Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Type Act

Publication 2023-10-13

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 282

(3) (a) Where a person suffers loss, injury or damage or incurs expenditure in consequence of the exercise by the Board of Trustees of a power conferred on them by this section, the Board of Trustees shall pay to him or her compensation in respect of the loss, injury, damage or expenditure and the amount of the compensation shall, in default of agreement, be determined by arbitration under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Board of Trustees shall be deemed to be the promoter of the undertaking, and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modifications, express or implied, thereof effected by this Act) with this Act.

(b) In assessing the compensation payable to a person under paragraph (a), regard shall be had to any benefit to any property of the person that arises or may reasonably be expected to arise from the exercise of the power concerned or any other power under this section by the Board of Trustees and, in particular but without prejudice to the generality of the foregoing, shall, in the case of a claim for compensation in relation to water rights, have regard to the extent of the exercise of the water rights during the period of 20 years immediately before the exercise of the power concerned by the Board of Trustees and to any alternative water supply provided for the person by the Board of Trustees.”.

Chapter 3

246. Amendment of section 182A of Act of 2000

246. Section 182A of the Act of 2000 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1B) and section 182AA, where” for “Where”,

(b) in subsection (1A)(b) and (c), by the insertion of “in the maritime area” after “owner of the land”, and

“(1B) (a) Subject to paragraph (b), the proposed development shall not include any development (which may be all or part of such proposed development and which is referred to in this subsection as the ‘development concerned’) in the maritime area where a licence (referred to in this subsection as the ‘licence concerned’) under section 3 of the Act of 1933 has been granted, on or before the commencement of section 246 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, in respect of the development concerned.

(b) Where the proposed development required, as appropriate—

(i) an environmental impact assessment,

(ii) an appropriate assessment, or

(iii) both an environmental impact assessment and an appropriate assessment,

to be carried out, paragraph (a) shall not apply to the development concerned unless that assessment was, or those assessments were, as the case may be, carried out before the grant of the licence concerned.

(c) Where paragraph (a) applies to the development concerned, the provisions of section 3 of the Act of 1933 relevant to the licence concerned shall be deemed to apply to the carrying out of the proposed development.”.

247. Disapplication of section 182A of Act of 2000

247. The Act of 2000 is amended by the insertion of the following section after section 182A:

“182AA. Section 182A shall not apply to development comprising or for the purposes of electricity transmission where such development is the subject of an application for permission made to the Board under section 291.”.

248. Disapplication of Chapters II and III of Part XXI of Act of 2000

248. The Act of 2000 is amended by the insertion of the following section after section 278:

“278A. (1) Subject to subsection (2), Chapters II and III shall not apply to strategic infrastructure development in respect of which—

(a) development permission has not been granted, and

(b) the prospective applicant concerned has, on or before 1 October 2022, entered into consultations with the Board under section 37B.

(2) Subsection (1) shall only apply to strategic infrastructure development the subject of an application for permission for such development made to the Board, before 1 October 2024, under section 37E.”.

249. Amendment of section 280 of Act of 2000

249. Section 280 of the Act of 2000 is amended—

(a) in subsection (2)—

(i) in paragraph (b), by the deletion of “or” last occurring,

(ii) in paragraph (c)(ii), by the substitution of “1933, or” for “1933.”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) subject to subsection (3), on the commencement of section 249 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(i) that was the subject of either—

(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or

(II) a licence granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.”,

and

(b) by the insertion of the following subsection after subsection (2):

“(3) Subsection (2) shall cease to apply to any development referred to in paragraph (d) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 249 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.”.

250. Amendment of section 281 of Act of 2000

250. Section 281(2)(b) and (d) of the Act of 2000 is amended by the insertion of “in the maritime area” after “owner of land”.

251. Amendment of section 285 of Act of 2000

251. Section 285 of the Act of 2000 is amended—

(a) in subsection (2) —

(i) in paragraph (b), by the deletion of “or” last occurring,

(ii) in paragraph (b)(ii), by the substitution of “1933, or” for “1933.”,

and

(b) by the insertion of the following paragraph after paragraph (b):

“(c) subject to subsection (3), on the commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(i) that was the subject of either—

(II) a license granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.”,

and

“(3) Subsection (2) shall cease to apply to any development referred to in paragraph (c) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

(4) (a) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a lease referred to in subparagraph (i)(I) of that paragraph, the provisions of section 2 of the Act of 1933 relevant to the lease shall be deemed to apply to the carrying out of the development.

