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Amendment of Schedule 6 to Act of 2021
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74. Schedule 6 to the Act of 2021 is amended—
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(a) in Part 1—
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(i) by the substitution of the following paragraph for paragraph 1:
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“(1) A condition requiring the holder of a MAC to provide an indemnity to the State for one or both of the following:
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(a) a failure to comply with—
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(i) a provision of the MAC,
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(ii) a provision of this Act relevant to a MAC, or
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(iii) a provision of one or more than one condition attached,
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or deemed to be attached, to the MAC, or
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(b) any liability arising from the undertaking of the maritime usage the subject of the MAC.”,
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(ii) in paragraph 3, by the deletion of “change of circumstances that a reasonable person would consider might be a”,
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(iii) by the substitution of the following paragraph for paragraph 9:
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“9. If a MAC is revoked under Chapter 3A of Part 6, terminated under Chapter 4 of that Part or revoked under Chapter 5 of that Part, a provision requiring the former holder of the MAC (and notwithstanding that revocation or termination) to comply, in relation to that MAC, with section 96—
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(a) as if the reference in section 96(1) to the expiration of a MAC were a reference to that revocation or termination, and
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(b) to the extent practicable in all the circumstances of the case.”,
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(iv) by the deletion of paragraphs 11 and 18, and
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(v) by the insertion of the following paragraphs after paragraph 22:
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“22A. A condition requiring the holder of a MAC to comply with the enactments specified in the condition that are relevant to the maritime usage the subject of the MAC.
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22B. A condition specifying the steps that must be taken by the holder of a MAC when force majeure or other change of circumstances prevents one or both of the following:
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(a) the holder from discharging (whether in whole or in part) an obligation of the holder under the MAC, this Act or the Act of 2000;
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(b) the MARA from discharging (whether in whole or in part) an obligation of the MARA under the MAC, this Act or the Act of 2000 where the obligation relates, whether in whole or in part or directly or indirectly, to the holder.
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22C. A condition that the MARA considers necessary and appropriate in the particular circumstances of a particular holder of a MAC.”,
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and
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(b) in Part 2, by the insertion of the following paragraphs after paragraph 24:
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“24A. A condition requiring the holder of a MAC to comply with any development permission granted in respect of the maritime usage the subject of the MAC.
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24B. A condition requiring the holder of a MAC to cooperate with and assist the MARA in—
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(a) the MARA’s performance of its functions under and in relation to the MAC, and
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(b) the MARA’s performance of its functions under this Act in so far as those functions relate to the MAC or to a class of MACs into which the MAC falls.”.
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