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Maritime Area Planning Act 2021

In short

This law establishes a new framework for planning and regulating activities in Ireland's maritime area, creating a new authority to manage these activities. It aims to ensure proper planning, environmental protection, and legal oversight for all maritime uses.

What it regulates

Who it concerns

Key points

Legal text

Maritime Area Planning Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Maritime Area Planning Act 2021 Maritime Area Planning Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 50 of 2021 MARITIME AREA PLANNING ACT 2021 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citations, construction and commencement 2. Interpretation - general 3. Application 4. Legal acts of European Union given effect to by this Act 5. Nearshore areas of CPAs 6. Marine planning policy statement 7. Ministerial guidelines 8. Ministerial policy directives 9. Limitation on ministerial powers 10. Regulations, etc. 11. Expenses 12. Repeals and revocations PART 2 Maritime Spatial Plans and Designated Maritime Area Plans Chapter 1 Interpretation and application 13. Interpretation - Part 2 14. Application of Part 2, etc. Chapter 2 Maritime spatial plans 15. Designation of competent authority for purposes of MSP Directive 16. Maritime spatial plans 17. Requirements of maritime spatial planning 18. Public participation on MSPs 19. Laying of MSPs before each House of Oireachtas Chapter 3 Designated maritime area plans 20. Designation of public bodies who may make DMAPs 21. Proposals for DMAPs 22. Draft DMAPs, etc. 23. Public participation on DMAPs 24. Minister and draft DMAP 25. Laying of DMAPs before each House of Oireachtas 26. Reviews of DMAPs, etc. Chapter 4 Laying of certain DMAPs before CPAs 27. Laying of certain DMAPs before CPAs Chapter 5 Amendment of MSPs and DMAPs 28. Amendment of MSPs and DMAPs Chapter 6 Competent authority (M) and DMAPs 29. Competent authority (M) may make DMAPs Chapter 7 Public bodies and National Marine Planning Framework 30. Compliance by public bodies 31. Directions of Minister 32. Steps preliminary to deciding whether or not to issue direction under section 31 Chapter 8 Appropriate assessment and strategic environmental assessment 33. Appropriate assessment and strategic environmental assessment Chapter 9 Maritime Authorisation Database 34. Definitions - Chapter 9 35. Establishment of Maritime Authorisation Database 36. Data to which Database applies, etc. 37. Correction of Database 38. General power of Minister to obtain information relating to maritime area 39. Delegation by Minister to MARA PART 3 Maritime Area Regulatory Authority Chapter 1 Definitions and establishment day 40. Definitions - Part 3 41. Establishment day Chapter 2 Establishment and functions of Maritime Area Regulatory Authority 42. Establishment of Maritime Area Regulatory Authority 43. Functions of MARA 44. Matters to which MARA shall have regard in performing functions Chapter 3 Board of MARA 45. Establishment and membership of board of MARA 46. Casual vacancies 47. Functions of Board (M) 48. Membership of either House of Oireachtas or European Parliament, etc. 49. Removal of member of Board (M) 50. Potential conflicts of interest 51. Removal of all members of Board (M) 52. Meetings of Board (M) 53. Committees of Board (M) 54. Ineligibility of holders, etc., for appointment as member 55. Remuneration and expenses of members of Board (M) and committees Chapter 4 Chief executive officer of MARA 56. Appointment of chief executive officer 57. Resignation, removal or disqualification of chief executive officer 58. Functions of chief executive officer 59. Delegation of functions 60. Accountability of chief executive officer to committees of Houses of Oireachtas 61. Appearance of chief executive officer before Committee of Public Accounts 62. Membership of either House of Oireachtas or European Parliament 63. Acting chief executive officer Chapter 5 Staff of MARA and other resources available to MARA 64. Staff of MARA, etc. Chapter 6 Co-operation 65. Provision for co-operation between MARA and public bodies Chapter 7 Corporate strategy, accounts