(b) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a licence referred to in subparagraph (i)(II) of that paragraph, the provisions of section 3 of the Act of 1933 relevant to the licence shall be deemed to apply to the carrying out of the development.

(i) an environmental impact assessment,

(ii) an appropriate assessment,

(iii) both an environmental impact assessment and an appropriate assessment,

to be carried out, subsection (2) shall not apply to the development unless the assessment was, or those assessments were, as the case may be, carried out before, as appropriate, the making of the lease or the granting of the licence concerned.”.

252. Amendment of section 286 of Act of 2000

252. Section 286 of the Act of 2000 is amended—

(a) in subsection (3)—

(i) by the substitution of “sections 287(4) and 304” for “section 304”, and

(ii) in paragraphs (b) and (d), by the insertion of “in the maritime area” after “owner of the land”,

and

(b) in subsection (4)(b) and (d), by the insertion of “in the maritime area” after “owner of land”.

253. Amendment of section 287 of Act of 2000

253. Section 287 of the Act of 2000 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (4), a person” for “A person”, and

(b) by the insertion of the following subsection after subsection (3):

“(4) (a) Subject to paragraph (b), a prospective applicant for permission to carry out development consisting of port infrastructure to facilitate the deployment, maintenance or operation of offshore renewable energy infrastructure may consult with the Board in accordance with subsection (1) notwithstanding that the prospective applicant is not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of such proposed development.

(b) Paragraph (a) shall not be construed to entitle the prospective applicant referred to in that paragraph to make an application under section 291 for permission for the development referred to in that paragraph without being the holder of the maritime area consent referred to in that paragraph.”.

Chapter 4

254. Amendment of section 18A of Wildlife (Amendment) Act 2000

254. Section 18A(7)(b) (as inserted by section 4 of the Wildlife (Amendment) Act 2023) of the Wildlife (Amendment) Act 2000 is amended by the deletion of subparagraph (iv).

255. Amendment of section 7 of Wildlife (Amendment) Act 2023

255. Section 7(2) of the Wildlife (Amendment) Act 2023 is amended by the deletion of “Minister for Culture, Heritage and the Gaeltacht” and the substitution of “Minister for Housing, Local Government and Heritage”.

Chapter 5

256. Definition

256. In this Chapter, “Act of 2001” means the Valuation Act 2001.

257. Amendment of section 28 of Act of 2001

257. Section 28 of the Act of 2001 is amended by the substitution of the following subsections for subsection (14):

“(14) An amendment of a valuation list made under subsection (10), (11) or (12) shall have full force, from the date of its making, for the purposes of the rating authority concerned levying a rate in relation to the property concerned by reference to that list as so amended.

(15) Where—

(a) an amount of monies is paid on account of a rate levied in respect of a property, and

(b) it appears, consequent on an amendment of the value of the property made pursuant to an exercise of the powers under this section, that that payment involved an overpayment or an underpayment of the amount due in respect of such a rate,

then the balance owing or owed, as the case may be, to or by the person concerned may be paid or recovered, as appropriate—

(i) in the case of an overpayment, by making a refund to the person concerned of an amount equal to that balance or allowing an amount equal to that balance as a credit against the amount owed by the person concerned on account of a rate levied in respect of that or any other property, and

(ii) in the case of an underpayment, by recovering from the person concerned an amount equal to that balance as arrears of the rate concerned (and, accordingly, any of the means provided under any enactment for the recovery of a rate may be employed for that purpose).”.

258. Amendment of section 38 of Act of 2001

258. Section 38 of the Act of 2001 is amended—

(a) by renumbering it as subsection (1), and

(b) by inserting the following subsections after subsection (1):

“(2) An amendment of a valuation list made under this section shall have full force, from the date of its making, for the purposes of the rating authority concerned levying a rate in relation to the property concerned by reference to that list as so amended.

(3) Where—

(a) an amount of monies is paid on account of a rate levied in respect of a property, and

then the balance owing or owed, as the case may be, to or by the person concerned may be paid or recovered, as appropriate—

259. Amendment of section 53 of Act of 2001

259. Section 53(11) of the Act of 2001 is amended by the substitution of “together with issuing” for “and Tailte Éireann shall issue”.

