105. (1) This section applies to a foreshore authorisation where the maritime usage the subject of the authorisation would, if it were not the subject of the authorisation, have to be, inter alia, the subject of a MAC before it could be lawfully undertaken.

(2) (a) Paragraphs (b) and (c) apply where the holder of a foreshore authorisation—

(i) is lawfully occupying a part of the foreshore pursuant to the authorisation, and

(ii) wishes to—

(I) amend the authorisation, or

(II) continue to occupy that part after the expiration of the authorisation without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation.

(b) The holder may, at any time before the expiration of the foreshore authorisation, make a MAC application to surrender the authorisation to the MARA for a MAC and, in any such case, section 79 and the other provisions of this Part (including section 84) shall, with all necessary modifications, apply to the authorisation, the MAC application, and the application’s determination under section 81, accordingly.

(c) The foreshore authorisation shall expire—

(i) upon the holder being granted a MAC pursuant to the MAC application referred to in paragraph (b), or

(ii) in accordance with the provisions of the authorisation and the Act of 1933,

whichever first occurs.

(3) (a) Paragraphs (b) and (c) apply where—

(i) the holder of a foreshore authorisation—

(I) is lawfully occupying a part of the foreshore area pursuant to the authorisation, and

(II) wishes to discontinue to occupy that part in favour of another person occupying that part,

and

(ii) the other person wishes to occupy that part without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation.

(b) The holder of the foreshore authorisation and the other person may, at any time before the expiration of the authorisation, make a joint MAC application to surrender the authorisation to the MARA for a MAC for the maritime usage the subject of the authorisation and, in any such case, section 79 and the other provisions of this Part (including section 84) shall, with all necessary modifications, apply to the authorisation, the joint MAC application, and the application’s determination under section 81, accordingly.

(c) The foreshore authorisation shall expire—

(i) upon the other person being granted a MAC pursuant to the joint MAC application referred to in paragraph (b), or

(ii) in accordance with the provisions of the authorisation and the Act of 1933,

whichever first occurs.