Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Amendment of section 287 of Act of 2000

253. Section 287 of the Act of 2000 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (4), a person” for “A person”, and

(b) by the insertion of the following subsection after subsection (3):

“(4) (a) Subject to paragraph (b), a prospective applicant for permission to carry out development consisting of port infrastructure to facilitate the deployment, maintenance or operation of offshore renewable energy infrastructure may consult with the Board in accordance with subsection (1) notwithstanding that the prospective applicant is not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of such proposed development.

(b) Paragraph (a) shall not be construed to entitle the prospective applicant referred to in that paragraph to make an application under section 291 for permission for the development referred to in that paragraph without being the holder of the maritime area consent referred to in that paragraph.”.