260. Amendment of section 56 of Act of 2001

260. Section 56 of the Act of 2001 is amended—

(a) in subsection (2), by the substitution of “D is, subject to subsection (2A),” for “D is” in both places where it occurs, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) Where the annual rate on valuation that was levied by a rating authority for the preceding year 2023 was done pursuant to section 103(7) of the Local Government Act 2001 and not pursuant to section 3 of the Local Government Rates and other Matters Act 2019, the two references to ‘section 3 of the Local Government Rates and other Matters Act 2019’ in subsection (2) shall, in relation to that rating authority only and that preceding year only, be read as references to ‘section 103(7) of the Local Government Act 2001’ and notwithstanding the Local Government Rates and other Matters Act 2019.”.

Chapter 6

261. Amendment of section 19A of Act of 2001

261. Section 19A of the Act of 2001 is amended—

(a) in subsection (1)(b), by the insertion of “to perform the member’s functions during the absence” after “temporary substitute”, and

(b) by the insertion of the following subsection after subsection (9):

“(9A) The member causing the temporary absence shall not perform any functions as a member unless and until he or she returns to office.”.

Chapter 7

262. Definition

262. In this Chapter, “Act of 2019” means the Local Government Rates and other Matters Act 2019.

263. Rate to be levied on occupiers of relevant property

263. The Act of 2019 is amended by the substitution of the following section for section 4:

“4. (1) Subject to this section, in each local financial year, each rating authority shall, in accordance with the provisions of this section, impose and collect a charge (in this Act referred to as ‘a rate’) levied in respect of a relevant property included in—

(a) an existing valuation list for the rating authority’s area, or

(b) the valuation list published under section 23 of the Act of 2001 in the rating authority area of that authority.

(2) The amount of the rate so levied shall be calculated in accordance with the following formula:

A x B on C

where—

A is the valuation of the relevant property,

B is the annual rate on valuation determined by the rating authority concerned under section 3 for that year, and

C is the last day of the local financial year immediately preceding the local financial year to which the calculation relates.

(3) The rate calculated under this section shall be due and payable on the first day of the local financial year to which the rate applies.

(4) (a) Subject to paragraph (b), the following persons (in this Act referred to as a ‘liable person’) are liable to pay the rate levied under this section:

(i) the occupier of the relevant property on the day specified in subsection (3) ;

(ii) if the relevant property is unoccupied on that day, the person who is for the time being entitled to occupy the property on that day.

(b) Where a rate has been levied in respect of a relevant property in any local financial year and the liable person to whom a rates bill has been given under this section ceases to be the liable person in respect of the relevant property before the end of that year and has not paid the rate so levied, such liable person shall be liable to pay that portion of the rate levied in respect of that part of that year during which he or she remained the liable person and the remaining portion of the rate shall be levied on any subsequent liable persons on a pro-rata basis in respect of that part of that year in respect of which they were such liable persons.

(5) (a) A rates bill stating the rate levied under this section shall be given by the rating authority concerned to a liable person—

(i) where sections 3 and 4(1) and (2) apply,

(ii) where a valuation of a relevant property is amended pursuant to section 28 or 38 of the Act of 2001,

(iii) who is a subsequent liable person, or

(iv) in accordance with subsection (6).

(b) The rates bill shall include the following information:

(i) the amount of the rate payable by the person to whom the rates bill is addressed;

(ii) the date by which the rate is due and payable and the manner in which it is to be paid;

(iii) the address of the relevant property;

(iv) the valuation of the relevant property;

(v) any other information considered necessary by the rating authority.

(6) A rates bill under this section shall be addressed to the liable person or subsequent liable person concerned by name and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner;

(e) in such other way as may be prescribed.

(7) Where the name of the liable person or subsequent liable person concerned cannot be ascertained by reasonable inquiry, a rates bill under this section may be addressed—

(a) to ‘the occupier’, ‘the owner’ or ‘the person liable to pay the rates bill’, as appropriate, or

(b) in such other way as may be prescribed.

(8) A rate levied under this section shall be payable by a liable person or subsequent liable person in such manner and in respect of such period or periods as the rating authority concerned shall determine.

(9) Where—

(a) the valuation of a relevant property on the existing valuation list or the valuation list is amended pursuant to section 28 or 38 of the Act of 2001,

(b) a new relevant property is included on the existing valuation list or the valuation list on foot of a valuation carried out pursuant to section 28 or 38 of the Act of 2001, or

(c) a relevant property is excluded from the existing valuation list or the valuation list pursuant to section 28 or 38 of the Act 2001,

the rating authority may amend the amount of the rate calculated under subsection (2) or levy a rate, or both, as appropriate, in respect of the relevant properties and specify the date (determined as prescribed) on and after which such amendment shall take effect.

