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Part 2 · Amendments Relating to Regulation of Marine Services and Maritime Devices

21. Saving and transitional provisions for Part 2

(1)

Subsections (2) to (7) apply to each public licence under Part 12 of the MPA Act (called in this section an existing licence) that —

(a)

was granted or renewed before the commencement date;

(b)

remains in force immediately before that date; and

(c)

authorises the licensee to provide a service that is specified as a regulated service in the Fourth Schedule to the MPA Act as in force on that date.

(2)

Part 12 of the MPA Act as in force on or after the commencement date applies to each existing licence as if the existing licence were a licence granted or renewed under section 84B of the MPA Act to provide the regulated service that corresponds to the service authorised by the existing licence for the period the existing licence had been granted or renewed.

(3)

The conditions of an existing licence continue to apply on or after the commencement date as if they were conditions imposed under section 84E of the MPA Act, so far as the conditions are not inconsistent with that section.

(4)

If —

(a)

a direction is given to the holder of an existing licence pursuant to the condition mentioned in section 81(4)(d) of the MPA Act (as in force immediately before the commencement date); and

(b)

the direction is in force immediately before the commencement date,that direction continues to apply on or after the commencement date as if it were a direction given under section 85D(1) of the MPA Act, so far as the direction is not inconsistent with that section.

(5)

If —

(a)

a direction is given to the holder of an existing licence for or with respect to standards of performance and procedures under section 85(1) of the MPA Act (as in force before the commencement date); and

(b)

the direction is in force immediately before the commencement date,those standards of performance and procedures continue to apply on or after the commencement date as if they were standards of performance issued or adopted under section 85C(1) of the MPA Act, so far as the standards of performance are not inconsistent with that section.

(6)

If —

(a)

before the commencement date, an application is made to the Authority under section 81 of the MPA Act (as in force before the commencement date) for or to renew a licence to provide any marine service or facility or any port service or facility; and

(b)

immediately before the commencement date, the application is pending before the Authority,then on or after the commencement date, the application is treated as an application under section 84 of the MPA Act as in force on the commencement date.

(7)

If —

(a)

before the commencement date, an appeal is made to the Minister under section 81(10) or 84(2) of the MPA Act (as in force before the commencement date); and

(b)

immediately before the commencement date, the appeal is pending before the Minister,then on or after the commencement date, the appeal is treated as an appeal made under section 85I of the MPA Act as in force on the commencement date.

(8)

The amount of the fees payable in respect of a licence under Part 12 of the MPA Act on or after the commencement date may be determined (as the case may be) under section 27(4) of the MPA Act or, despite section 16, as if section 81(4)(c) of the MPA Act as in force immediately before the commencement date applies to such a licence.

(9)

In this section, “commencement date” means the date of commencement of section 16.

Part 3

Amendments Relating to Port Expansion and Development

Part 4

Amendments Relating to Remote Pilotage and Operations

Part 5

Amendments Relating to Powers, Offences, Service and Other Matters

Part 6

Miscellaneous Provisions

Schedules