Maritime Area Planning Act 2021

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Determination of application under section 88

89. (1) The MARA shall determine an application under section 88 (1) by—

(a) subject to subsection (7), if the applicant has satisfied the MARA that all the obligations of the applicant arising from being the holder of the MAC concerned have been discharged, consenting to the surrender of the MAC by notice in writing given to the applicant specifying the date on which the surrender shall take effect,

(b) in any other case, giving a notice in writing to the applicant (subsequent to the applicant’s response (if any) to a notice under paragraph (c) given to the applicant) refusing the application and specifying the MARA’s reasons for the refusal, or

(c) in the interests of procedural fairness, giving a notice in writing to the applicant stating that—

(i) the MARA is minded to refuse to grant the application for the reasons specified in the notice, and

(ii) if the applicant wishes to do so, he or she may, within the period specified in the notice (being a period reasonable in all the circumstances of the case) provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a decision under paragraph (a) or (b) in respect of the application.

(2) The MARA shall, as soon as is practicable after it consents to the surrender of a MAC, publish a notice on its website stating, at a minimum:

(a) the name of the holder or former holder of the MAC;

(b) the date on which the surrender was, or will be, effected;

(c) sufficient particulars of the MAC to readily identify it.

(3) Where subsection (1)(b) applies, the MARA shall, at the same time as it gives the notice referred to in that subsection to the applicant concerned or as soon as is practicable thereafter, publish the notice on its website.

(4) The MARA shall, at the same time as it publishes a notice on its website under this section, also publish a notice on its website stating—

(a) that a person may question the validity of a decision of the MARA to which the first-mentioned notice relates by way of an application for judicial review in accordance with Chapter 13, and

(b) where practical information on the review mechanism can be found.

(5) The surrender of a MAC purporting to be effected without the consent referred to in subsection (1)(a) shall be void.

(6) The MARA shall, as soon as is practicable after it refuses to consent to the surrender of a MAC, publish on its website a copy of the notice concerned referred to in subsection (1)(b).

(7) The reference to obligations in subsection (1)(a) includes obligations not only under this Act but also obligations that arise under another enactment, including those arising under the development permission (if any) concerned.

(8) For the avoidance of doubt, it is hereby declared that paragraph (c) of subsection (1) only applies once to the same application under section 88 (1).