Maritime Area Planning Act 2021

SCHEDULE 5

Criteria that MARA shall have regard to in determining MAC application

Section 80

1. The nature, scope and duration of the occupation of the maritime area concerned for the purposes of the proposed maritime usage.

2. Whether the proposed maritime usage is in the public interest.

3. The location and spatial extent of the occupation of the maritime area concerned for the purposes of the proposed maritime usage.

4. Guidelines issued under section 7 which are relevant to the proposed maritime usage.

5. Whether the applicant is a fit and proper person (within the meaning of Schedule 2) to be granted a MAC, both at the time the application is made and at the time that the MAC application concerned is determined by the MARA.

6. Whether the applicant is tax compliant, both at the time the application is made and at the time that the MAC application concerned is determined by the MARA.

7. In the case of any maritime usage relating to offshore renewable energy (within the meaning of section 100), the consistency of the MAC application concerned with the development plans of the transmission system operator (within the meaning of section 100).

8. The National Marine Planning Framework.

9. The extent and nature of the preparatory work already undertaken by the applicant towards ensuring the efficacious undertaking of the proposed maritime usage the subject of the MAC application concerned should the applicant be granted a MAC in respect of such usage.

10. The extent and nature of stakeholder engagement undertaken by the applicant in respect of the proposed maritime usage.

11. Where a competitive process referred to in section 93 or 103 is used, the outcome of such process.

12. Any additional criteria specified, for the purposes of this paragraph, in regulations made under section 80(2).