and annual reports of MARA 66. Corporate strategy of MARA 67. Accounts of MARA 68. Annual report of MARA Chapter 8 Miscellaneous 69. Duty of MARA to give information 70. Disclosure of confidential information 71. Processing of personal data 72. Powers to specify form of document 73. Immunity from suit PART 4 Maritime Area Consent Chapter 1 Interpretation 74. Interpretation - Part 4 Chapter 2 When MAC is required, etc. 75. When MAC is required prior to seeking development permission, etc. 76. When MAC is required but not development permission, etc. 77. Application for declaration as to whether or not MAC is required, etc. 78. Fees for certain applications Chapter 3 Grant or refusal of MAC and related matters 79. Application for grant of MAC 80. Criteria to which MARA shall have regard in determining MAC application 81. Grant or refusal of MAC 82. Conditions attached to MAC 83. Provisions supplementary to grant of MAC 84. Notification of grant or refusal of MAC, etc. Chapter 4 Assignment or amendment of MAC 85. Assignment of MAC 86. Material amendment to MAC 87. Provisions to ensure consistency between MAC and planning permission Chapter 5 Surrender of MAC 88. Surrender of MAC 89. Determination of application under section 88 Chapter 6 Certain persons who are not individuals may be declared fit and proper 90. MARA may declare person, etc., who is not individual to be fit and proper person Chapter 7 Levies 91. Definition 92. Levy framework 93. Competitive process 94. When levy framework applies to MAC Chapter 8 Rehabilitation of maritime area and emergency works 95. Definitions - Chapter 8 96. Obligations on holder of MAC in relation to rehabilitation of maritime area 97. Power of MARA to require holder of MAC to make application under section 86 98. Emergency works in maritime area Chapter 9 Privately owned part of maritime area 99. Privately owned part of maritime area, etc. Chapter 10 Special MAC cases 100. Definitions - Chapter 10 101. Relevant maritime usages and MACs before establishment day 102. Provisions supplementary to section 101 103. Certain MSPs and DMAPs and MACs after establishment day Chapter 11 Keeping of records, etc. 104. Keeping of records and samples, etc., by holder of MAC Chapter 12 Transitional provisions - foreshore authorisations, unauthorised usages and MACs 105. Transitional provisions for certain foreshore authorisations 106. Transitional provisions for certain unauthorised maritime usages Chapter 13 Judicial review and MACs 107. Judicial review of matters relating to MAC applications or MACs 108. Provisions supplementary to section 107 109. Judicial review does not prevent applications for development permission PART 5 Licences authorising certain maritime usages in Maritime Area Chapter 1 Interpretation, application and competent authority 110. Interpretation - Part 5 111. Application 112. Competent authority Chapter 2 Grant or refusal of licence and related matters 113. Prohibition against undertaking certain maritime usages in maritime area without licence 114. Exempted usage 115. Application for declaration as to whether or not licence is required, etc. 116. Fees for licences 117. Application for grant of licence 118. Provisions supplementary to section 117 119. Grant or refusal of licence 120. Conditions attached to licence 121. Provisions supplementary to grant of licence 122. Notification of grant or refusal of licence, etc. Chapter 3 Compensation for exercise of relevant power 123. Compensation for exercise of relevant power Chapter 4 Assignment or amendment of licence 124. Assignment of licence 125. Material amendment to licence Chapter 5 Surrender of licence 126. Surrender of licence 127. Determination of application under section 126 Chapter 6 Keeping of records, etc. 128. Keeping of records and samples, etc., by holder of licence Chapter 7 Transitional provisions - foreshore authorisations, unauthorised usages and licences 129. Transitional provisions for certain foreshore authorisations 130. Transitional provisions for certain unauthorised maritime usages Chapter 8 Judicial review and licences 131. Judicial review of matters relating to licence applications or licences 