97. F32[(1) Subject to subsection (4), this section applies where the MARA is of the opinion, subsequent to the grant of a MAC, or the grant of development permission for the maritime usage the subject of a MAC, as appropriate, but not earlier than the anniversary of that grant specified in the MAC for the purposes of this section, that due to—

(a) technological developments relating to the rehabilitation of marine environments,

(b) changes in what is accepted as best practice relating to the rehabilitation of marine environments,

(c) submissions or recommendations made to the MARA by interested parties, organisations and other bodies concerned with the rehabilitation of marine environments, or

(d) any combination of matters falling within any of paragraphs (a) to (c),

the rehabilitation schedule or planning rehabilitation schedule, as the case may be, is no longer appropriate.]

F32[(2) The MARA may, by notice in writing given to the holder of a MAC to which a rehabilitation schedule is attached, require the holder to make an application under section 86(1), within the period specified in the notice (being a period reasonable in all the circumstances of the case), to amend or replace the rehabilitation schedule to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1) but excluding any case where to take account of those matters requires an environmental impact assessment (in this section referred to as the "exclusion (EIA)").]

(3) The holder of the MAC shall comply with the notice given to the holder under subsection (2).

F33[(3A) Subject to subsection (3E), the MARA may, by notice in writing given to the holder of a MAC to which a rehabilitation schedule is attached but to which subsection (2) does not apply by virtue of the exclusion (EIA), require the holder to make an application for development permission, within the period specified in the notice (being a period reasonable in all the circumstances of the case), to amend or replace the rehabilitation schedule to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1).

(3B) The holder of the MAC shall comply with the notice given to the holder under subsection (3A).

(3C) Subject to subsection (3E), the MARA may, by notice in writing given to the holder of a MAC in respect of which development permission has been granted in respect of the maritime usage the subject of the MAC, require the holder to make an application to amend the planning rehabilitation schedule the subject of such development permission, within the period specified in the notice (being a period reasonable in all the circumstances of the case), to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1).

(3D) The holder of the MAC shall comply with the notice given to the holder under subsection (3C).

(3E) The matters specified in a notice under subsection (3A) or (3C) shall not be construed to constrain the generality of the provisions of the Act of 2000 that apply to the determination of an application referred to in that subsection.]

(4) The references to anniversary in subsection (1) may include a series of anniversaries, whether or not with different periods of time passing between one anniversary and the next anniversary in any part, or parts, of the series.