Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

When MAC is required after grant of certain development permission

278. The Act of 2021 is amended by the insertion of the following section after section 75:

“75A. (1) Subject to subsections (2) and (3), where development permission has been granted, on or before 17 July 2023, for a proposed maritime usage in a part of the maritime area, a person shall not undertake such usage unless he or she is, in respect of that part, the holder of a MAC for the occupation of that part for the purposes of such usage.

(2) Subsection (1) shall not apply to a proposed maritime usage referred to in that subsection that is the subject of—

(a) a lease made under section 2 of the Act of 1933 that authorises the lessee to do, for the purposes of such usage, one or more than one of the acts referred to in that section, or

(b) a licence granted under section 3 of the Act that authorises the licensee to do, for the purposes of such usage, one or more than one of the acts referred to in that section.

(3) An application under section 79(1) for the grant of a MAC for the purposes of the undertaking of the proposed maritime usage referred to in subsection (1) shall be made before 17 July 2024.”.