121. (1) Unless otherwise specified in regulations made under this section, nothing in this Part shall of itself be construed as preventing the MARA from granting a licence to an applicant—

(a) who is the holder of a licence for the same Schedule 7 usage provided that the first-mentioned licence is for a period which will not overlap with the period of the second-mentioned licence, or

(b) who was the holder of a licence for the same Schedule 7 usage where the licence has expired or is no longer in force.

(2) The MARA shall, before granting a licence, have regard to—

(a) the National Marine Planning Framework,

(b) the State’s obligations under the following Directives in so far as those obligations are relevant to the undertaking of the Schedule 7 usage concerned:

(i) Habitats Directive;

(ii) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000¹³ establishing a framework for Community action in the field of water policy (Water Framework Directive);

(iii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008¹⁴ establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017;

(iv) Birds Directive;

(v) Environmental Impact Assessment Directive,

(c) the provisions of any enactment giving effect to a Directive referred to in paragraph (b) in so far as those provisions give effect to the obligations referred to in that paragraph that are relevant to the Schedule 7 usage concerned, and

(d) any other maritime usage lawfully undertaken pursuant to this Act or another enactment in the same part of the maritime area to which the first-mentioned licence relates.