132. Provisions supplementary to section 131 133. Costs in environmental matters PART 6 Enforcement Chapter 1 Interpretation, application and material change of circumstances 134. Interpretation 135. Application 136. Material change of circumstances Chapter 2 Appointment and powers of authorised officers 137. Authorised officers of MARA 138. Powers of authorised officers 139. Privileged legal material Chapter 3 Enforcement notices 140. Circuit Court’s jurisdiction under this Chapter 141. Issue of enforcement notices 142. Application for cancellation of direction specified in enforcement notice, etc. 143. Rules of court Chapter 4 Automatic termination of relevant authorisation 144. Automatic termination of relevant authorisation Chapter 5 Immediate suspension of relevant authorisation, investigations and sanctions 145. Circumstances in which application may be made to High Court for immediate suspension of relevant authorisation, etc. 146. Investigations 147. Actions to be taken by authorised officer and MARA upon completion of investigation 148. Confirmation of High Court required before decision under section 147

(4)(a) to impose major sanction takes effect
  1. Appeal to High Court against decision to impose major sanction
  2. Application to High Court to confirm decision to impose major sanction
  3. Provisions supplementary to sections 149 and 150
  4. Matters to be considered in determining sanctions to be imposed
  5. Protection for persons reporting alleged relevant ground, etc. Chapter 6 Provisions supplementary to Chapters 4 and 5
  6. Effect of termination or revocation of relevant authorisation
  7. Effect of suspension of relevant authorisation
  8. Notice of revocation or suspension of relevant authorisation to be given to certain bodies
  9. No fee, etc., refundable following termination, revocation or suspension of relevant authorisation, etc. Chapter 7 Offences and related provisions
  10. Offences - general
  11. False or misleading information
  12. Obstruction
  13. Evidentiary presumptions
  14. Offences by bodies corporate
  15. Vicarious liability
  16. Summary proceedings
  17. Time limit for offences that may only be brought by summary proceedings
  18. Costs of prosecutions PART 7 Miscellaneous
  19. Definition
  20. Disposal of relevant moneys
  21. Recovery of relevant moneys
  22. Ways of giving notice, etc. PART 8 Amendment of Planning and Development Act 2000
  23. Development in maritime area
  24. Classes of development to which Chapter III of Part XXI of Act of 2000 applies
  25. Relevant provisions for purposes of sections 309, 312 and 313 of Act of 2000
  26. Amendment of certain other provisions of Act of 2000 PART 9 Consequential Amendments Chapter 1 Amendment of Foreshore Act 1933
  27. Application - Act of 1933 and Maritime Area Planning Act 2021
  28. Amendment of section 10 of Act of 1933
  29. Amendment of section 11 of Act of 1933
  30. Amendment of section 12 of Act of 1933
  31. Amendment of section 13 of Act of 1933
  32. Environmental impact assessments - special cases
  33. Amendment of section 18A of Act of 1933 Chapter 2 Amendment of Registration of Title Act 1964
  34. Amendment of section 125 of Registration of Title Act 1964 Chapter 3 Amendment of Foreshore (Amendment) Act 1992
  35. Definition
  36. Application - Act of 1992 and Maritime Area Planning Act 2021
  37. Amendment of section 5 of Act of 1992
  38. Amendment of section 6 of Act of 1992 Chapter 4 Amendment of Electricity Regulation Act 1999
  39. Definition - Chapter 4
  40. Amendment of section 2 of Act of 1999
  41. Amendment of section 14 of Act of 1999
  42. Amendment of section 37 of Act of 1999 SCHEDULE Maritime Spatial Planning Directive SCHEDULE 2 Fit and Proper Person SCHEDULE 3 Proposed maritime usages to which section 75
(1)shall not apply SCHEDULE 4 Proposed maritime usages to which section 76
(1)shall not apply SCHEDULE 5 Criteria that MARA shall have regard to in determining MAC application SCHEDULE 6 Types of conditions that MARA may attach to MAC or that are deemed to be attached to MAC PART 1 Types of conditions MARA may attach to MAC PART 2 Conditions deemed to be attached to MAC SCHEDULE 7 Maritime Usages which may be undertaken in Maritime Area pursuant to Licence SCHEDULE 8 Types of conditions that MARA may attach to Licence SCHEDULE 9 Redress for Contravention of section 153
(5)SCHEDULE 10 Insertion of Eighth Schedule of Act of 2000 SCHEDULE 11 Insertion of Ninth Schedule of Act of 2000 SCHEDULE 12 Amendment of certain provisions of Act of 2000 Acts Referred to Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57) Arbitration Act 2010 (No. 1) Civil Service Commissioners Act 1956 (No. 45) Civil Service Regulation Acts 1956 to 2005 Companies Act 1963 (No. 33) Companies Act 1990 (No. 33) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Criminal Justice Act 1951 (No. 2) Dumping At Sea Act 1996 (No. 14) Electricity Regulation Act 1999 (No. 23) Electricity Regulation Acts 1999 to 2002 Environmental Protection Agency Act 1992 (No. 7) Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Fisheries (Amendment) Act 1997 (No. 23) Foreshore (Amendment) Act 1992 (No. 17) Foreshore Act 1933 (No. 12) Foreshore Acts 1933 to 2014 Gas Act 1976 (No. 30) Interpretation Act 2005 (No. 23) Land Law (Commission) Act 1923 (No. 27) Land Law Acts Local Government Act 2001 (No. 37) Maritime Jurisdiction Act 2021 (No. 28) Merchant Shipping (Commissioners of Irish Lights) Act 1997 (No. 37) Merchant Shipping Act 1894 (57 & 58 Vict., c. 60) Ministers and Secretaries (Amendment) Act 1939 (No. 36) National Monuments (Amendment) Act 1987 (No. 17) Petroleum and Other Minerals Development Act 1960 (No. 7) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) Planning and Development (Amendment) Act 2018 (No. 16) Planning and Development Act 2000 (No. 30) Planning and Development Acts 2000 to 2020 Protected Disclosures Act 2014 (No. 14) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Registration of Title Act 1964 (No. 16) Roads Act 1993 (No. 14) Standards in Public Office Act 2001 (No. 31) State Property Act 1954 (No. 25) Taxes Consolidation Act 1997 (No. 39) Unfair Dismissals Act 1977 (No. 10) Unfair Dismissals Acts 1977 to 2015 Workplace Relations Act 2015 (No. 16) Number 50 of 2021 MARITIME AREA PLANNING ACT 2021 An Act to regulate the maritime area, to achieve such regulation by means of a National Marine Planning Framework, maritime area consents for the occupation of the maritime area for the purposes of maritime usages that will be undertaken for undefined or relatively long periods of time (including any such usages which also require development permission under the Planning and Development Act 2000 ) and licences for the occupation of the maritime area for maritime usages that are minor or that will be undertaken for relatively short periods of time, to establish a body corporate, the Maritime Area Regulatory Authority, to grant, revoke and suspend such consents and licences, take administrative responsibility for foreshore authorisations and generally oversee the enforcement of this Act in so far as it relates to such consents and licences, to amend the Planning and Development Act 2000 to provide for how that Act will treat applications for development permission which must have a maritime area consent before being made and to provide for consequential amendments to other enactments; and to provide for related matters. [23rd December, 2021] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citations, construction and commencement 1.
(1)This Act may be cited as the Maritime Area Planning Act 2021.
(2)The Foreshore Acts 1933 to 2014 and Chapters 1 and 3 of Part 9 may be cited together as the Foreshore Acts 1933 to 2021 and shall be construed together as one.
(3)The Electricity Regulation Acts 1999 to 2002 and Chapter 4 of Part 9 may be cited together as the Electricity Regulation Acts 1999 to 2021 and shall be construed together as one.
(4)The Planning and Development Acts 2000 to 2020, Part 8 and Schedules 10 to 12 may be cited together as the Planning and Development Acts 2000 to 2021 and shall be construed together as one.
(5)Subject to subsection
(6), this Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.
(6)Chapters 1 and 3 of Part 9 shall come into operation on the establishment day. Interpretation - general 2.
