93. (1) The MARA may, with the consent of the Minister for Public Expenditure and Reform, use a competitive process (whether by auction or otherwise) to determine the levy or levies to be paid by the holder of the MAC concerned to the MARA where—

(a) there are, or are expected to be, two or more MAC applications (whether or not relating to the same part of the maritime area) and the MARA is of the opinion that the grant of one or more than one of those applications would exclude the possibility of granting one or more than one of the other applications,

(b) the part of the maritime area concerned is the subject of—

(i) a MSP which falls within section 16(3)(b), or

(ii) a DMAP,

or

(c) both paragraphs (a) and (b) apply.

(2) The MARA may, under section 92, amend the levy framework to take account of—

(a) competitive processes in general referred to in subsection (1), or

(b) a particular competitive process referred to in subsection (1),

as the MARA thinks fit in all the circumstances of the case.

(3) A competitive process referred to in subsection (1) shall be conducted in a manner which is open, transparent, competitive, non-discriminatory and cost effective.