Maritime Area Planning Act 2021
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Appeal to High Court against decision to impose major sanction | ||
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149. (1) A holder the subject of a decision under section 147 (4)(a) by the MARA to impose a major sanction on the holder may, not later than 30 days from the date the holder received the notice under section 147 (5) of the decision and on notice to the MARA, appeal to the High Court against the decision. | ||
(2) The High Court may, on the hearing of an appeal under subsection (1) by a holder, consider any evidence adduced or argument made, whether or not adduced or made to an authorised officer or the MARA. | ||
(3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a holder— | ||
(a) either— | ||
(i) confirm the decision the subject of the appeal, or | ||
(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision— | ||
(I) to do either or both of the following: | ||
(A) impose a different major sanction on the holder; | ||
(B) impose a minor sanction on the holder, | ||
or | ||
(II) to impose neither a major sanction nor a minor sanction on the holder, | ||
and | ||
(b) whether paragraph (a)(i) or (ii) is applicable, make such order as to costs as it thinks fit in respect of the appeal. | ||
(4) The High Court shall, for the purposes of subsection (3)(a)(i) or (ii)(I), take into consideration the matters referred to in section 152 . |