Maritime Area Planning Act 2021
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Power of MARA to require holder of MAC to make application under section 86 | ||
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97. (1) Subject to subsection (4), this section applies where the MARA is of the opinion, subsequent to the grant of a MAC (or, where section 96 applies, subsequent to the attachment to the MAC of the rehabilitation schedule concerned) but not earlier than the anniversary of that grant (or, where section 96 applies, the anniversary of the attachment to the MAC of the rehabilitation schedule concerned) specified in the MAC for the purposes of this section, that due to— | ||
(a) technological developments relating to the rehabilitation of marine environments, | ||
(b) changes in what is accepted as best practice relating to the rehabilitation of marine environments, | ||
(c) submissions or recommendations made to the MARA by interested parties, organisations and other bodies concerned with the rehabilitation of marine environments, or | ||
(d) any combination of matters falling within any of paragraphs (a) to (c), | ||
the rehabilitation schedule is no longer appropriate. | ||
(2) The MARA may, by notice in writing given to the holder of the MAC, require the holder to make an application under section 86 (1), within the period specified in the notice (being a period reasonable in all the circumstances of the case) to amend or replace the rehabilitation schedule to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1). | ||
(3) The holder of the MAC shall comply with the notice given to the holder under subsection (2). | ||
(4) The references to anniversary in subsection (1) may include a series of anniversaries, whether or not with different periods of time passing between one anniversary and the next anniversary in any part, or parts, of the series. |