(1)In this Act— “Act of 1933” means the Foreshore Act 1933 ; “Act of 1963” means the Companies Act 1963 ; “Act of 2000” means the Planning and Development Act 2000 ; “Act of 2001” means the Local Government Act 2001 ; “Act of 2014” means the Companies Act 2014 ; “Act of 2018” means the Planning and Development (Amendment) Act 2018 ; “Act of 2021” means the Maritime Jurisdiction Act 2021 ; “applicant”, in relation to an application under this Act, means the person who made the application; “appropriate assessment” shall be construed in accordance with, as appropriate— (a) section 177V of the Act of 2000, or (b) Part 5 of the European Communities (Birds and Natural Habitats) Regulations ( S.I. No. 477 of 2011 ); “authorised officer” means a person appointed under section 137
(1)to be an authorised officer; “Birds Directive” has the meaning assigned to it by the Act of 2000; “Board (P)” means An Bord Pleanála; “coastal planning authority” means the planning authority (within the meaning of section 2 of the Act of 2000) for any of the following: (
  1. a)the county of Louth, Meath, Fingal, Dun Laoghaire-Rathdown, Wicklow, Wexford, Carlow, Kilkenny, Tipperary, Cork, Kerry, Clare, Galway, Mayo, Sligo, Leitrim or Donegal; (
  2. b)the City of Dublin, Cork or Galway; (
  3. c)Waterford City and County or Limerick City and County; “company” means— (
  4. a)a company formed and registered under the Act of 2014, or (
  5. b)an existing company; “continental shelf” shall be construed in accordance with the Act of 2021; “Convention” has the meaning assigned to it by the Act of 2021; “CPA” means coastal planning authority; “designated maritime area plan” shall be construed in accordance with section 20
(1); “development” means development (other than exempted development within the meaning of the Act of 2000) within the meaning of Part XXI of the Act of 2000; “development permission”, in relation to any maritime usage which, if undertaken, would be development, means any permission (including any alteration thereto), within the meaning of section 2 of the Act of 2000, required under that Act in order for the undertaking of such usage to be lawful; “DMAP” means designated maritime area plan; “enactment” has the meaning assigned to it by the Interpretation Act 2005 ; “environmental impact assessment” has the meaning given to it by the Act of 2000; “Environmental Impact Assessment Directive” has the meaning assigned to it by the Act of 2000; “establishment day” means the day appointed under section 41 ; “existing company” has the meaning assigned to it by section 2 of the Act of 2014; “existing NMPF” means the marine spatial plans within the meaning of Part 5 of the Act of 2018 and known collectively, under that Part, as the National Marine Planning Framework; “foreshore” has the meaning assigned to it by the Act of 1933; “foreshore authorisation” means an authorisation (howsoever described) granted (or otherwise given) under section 2, 3, 10 or 13 of the Act of 1933 by the appropriate Minister, within the meaning of section 1B of that Act, who falls within paragraph (
  1. c)of such section 1B; “functional area”, in relation to a CPA, has the meaning assigned to it by the Act of 2000; “General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC2; “Habitats Directive” has the meaning assigned to it by the Act of 2000; “indemnity” includes, in addition to a contract of indemnity— (
  2. a)a contract of insurance, (
  3. b)a guarantee, (
  4. c)a surety, (
  5. d)a warranty, (
  6. e)a bond, or (
  7. f)a financial security prescribed, with the consent of the Minister for Public Expenditure and Reform, for the purposes of this paragraph; “levy” means a levy referred to in Chapter 7 of Part 4 ; “infrastructure” means any facility, structure or installation (or any part thereof) situated in the maritime area, and references in this Act to “proposed maritime usage” shall be construed to include any related proposed infrastructure; “licence” means a licence granted under section 119
(1)(a); “licence application” means an application under section 117
(1); “local authority” has the meaning assigned to it by the Act of 2001; “MAC” means maritime area consent; “MAC application” means an application under section 79
(1); “MARA” shall be construed in accordance with section 42
(1); “marine planning policy statement” shall be construed in accordance with section 6
(1); “maritime area” shall be construed in accordance with section 3 ; “maritime area consent” means consent under section 81
(1)(a); “maritime spatial plan” shall be construed in accordance with section 16
