Maritime Area Planning Act 2021

Chapter 4

Automatic termination of relevant authorisation

Automatic termination of relevant authorisation

144. (1) Subject to Chapter 6, a relevant authorisation terminates immediately upon the occurrence of any of the following events:

(a) where the holder is an individual, the holder—

(i) dies,

(ii) is adjudicated bankrupt (whether in the State or elsewhere), or

(iii) becomes an arranging debtor (whether in the State or elsewhere);

(b) where the holder is a body corporate—

(i) the holder commences a voluntary winding-up or becomes subject to a winding-up order,

(ii) a receiver or examiner is appointed to the holder,

(iii) the holder proposes a compromise or arrangement that is sanctioned under section 453(2) of the Act of 2014 or section 201(3) of the Act of 1963, or

(iv) where the body is incorporated under the laws of another state, on the commencement of any event which corresponds to an event referred to in subparagraph (i), (ii) or (iii);

(c) development permission is required for the maritime usage the subject of the authorisation and the application for such permission—

(i) has not been made within the period specified in a condition, referred to in paragraph 5 of Part 1 of Schedule 6 , attached to the authorisation, or

(ii) has been refused in circumstances where no further step can be taken by the holder, or a court, in respect of that application.

(2) (a) Where subsection (1)(a)(i) applies to the holder, the personal representative of the holder’s estate shall, as soon as is practicable after the death of the holder, give notice in the specified form to the MARA informing the MARA of such death.

(b) Where subsection (1)(a)(ii) or (iii) applies to the holder, the holder shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(3) (a) Where subsection (1)(b)(i), (iii) or (iv) applies to the holder, the holder shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(b) Where subsection (1)(b)(ii) applies to the holder, the receiver or examiner concerned shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(4) Where subsection (1)(c)(ii) applies to a relevant authorisation, the holder concerned shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(5) The MARA shall, as soon as is practicable after it becomes aware of the termination under this section of a relevant authorisation, publish a notice on its website—

(a) stating the name of the holder,

(b) giving particulars of the authorisation sufficient to identify the authorisation,

(c) stating the ground under subsection (1) on which the authorisation was terminated, and

(d) the date on which the termination occurred.