Maritime Area Planning Act 2021

113

Prohibition against undertaking certain maritime usages in maritime area without licence

113. (1) A person shall not undertake a Schedule 7 usage (other than an exempted usage) in any part of the maritime area unless he or she is, in respect of that part, the holder of a licence for such usage.

(2) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 14 of Schedule 7, a maritime usage (not being a maritime usage which requires development permission) where the Minister is satisfied that such usage—

(a) would, if undertaken, have one or more than one of the following apply:

(i) be for, or occur over, a limited and ascertainable period;

(ii) be a usage that is required to be undertaken for the purposes of a condition attached to a MAC by virtue of section 82;

(iii) be investigative in nature or for the purposes of discovery;

(iv) be limited in scale;

(v) have a limited impact on the maritime area;

(vi) not require authorisation by or under any other enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation),

and

(b) could effectively be regulated by the application of the provisions of this Part to the usage.

(3) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.