(1); “Maritime Spatial Planning Directive” means Directive 2014/89/EU of the European Parliament and of the Council of 23 July 20142 establishing a framework for maritime spatial planning (the text of which is set out, in the English language and for ease of reference, in Schedule 1 ); “maritime usage”, in relation to the maritime area, means any activity, operation, works or development undertaken in that area for any purpose (including conservation), and includes— (
  1. a)the construction or use, or both, of any infrastructure in that area associated with, or otherwise supporting, the activity, operation, works or development, and (
  2. b)the maintenance of such infrastructure, and references in this Act to “proposed maritime usage” shall be construed accordingly; “material change of circumstances” shall be construed in accordance with section 136 ; “Minister” means the Minister for Housing, Local Government and Heritage; “MSP” means maritime spatial plan; “MSP Directive” means the Maritime Spatial Planning Directive; “National Marine Planning Framework” means the following: (
  3. a)the existing NMPF— (
  4. i)as in force immediately before the coming into operation of Chapter 2 of Part 2 , and (
  5. ii)until it is replaced by the first MSP; (
  6. b)each MSP for the time being in force; (
  7. c)each DMAP for the time being in force; “national newspaper” means a newspaper published and circulating generally in the State, whether in hard copy or electronic copy, or both; “National Planning Framework” means the National Planning Framework referred to in Chapter IIA of Part II of the Act of 2000; “nearshore area”, in relation to a CPA, shall be construed in accordance with section 5 ; “obligations” includes liabilities; “Order 84” means Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ); “personal data” has the meaning it has in the General Data Protection Regulation; “powers” includes rights; “prescribed” means prescribed by regulations made by the Minister under this Act; “public body” means— (
  8. a)a Minister of the Government, (
  9. b)a local authority, (
  10. c)a body (other than a company) established by or under an enactment, (
  11. d)a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— (
  12. i)moneys provided, or loans made or guaranteed, by a Minister of the Government, or (
  13. ii)the issue of shares held by or on behalf of a Minister of the Government; “record” includes— (
  14. a)a book or other written or printed material in any form (including in any electronic device or in machine readable form), (
  15. b)a map, plan or drawing, (
  16. c)a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device, (
  17. d)a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and (
  18. e)a copy or part of any thing which falls within paragraph (a), (b), (
  19. c)or (d), and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record; “screening for appropriate assessment” shall be construed in accordance with, as appropriate— (
  20. a)section 177U of the Act of 2000, or (
  21. b)Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ); “sea” includes— (
  22. a)an area which is submerged at high water of ordinary or medium tides, (
  23. b)an estuary or arm of the sea, and (
  24. c)the tidal waters of a channel, creek, bay, river, canal, waterway or other watercourse; “seabed” means land under sea, and includes silts or other deposits lying on the land; “specified”— (
  25. a)in relation to a form, means specified under section 72 , and (
  26. b)in relation to a fee, means specified in regulations made under section 78 or 116 , as appropriate; “strategic environmental assessment” has the meaning assigned to it by section 2 of the Act of 2000; “submissions” include observations; “water” includes the water of rivers, streams, canals, waterways, ponds, lakes or any other form of watercourse or body of water or sea.
(2)A reference in this Act to an enactment (including this Act) includes a statutory instrument made under the enactment.
(3)A reference in this Act to a MAC includes— (
  1. a)the maritime usage the subject of the MAC, (
  2. b)the conditions attached, or deemed to be attached, to the MAC by virtue of section 82 , and (
  3. c)the rehabilitation schedule within the meaning of Chapter 8 of Part 4 .
(4)A reference in this Act to a licence includes— (
  1. a)the Schedule 7 usage (within the meaning of section 110 ) the subject of the licence, and (
  2. b)the conditions attached, or deemed to be attached, to the licence by virtue of section 120 .
