75. (1) Subject to subsection (4) F18[and sections 75A and 76A], where development permission is required for a proposed maritime usage in a part of the maritime area, a person shall not seek, or otherwise have (by whatever means), such permission unless he or she is, in respect of that part, the holder of a MAC for the occupation of that part for the purposes of such usage.

(2) (a) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 8 of Schedule 3, a class of maritime usage where he or she is of the opinion that—

(i) by reason of the size, nature or limited impact on the maritime area, of maritime usage which falls within that class, the undertaking of such usage would not offend against the principles of proper management of the maritime area and sustainable usage of the maritime area, or

(ii) the maritime usage is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation).

(b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations.

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

F19[(4) (a) Subsection (1) shall not apply to any proposed maritime usage specified in Schedule 3.

(b) Subject to paragraph (c), subsection (1) shall not apply where—

(i) a prospective applicant for the development permission referred to in that subsection has, on or before 1 October 2022, entered into consultations with the Board (P) under section 37B of the Act of 2000, and

(ii) an application for such permission is made, on or before 1 October 2024, pursuant to Part III of the Act of 2000.

(c) Where a person is for the time being not required to be the holder of a MAC by virtue of the operation of paragraph (b), the person shall make the MAC application concerned before the 2nd anniversary of the date of the grant of the permission concerned pursuant to Part III of the Act of 2000.]

F20[(5) Where subsection (1) applies, the application for the development permission referred to in that subsection shall have attached to it the rehabilitation schedule (within the meaning of section 95) that would otherwise have been required to be attached to the MAC referred to in that subsection but for the operation of section 96(5).]