Maritime Area Planning Act 2021

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Functions of MARA

43. (1) The functions of the MARA are—

(a) considering MAC applications, granting MACs and revoking or suspending MACs,

(b) considering licence applications, granting licences and revoking or suspending licences,

(c) securing the enforcement of the provisions of this Act relating to MACs or licences,

(d) promoting and monitoring compliance with the provisions of this Act in so far as those provisions relate to MACs or licences, or both,

(e) investigating—

(i) instances of suspected offences under this Act, and

(ii) instances otherwise of suspected non-compliance with Part 3 , 4 , 5 or 6 or with the obligations to which holders and former holders of MACs or licences are subject,

(f) the prosecuting of offences under this Act by way of summary proceedings,

(g) at the discretion of the MARA, referring cases to the Director of Public Prosecutions where the MARA has reasonable grounds for believing that an indictable offence under this Act has been committed,

(h) fostering and promoting co-operation between regulators of the maritime area, whether or not pursuant to a co-operation agreement referred to in Chapter 6,

(i) the undertaking of all administrative responsibility for foreshore authorisations, including—

(i) performing functions under or in relation to such authorisations as if—

(I) the authorisations had been granted (or otherwise given) by the MARA, and

(II) references in the authorisations (howsoever expressed) to the Minister of the Government who falls within paragraph (c) of section 1B of the Act of 1933 were references to the MARA,

(ii) investigating instances of suspected offences under the Act of 1933, and

(iii) investigating instances otherwise of suspected non-compliance with the Act of 1933 or with obligations to which holders and former holders of the authorisations are subject,

and

(j) performing such other functions as are conferred upon it by this Act, the Act of 2000 or any other enactment.

(2) Subject to this Act, the MARA shall be independent in the performance of its functions.

(3) The MARA shall perform its functions through or by—

(a) the Board (M), or

(b) the chief executive officer or any other member of the staff of the MARA duly authorised in that behalf by the Board (M).

(4) The MARA shall have all such powers as are necessary or expedient for the performance of its functions.