Maritime Area Planning Act 2021
Transitional provisions for certain foreshore authorisations
129. (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 licence 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 licence application to surrender the authorisation to the MARA for a licence and, in any such case, section 117 and the other provisions of this Part (including section 122) shall, with all necessary modifications, apply to the authorisation, the licence application, and the application’s determination under section 119, accordingly.
(c) The foreshore authorisation shall expire—
(i) upon the holder being granted a licence pursuant to the licence 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 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 licence application to surrender the authorisation for a licence for the maritime usage the subject of the authorisation and, in any such case, section 117 and the other provisions of this Part (including section 122) shall, with all necessary modifications, apply to the authorisation, the joint licence application, and the application’s determination under section 119, accordingly.
(c) The foreshore authorisation shall expire—
(i) upon the other person being granted a licence pursuant to the joint licence application referred to in paragraph (b), or
(ii) in accordance with the provisions of the authorisation and the Act of 1933,
whichever first occurs.