Section 11: Powers of the High Court on an application under section 10
This section sets out the powers of the High Court when hearing a challenge to the validity of a marine plan (and amendments).
Subsection (2) enables the High Court to make an interim order suspending the operation of all or part of the marine plan (or amendment) generally or in relation to a particular area until the legal proceedings are over.
Subsection (3) sets out the conditions which must be satisfied before the High Court may grant any of the remedies set out in subsection (4). The High Court must be satisfied either that the marine plan (or amendment) is outside or beyond the appropriate powers or that the applicant has been substantially prejudiced by a failure to meet a procedural requirement.
If the High Court is satisfied that one of the conditions in subsection (3) has been met, subsection (4) enables it to quash the marine plan (or amendment) or remit it to the Department.
Where the High Court remits the plan (or amendment) to the Department, subsections (5) and (6) then enable the High Court to give directions relating to whether the marine plan (or amendment) should be treated as not having been adopted or published, relating to whether procedural or other steps should be treated as having been taken or as not having been taken, or requiring action by the Department. This means that whatever was wrong with the document can be put right, without necessarily having to start the whole preparation process from the beginning.
Subsection (7) provides that the High Court is able to quash or remit the whole or only parts of a marine plan or amendment.
