Maritime Area Planning Act 2021

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Levy framework

92. (1) Subject to subsections (2) and (3), the MARA shall, as soon as is practicable after the establishment day and with the consent of the Minister for Public Expenditure and Reform, establish a framework (in this Chapter referred to as the “levy framework”) in accordance with which a levy shall be paid to the MARA by the holder of a MAC for the occupation of the part of the maritime area the subject of the MAC for the purposes of the undertaking of the maritime usage the subject of the MAC (including any potential such usage where, for whatever reason, the usage is yet to be undertaken).

(2) The levy framework may provide for any of the following:

(a) different levies for different classes of MACs, different classes of maritime usages the subject of MACs, different parts of the maritime area the subject of MACs or any combination thereof;

(b) levies calculated by reference to—

(i) specified amounts,

(ii) a range of amounts within which the levies concerned must fall, or

(iii) formulae;

(c) levies that are required to be paid upon the occurrence of a specified event;

(d) the circumstances in which levies may be specified at a nil or token amount;

(e) in the case of MACs to which section 75 applies—

(i) levies that apply between the grant of the MACs and before the development permission concerned is granted (including different levies that apply by reference to different parts of the length of time effluxing between the grant of the MAC concerned and the grant of the development permission concerned), and

(ii) levies that apply on and after the development permission concerned is granted.

(3) The MARA shall, in establishing the levy framework, have regard to the following:

(a) the nature of a class of maritime usages for which MACs may be granted;

(b) the degree of utilisation of parts of the maritime area that may be required by a class of maritime usages for which MACs may be granted (including the degree to which such utilisation may exclude the use by other persons of such parts);

(c) the likely profit or other benefit that may be gained by the holders of a class of MACs from the maritime usages the subject of those MACs;

(d) the likely public benefit to be gained from a class of maritime usages for which MACs may be granted;

(e) the nature of potential holders, or classes of potential holders, of MACs;

(f) the financial means of potential holders, or classes of potential holders, of MACs;

(g) the marine planning policy statement to the extent (if any) that the statement is relevant to levies;

(h) guidelines issued under section 7 to the extent (if any) that the guidelines are relevant to levies;

(i) policy directives issued under section 8 to the extent (if any) that the directives are relevant to levies;

(j) the outcomes of any processes that the MARA has undertaken for the purposes of establishing the levy framework;

(k) the extent that there needs to be a fair and reasonable return to the State for the use, by the holders of MACs, of the maritime area.

(4) The MARA shall, as soon as is practicable after it establishes the levy framework, publish the framework on its website.

(5)(a) The MARA shall keep the levy framework under review and may amend (including amend by way of replacing) it as it thinks fit.

(b) Subsections (1) to (4) shall, with all necessary modifications, apply to an amendment to the levy framework as they apply to the levy framework.

(c) A levy framework amended or replaced under this subsection shall, unless otherwise specified in the framework, apply to the holders of MACs granted before the framework was amended or replaced as it applies to the holders of MACs granted on or after such amendment or replacement.

(6) Without prejudice to the generality of subsection (5), the MARA shall not grant a MAC to the applicant for the MAC before the applicant knows the levy or levies that the applicant will be required to pay, under the levy framework as in force on the day that the MARA grants the MAC, to the MARA if the MAC is so granted.