Maritime Area Planning Act 2021
Assignment of MAC
85. (1) This section applies where the holder of a MAC (in this section referred to as the “proposed assignor”) wishes to assign the MAC to another person (in this section referred to as the “proposed assignee”).
(2) F12[Subject to subsection (2A), the proposed assignor] and the proposed assignee shall make a joint MAC application to the MARA for the MARA’s consent in writing to the assignment and, in the case of such application, section 79 and the other provisions of this Part (including section 84) applicable to a MAC application and its determination under section 81 shall, with all necessary modifications, apply accordingly.
F13[(2A) Subject to subsections (2B) and (2C), the Minister may by regulations specify—
(a) a class of assignments (including identifying such class by reference to a class of proposed assignees in relation to whom assignments which fall within that class may be made) to which subsection (2) shall not apply, and
(b) the procedures or requirements that will apply to an application by the proposed assignor or the proposed assignee, or both of them, made to the MARA for the MARA’s consent in writing to an assignment which falls within that class (which procedures or requirements may be, or include, modifications of the procedures or requirements which apply to an assignment to which subsection (2) does apply).
(2B) Where the Minister makes regulations under subsection (2A), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the class of assignments concerned and the procedures and requirements that will apply to the applications concerned:
(a) whether the nature of an assignment which falls within that class, or the nature of the proposed assignee to whom the assignment may be made, or both, warrants the disapplication of subsection (2) to that class on the basis that to apply that subsection to that class would be disproportionate;
(b) whether the procedures and requirements applicable to those applications are more proportionate for the purposes of the assignment concerned than the procedures and requirements that would otherwise apply to the assignment by virtue of subsection (2) if that subsection were to apply to the assignment.
(2C) On and after the establishment day, the Minister shall not make regulations under subsection (2A) except after consultation with the MARA.]
F14[(3) The assignment of a MAC purporting to be effected, as appropriate—
(a) without the consent referred to in subsection (2), or
(b) otherwise than in compliance with regulations made under subsection (2A),
shall be void.]
(4) References in this Act to the grant of a MAC shall include references to the assignment of a MAC in any case where the MAC has been assigned or reassigned in accordance with this section.
Substituted (9.09.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 49(a), S.I. 447 of 2022.
Inserted (9.09.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 49(b), S.I. 447 of 2022.
Substituted (9.09.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 49(c), S.I. 447 of 2022.