Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Amendment of section 75 of Act of 2021

277. Section 75 of the Act of 2021 is amended—

(a) in subsection (1), by the insertion of “and sections 75A and 76A” after “subsection (4) ”, and

(b) by the substitution of the following subsection for subsection (4):

“(4) (a) Subsection (1) shall not apply to any proposed maritime usage specified in Schedule 3.

(b) Subject to paragraph (c), subsection (1) shall not apply where—

(i) a prospective applicant for the development permission referred to in that subsection has, on or before 1 October 2022, entered into consultations with the Board (P) under section 37B of the Act of 2000, and

(ii) an application for such permission is made, on or before 1 October 2024, pursuant to Part III of the Act of 2000.

(c) Where a person is for the time being not required to be the holder of a MAC by virtue of the operation of paragraph (b), the person shall make the MAC application concerned before the 2nd anniversary of the date of the grant of the permission concerned pursuant to Part III of the Act of 2000.”.