Maritime Area Planning Act 2021


Provision for co-operation between MARA and public bodies

65. (1) The MARA may enter into an arrangement with a public body for the purposes of—

(a) any of the following:

(i) facilitating co-operation between the MARA and the body in the performance of their respective functions in so far as they relate to the maritime area;

(ii) the body rendering assistance to the MARA in the MARA’s performance of its functions where such assistance is not inconsistent with the body’s functions;

(iii) the MARA rendering assistance to the body in the body’s performance of its functions where such assistance is not inconsistent with the MARA’s functions,

(b) avoiding duplication of activities by the MARA and the body in so far as those activities relate to the maritime area,

(c) ensuring, as far as is practicable, consistency between decisions made or other steps taken by the MARA and the body in so far as any part of those decisions or steps consists of or relates to the maritime area,

(d) enabling the MARA to be consulted in relation to any decisions by the body which affect users or proposed users of the maritime area, or

(e) where appropriate, conducting joint studies or analyses of matters relating to the maritime area,

and each such arrangement that is entered into is referred to in this section as a “co-operation agreement”.

(2) A co-operation agreement may include any or all of the following provisions:

(a) enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions;

(b) enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter;

(c) requiring each party to consult with any other party before performing any functions in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues concerning the maritime area or users or proposed users of the maritime area that are identical to one another or are within the same category of such an issue, being a category specified in the co-operation agreement.

(3) A co-operation agreement may be varied by the parties concerned.

(4) The MARA shall give the Minister and any other appropriate Minister a copy of every co-operation agreement (including any variation of the agreement) that has been made within one month after the agreement (or the variation of it) has been made.

(5) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as is practicable after the agreement or variation has been made and given to the Minister and any other appropriate Minister, each of the parties shall arrange for it to be published on its own website.

(6) If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (2)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.

(7) A failure by the MARA or a public body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.

(8) In this section—

“appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the public body concerned;

“party” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are two or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate.