Maritime Area Planning Act 2021

103

Certain MSPs and DMAPs and MACs after establishment day

103. (1) The MARA may give notice (in this section referred to as the “relevant notice”) in accordance with this section that it intends to invite MAC applications or has received MAC applications, or both, for the maritime usage specified in the notice to be undertaken (if a MAC is granted) in a manner consistent with the MSP referred to in section 16(3)(b), or the DMAP, specified in the notice.

(2) (a) The MARA shall publish the relevant notice on its website.

(b) The relevant notice shall specify the period within which the MAC applications invited by the notice shall be made to the MARA.

(c) The MARA shall disregard a MAC application invited by the relevant notice which is received by the MARA after the expiration of the period referred to in paragraph (b).

(d) The relevant notice may specify the weighting that shall apply in respect of—

(i) the criteria specified in Schedule 5, and

(ii) subject to paragraph (e), the extra criteria (if any) specified in the notice,

against which the MAC applications will be assessed.

(e) The extra criteria specified in a relevant notice pursuant to paragraph (d) shall not be inconsistent with the criteria specified in Schedule 5.

(3) Subject to subsection (4), the MARA may use a competitive process (which may be, or include, a competitive process referred to in section 93) to determine which (if any) of the MAC applications invited by the relevant notice shall be granted a MAC.

(4) A competitive process referred to in subsection (3) shall be conducted in a manner which is open, transparent, competitive, non-discriminatory and cost effective.