Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes › Section VII-101 - Statutory Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section
				3101(A) of Louisiana Act 444 of 1972, as amended by Act 358 of 1974
				(hereinafter called the "Act"), states that one of its objects and purposes is
				to "license, regulate, (and) supervise offshore terminal facilities within the
				jurisdiction" of the authority in order to promote the economic welfare of the
				citizens of Louisiana.
B.Section
				3101(B)(6) of the Act states that a purpose of the authority is to "assert and
				protect Louisiana's economic, social and environmental interest in the
				development of any offshore terminal facilities outside the state of Louisiana
				where such development may have an impact upon the state of
				Louisiana."
C.Section 3103(A) of
				the Act provides that "the authority shall have exclusive jurisdiction over the
				authority development program within the coastal waters of Louisiana, the areas
				of the state extending seaward thereof to the extent of the state's rights
				thereto, and over such other waters, water bottoms, wetlands and lands within
				the territorial boundaries of the state necessary to effectuate the purposes"
				of the Act.
D.Section 3103(C) of
				the Act grants the authority "exclusive power to own, operate, license or
				otherwise regulate all offshore terminal facilities within its
				jurisdiction."
E.Section 3109(A)(4)
				empowers the authority to "take such actions, promulgate such rules and
				regulations, and issue such orders, as necessary or appropriate" to carry out
				the provisions of the Act.
F.Section 3109(A)(6) of the Act empowers the
				authority "to issue licenses, certificates and permits for the construction of
				facilities or use of services or facilities subject to the authority's
				jurisdiction, pursuant to the rules and regulations promulgated by the
				authority."
G.Section 3109(C)(6) of
				the Act empowers the authority "to collect tolls and fees."
H.Section 3109(G) of the Act gives the
				authority "exclusive and plenary power to issue licenses, certificates and
				permits, and otherwise regulate all phases of the construction and operation by
				any person of offshore terminal facilities within the jurisdiction of the
				authority."
I.Section 3114(A) of
				the Act prohibits any person from constructing or operating, or causing to be
				constructed or operated, offshore terminal facilities within the jurisdiction
				of the authority without first obtaining a license or other appropriate
				authorization from the authority.
J.Section 3114(B) of the Act provides that a
				license shall issue only if the authority finds that the applicant "is
				qualified, and that the facilities or operations conform to the provisions" of
				the Act and "the rules and regulations of the authority and will be consistent
				with the public interest" declared in the Act. It is further provided that any
				license so issued or transferred "shall be subject to and contain such
				reasonable conditions as necessary to carry out the purposes" of the
				Act.
K.Section 3114(C) of the Act
				directs the authority to establish qualifications for applicants, including
				evidence of financial responsibility, as will insure an applicant's ability to
				comply with the Act and the rules and regulations of the authority.
L.Section 3114(D) of the Act empowers the
				authority to establish the procedures for submission of applications for the
				issuance of licenses and shall determine what information must be submitted by
				the applicant. The authority is further authorized to "impose reasonable filing
				fees and may require the applicant to reimburse the authority for all expenses
				incurred in processing the application."
M.Section 3114(E) of the Act provides that
				the authority "shall determine the length of timing during which a license
				shall be valid, and the conditions upon which it may be revoked." It is also
				provided that licenses "may be revoked, suspended, annulled or withdrawn in
				accordance with the procedures set forth in the Louisiana Administrative
				Procedure Act."
N.Section 3116 of
				the Act provides that it is the policy of the Act that the authority
				development program be pursued so that there is "full coordination and
				cooperation between agencies and groups that have complementing or overlapping
				interest and the authority."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:3101 et
				  seq.