|
|
|
Insertion of new section in Act of 2021
|
| |
60. The Act of 2021 is amended by the insertion of the following section after section 144:
|
|
| |
“Termination of relevant authorisation for breach
|
|
| |
144A. (1) The following breaches shall constitute grounds for termination of a relevant authorisation—
|
|
| |
(a) where the holder of a relevant authorisation fails to comply with a development permission granted in respect of the maritime usage the subject of that relevant authorisation and such failure is not remedied in accordance with, and within such reasonable period as is specified in, a notice from the MARA to the holder requiring such failure to be remedied,
|
|
| |
(b) where the holder of a relevant authorisation fails to pay relevant moneys, as defined in section 167, due and owing to the MARA,
|
|
| |
(c) where the holder of a relevant authorisation is in material breach of any provision of the relevant authorisation, the Act or the law, which breach is not remedied in accordance with, and within such reasonable period as is specified in, a notice from the MARA to the holder requiring such breach to be remedied, or which breach is not capable of being remedied, or
|
|
| |
(d) where the holder of a relevant authorisation is in repeated or cumulative breach of any one or more provisions of the relevant authorisation, the Act or the law, which collectively are reasonably determined by the MARA to constitute a material breach and which are not remedied in accordance with, and within such reasonable period as is specified in, a notice from the MARA to the holder requiring such failure to be remedied.
|
|
| |
(2) Where the MARA is satisfied that there is a ground for termination of the relevant authorisation under subsection (1), it shall serve a notice in writing on the holder of the relevant authorisation—
|
|
| |
(a) specifying the particular breach complained of;
|
|
| |
(b) if the breach is capable of remedy, requiring the holder of the relevant authorisation to remedy the breach;
|
|
| |
(c) specifying a reasonable period, of at least 30 days, within which the breach must be remedied.
|
|
| |
(3) If the breach is not remedied within the period specified in the notice served under subsection (2), then the MARA shall serve notice of termination on the holder of the relevant authorisation.
|
|
| |
(4) The holder of the relevant authorisation shall accept that the relevant authorisation has terminated or object to the notice of termination within a period of 30 days.
|
|
| |
(5) Where the holder of the relevant authorisation does not accept that the relevant authorisation has terminated or objects to the termination of the relevant authorisation, then the MARA shall make as soon as practicable and on notice to the holder of the relevant authorisation, make an application to the High Court to confirm that the relevant authorisation has terminated.
|
|
| |
(6) The Court may either confirm that the relevant authorisation has terminated or refuse to confirm that the relevant authorisation has terminated, as the Court sees fit, having regard to the conduct of the parties under the foregoing provisions of this section and all other circumstances and where the Court refuses to confirm that the relevant authorisation has terminated, the Court may make such order subject to such terms and conditions as the Court sees fit.
|
|
| |
(7) The entitlement of the MARA to terminate a relevant authorisation for a failure to comply with a development permission is independent of and without prejudice to the entitlement of the MARA to take enforcement action under Part VIII of the Act of 2000 and shall not be construed to prejudice the application of the Act of 2000 in the event of a failure by the holder of a relevant authorisation to comply with a development permission granted in respect of the maritime usage the subject of the relevant authorisation.
|
|
| |
(8) The entitlement of the MARA to terminate a relevant authorisation for a failure to pay relevant moneys due and owing by the holder of the relevant authorisation to the MARA is independent of and without prejudice to the entitlement of the MARA to recover, as a simple contract debt in any court of competent jurisdiction, from a person by whom relevant moneys is payable, any amount due and owing to the MARA in respect of such moneys in accordance with section 169 of the Act.
|
|
| |
(9) The entitlement of the MARA to terminate a relevant authorisation in accordance with this section is without prejudice to the entitlement of the MARA to exercise any of the other enforcement powers conferred on it under Part 6 of the Act.”.
|