(10) For the purposes of this section, a company registered under the Companies Act 2014, or an existing company within the meaning of that Act, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(11) In this section—

‘Act of 2001’ means the Valuation Act 2001;

‘existing valuation list’ has the same meaning as it has in the Act of 2001;

‘subsequent liable person’ means a subsequent liable person referred to in subsection (4)(b);

‘valuation list’ has the same meaning as it has in the Act of 2001.”.

264. Rate book

264. The Act of 2019 is amended by the substitution of the following section for section 5:

“5. (1) The contents of a rate book prepared by a local authority may be stored electronically.

(2) A book referred to in section 65 of the Poor Relief (Ireland) Act 1838 shall be deemed to be a rate book referred to in subsection (1) (in this subsection referred to as a ‘deemed rate book’) and, where the deemed rate book is stored electronically, that shall be deemed to satisfy the requirements of that section in respect of the deemed rate book and notwithstanding any specific such requirements.”.

265. Amendment of section 9 of Act of 2019

265. Section 9 of the Act of 2019 is amended—

(a) in subsection (3)(b), by the deletion of “rateable”, and

(b) by the deletion of subsection (10).

266. Amendment of section 10 of Act of 2019

266. Section 10 of the Act of 2019 is amended—

(a) in subsection (1), by the insertion of “(which may consist of more than one database)” after “database of information”,

(b) in subsection (2) —

(i) by the insertion of the following paragraph after paragraph (a):

“(aa) if the relevant property is unoccupied, if known, the name of the person who is for the time being entitled to occupy the relevant property;”,

and

(ii) in paragraph (d), by the insertion of “to the extent known,” before “the nature”,

and

“(2A) (a) A liable person in respect of a relevant property shall, upon becoming aware that any particular entered in the database in respect of him or her or the relevant property is incorrect or has ceased to be correct, not later than 10 working days after becoming so aware, give notice in writing of that incorrection or cessation of correction, as the case may be, to the local authority together with such other (as is reasonable in all the circumstances of the case) information in respect thereof as will enable the local authority to perform its function under subsection (3) in respect of that particular.

(b) A liable person who, without reasonable excuse, contravenes paragraph (a) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.”.

267. Duty on person to notify local authority of ceasing to be or becoming liable person, etc.

267. The Act of 2019 is amended by the substitution of the following section for section 11:

“11. (1) Where a person (in this subsection referred to as the ‘person concerned’)—

(a) ceases to be a liable person in respect of a relevant property,

(b) becomes a liable person in respect of a relevant property, or

(i) ceasing to fall within paragraph (a)(i) of subsection (4) of section 4 but falling within paragraph (a)(ii) of that subsection in respect of such property, or

(ii) ceasing to fall within paragraph (a)(ii) of subsection (4) of section 4 but falling within paragraph (a)(i) of that subsection in respect of such property,

the person concerned (or such other person as the person concerned has authorised in writing to act on his or her behalf for the purposes of this subsection) shall, not later than 10 working days after the date on which the person concerned falls within paragraph (a), (b) or (c), as the case may be, give notice in writing of that fact (and, where the person concerned falls within paragraph (a), particulars known (if any) to the person concerned of the name and address of any person who has become a liable person in respect of the relevant property upon the person concerned ceasing to be a liable person in respect of the relevant property) to the rating authority concerned and in the notice specify that date and the relevant property.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.

(3) The Minister may make regulations for the purposes of specifying the information or documents (or copies of documents) which shall accompany a notice under subsection (1) or a notice under that subsection which falls within a class of such notices specified in the regulations.”.

268. Amendment of section 12 of Act of 2019

268. Section 12(2) of the Act of 2019 is amended by the substitution of “the prescribed rate or, if no rate is prescribed, the rate of 0.0219 per cent” for “the rate of 0.0219 per cent”.

269. Payment of rates on sale of property

269. The Act of 2019 is amended by the substitution of the following section for section 13:

“13. (1) The liable person in respect of a relevant property who proposes to sell the property shall, before the completion of the sale, pay to the local authority concerned any rates imposed under this Act and accrued interest which is due and payable in respect of that property—

(a) for the period up to and including the day immediately before such completion, and

(b) for which the person is liable in the person’s capacity as a liable person.

(2) The local authority concerned shall, not later than 10 working days after an application in writing being made to it for the purpose by a liable person referred to in subsection (1) or a person acting on behalf of the liable person in connection with the sale of the relevant property referred to in that subsection, provide, in such form and manner as may be prescribed, the applicant with, as appropriate—

(a) confirmation of any unpaid rates and accrued interest referred to in that subsection at the expected date of the completion of the sale of the property, or

(b) confirmation that there are no outstanding amounts payable by that liable person.

(3) A liable person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

(4) In this section, ‘sale’ includes, in relation to a relevant property, the transfer of the property by its owner or any trustee or personal representative of the owner to another person—

(a) in consequence of—

(i) the exercise of a power under any enactment to compulsorily acquire land, or

(ii) the giving of notice of intention to exercise such power,

(b) for no consideration or consideration which is significantly less than the market value of the property at the time of its transfer.”.

270. Amendment of section 14 of Act of 2019

270. Section 14 of the Act of 2019 is amended—

(a) in subsection (1) —

(i) by the substitution of “Subject to subsection (2A), any” for “Any”, and

(ii) by the insertion of “in the owner’s capacity as a liable person” after “owner of the relevant property”,

(b) in subsection (2), by the substitution of “Subject to subsection (2A), notwithstanding” for “Notwithstanding”, and

“(2A) Subsection (1) shall cease to apply to a relevant property where the property is sold such that the liable person referred to in that subsection ceases to be the owner of the property.”.

271. Amendment of section 17 of Act of 2019

271. Section 17 of the Act of 2019 is amended—

(a) in subsection (1)(a), by the substitution of “subsection (2)” for “subsection (3)”,

(b) in subsection (2), by the insertion of “or property other than a relevant property” after “dwelling”, and

(i) by the insertion of “, or property other than a relevant property,” after “held at any dwelling,”,

(ii) by the insertion of “, or such property, as the case may be,” after “the dwelling”, and

(iii) by the insertion of “as if such dwelling (if it is not a relevant property) or property were a relevant property” after “under this section”.

272. Construction of sections 65 and 106 of Poor Relief (Ireland) Act 1838

272. The Act of 2019 is amended by the insertion of the following section after section 19:

“19A. With effect on and after the commencement of section 272 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(a) the reference to ‘such rate’ in section 65 of the Poor Relief (Ireland) Act 1838 shall be construed not as a reference to a rate made under that Act but as a reference to a rate within the meaning of this Act and the other provisions of the Poor Relief (Ireland) Act 1838 shall, with all necessary modifications, be construed accordingly, and

(b) the reference to ‘this Act’ in section 106 of the Poor Relief (Ireland) Act 1838 shall be construed not as a reference to that Act but as a reference to this Act and the other provisions of the Poor Relief (Ireland) Act 1838 shall, with all necessary modifications, be construed accordingly.”.

273. Amendment of section 21 of Act of 2019

273. Section 21 of the Act of 2019 is amended by the deletion of paragraph (a).

274. Amendment of Schedule to Act of 2019

274. The Schedule to the Act of 2019 is amended by the insertion of the following reference after reference number 9:

“

”.

Chapter 8

275. Definition

275. In this Chapter, “Act of 2021” means the Maritime Area Planning Act 2021.

276. Amendment of section 3 of Act of 2021

276. Section 3(1)(d) of the Act of 2021 is amended by the insertion of “as construed in accordance with the Act of 2021” after “continental shelf”.

277. Amendment of section 75 of Act of 2021

277. Section 75 of the Act of 2021 is amended—

(a) in subsection (1), by the insertion of “and sections 75A and 76A” after “subsection (4) ”, and

(b) by the substitution of the following subsection for subsection (4):

“(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.”.

278. When MAC is required after grant of certain development permission

278. The Act of 2021 is amended by the insertion of the following section after section 75:

“75A. (1) Subject to subsections (2) and (3), where development permission has been granted, on or before 17 July 2023, for a proposed maritime usage in a part of the maritime area, a person shall not undertake such usage 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) Subsection (1) shall not apply to a proposed maritime usage referred to in that subsection that is the subject of—

(a) a lease made under section 2 of the Act of 1933 that authorises the lessee to do, for the purposes of such usage, one or more than one of the acts referred to in that section, or

(b) a licence granted under section 3 of the Act that authorises the licensee to do, for the purposes of such usage, one or more than one of the acts referred to in that section.

(3) An application under section 79(1) for the grant of a MAC for the purposes of the undertaking of the proposed maritime usage referred to in subsection (1) shall be made before 17 July 2024.”.

279. Amendment of section 76 of Act of 2021

279. Section 76(1) of the Act of 2021 is amended by the insertion of “and section 76A” after “subsection (4) ”.

280. When MAC is not required

280. The Act of 2021 is amended by the insertion of the following section after section 76:

“76A. Neither section 75 nor section 76 shall apply for a maritime usage in a part of the maritime area consisting of development (including the laying of cables or pipelines or both) authorised by—

(a) a lease made under section 2 of the Act of 1933 pursuant to an application for such lease made under that Act before the establishment day, or

(b) a licence granted under section 3 of the Act of 1933 pursuant to an application for such licence made under that Act before the establishment day.”.

281. Amendment of section 144 of Act of 2021

281. Section 144(1) of the Act of 2021 is amended by the insertion of “section 144A and” after “Subject to”.

282. Disapplication of section 144(1)(a) or (b) of Act of 2021 in specified circumstances

282. The Act of 2021 is amended by the insertion of the following section after section 144:

“144A. (1) Subject to subsections (4), (6), (8) and (9), the relevant event shall not terminate the relevant authorisation until the expiration of the relevant period.

(2) The MARA may, at any time during the relevant period, by notice in writing given to the relevant person, require the person to submit a return, in the specified form and within such period as is specified in the notice (being a period reasonable in all the circumstances of the case), to the MARA on the person’s prospects of finding a proposed assignee within the relevant period.

(3) The relevant person who is given a notice under subsection (2) shall comply with the notice.

(4) Where—

(a) the relevant person who was given a notice under subsection (2) fails to comply with the notice, or

(b) the MARA, having considered a return submitted to it by the relevant person pursuant to a notice under subsection (2), is satisfied that there is no reasonable prospect of the person finding a proposed assignee within the relevant period,

the MARA shall, by notice published on its website, disapply subsection (1) to the relevant authorisation (and subsection (5) of section 144 applies accordingly in respect of the termination of the authorisation).

(5) The relevant person may, by notice in the specified form, request the MARA to extend or further extend the relevant period on the grounds specified in the notice.

(6) The MARA, after having considered a notice given to it by the relevant person pursuant to subsection (5), shall—

(a) if it is satisfied that there is a reasonable prospect of the person finding a proposed assignee within the relevant period as extended or further extended for such period as the MARA thinks reasonable in all the circumstances of the case, by notice in writing given to the person, extend or further extend the relevant period for such period as is specified in the notice, or

(b) if not so satisfied, by notice in writing given to the person refuse to extend or further extend the relevant period.

(7) For the purposes of this section, the references to ‘holder’ and ‘proposed assigner’ in section 85 may be construed as references to the relevant person.

(8) Where, before the expiration of the relevant period, an application is made under section 85 for the assignment of the relevant authorisation, the relevant period shall not expire until the determination of the application.

(9) Where the relevant authorisation is assigned to the proposed assignee pursuant to the determination of an application under section 85, the relevant event shall not apply to the authorisation but without prejudice to any future application of section 144 to the authorisation.

(10) In this section—

‘proposed assignee’ shall be construed in accordance with section 85;

‘relevant authorisation’ means a relevant authorisation which is a MAC in respect of which an event which falls within section 144(1)(a) or (b) has occurred in respect of the holder of the authorisation;

‘relevant event’, in relation to the relevant authorisation, means the event referred to in the definition of ‘relevant authorisation’;

‘relevant person’, in relation to the relevant authorisation, means—

(a) the holder of the authorisation,

(b) a secured party, or

‘relevant period’, in relation to the relevant authorisation, means the following:

(a) subject to paragraph (b), the period of 90 days commencing on the day immediately following the day on which the relevant event occurs;

(b) that 90 days as extended or by virtue of subsection (6)(a) or (8);

‘security interest’ means any mortgage, charge, pledge, lien or other security interest securing any obligation of any person or any agreement or other arrangement having a similar effect;

‘secured party’, in relation to a relevant authorisation, means a person—

(a) in whose favour a security interest has been created over—

(i) the maritime usage the subject of the authorisation, or

(ii) the shares (if any) of the holder of the authorisation,

(b) who has, pursuant to an agreement in writing, been afforded rights to step in to the interest that the holder of the authorisation has in the maritime usage the subject of the authorisation,

and whether or not the person is acting for the person’s own benefit or as agent, security agent, security trustee or otherwise for the first-mentioned person or another person, and includes any transferee of, or purchaser from, the first-mentioned person or nominee or novatee of the holder of the authorisation or of the first-mentioned person.”.

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