(5)(
  1. a)A reference in this Act to a MAC for a maritime usage (howsoever expressed) shall be construed as a reference to the occupation of a specified part of the maritime area for the purposes of such usage. (
  2. b)A reference in this Act for a licence for a maritime usage (howsoever expressed) shall be construed as a reference to the occupation of a specified part of the maritime area for the purposes of such usage. Application 3. Subject to section 14 , this Act applies to that area of the State (in this Act referred to as the “maritime area”) extending from the high water of ordinary or medium tides of the sea to the outer limit of the continental shelf, and includes— (
  3. a)the sea and tidal areas of internal waters of the State as construed in accordance with the Act of 2021, (
  4. b)the territorial seas of the State as construed in accordance with the Act of 2021, (
  5. c)the exclusive economic zone as construed in accordance with the Act of 2021, and (
  6. d)the continental shelf. Legal acts of European Union given effect to by this Act 4. Effect or further effect, as the case may be, is given to by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act: Table Item No.
(1)Directive
(2)
  1. Habitats Directive.
  2. Directive 2001/42/EC of the European Parliament and Council of 27 June 20013 on the assessment of the effects of certain plans and programmes on the environment.
  3. Directive 2003/4/EC of the European Parliament and of the Council of 28 January 20034 on public access to environmental information and repealing Council Directive 90/313/EC.
  4. Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20035 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.
  5. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20086 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May
  7. Birds Directive.
  8. Environmental Impact Assessment Directive.
  9. Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20147 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.
  10. MSP Directive. Nearshore areas of CPAs 5.
(1)Subject to subsection
(2), where a part of the maritime area (which part is in this Act referred to as the “nearshore area”) meets all of the following requirements, that part shall, for the purposes of this Act, in so far as this Act relates to nearshore areas and CPAs, be the nearshore area of the CPA referred to in paragraph (a)(
  1. i)as if the boundaries between the nearshore area of that CPA and the adjoining nearshore area of another CPA were equidistant between the two of them as taken from the high water mark: (
  2. a)the part is contiguous to either or both of the following: (
  3. i)the functional area of a CPA; (
  4. ii)reclaimed land adjoining such functional area that does not form part of the functional area of another local authority; (
  5. b)the part is below the line of high water (in this section referred to as the “high water mark”) of ordinary or medium tides of— (
  6. i)the sea, (
  7. ii)every tidal river and tidal estuary, and (iii) every channel, creek and bay of— (I) the sea, and (II) every tidal river and tidal estuary; (
  8. c)the part does not extend further than— (
  9. i)the prescribed distance from the nearest point of the high water mark, or (
  10. ii)if no such distance is prescribed for the time being, three nautical miles from the nearest point of the high water mark.
(2)Subject to subsections
(3)to
(5), the Minister may, by order, vary the nearshore area of a CPA.
(3)(a) Subject to paragraph (b), an order under subsection
(2)shall specify the boundaries of the varied nearshore area, whether by reference to a map or otherwise. (
  1. b)Those boundaries shall— (
  2. i)have the high water mark as their baseline, and (
  3. ii)have their outer limit determined in accordance with subsection
(4).
(4)The Minister, in exercising his or her power under subsection
(2)in respect of the nearshore area and a CPA, shall, in so far as determining the boundaries of the varied nearshore area concerned, take into account the following: (a) the representations (if any) of the CPA given to the Minister pursuant to subsection
(5)(a); (b) the representations of members of the public given to the Minister pursuant to subsection
(5)(b); (
  1. c)the distance between the high water mark and the low water mark of the nearshore area; (
  2. d)the geography of the nearshore area, including islands, sandbars, sand spits, river mouths, bays and beaches; (
  3. e)practical matters relating to the boundaries of the CPA and the proposed boundaries of the varied nearshore area; (
  4. f)the practicability of the CPA effectively performing its functions under this Act in respect of the nearshore area as proposed to be varied.
(5)Where the Minister proposes to make, amend or revoke an order under this section, he or she shall— (
  1. a)give a copy of the proposed order to the CPA concerned and invite the CPA to make representations in writing thereon to the Minister, not later than six weeks after the CPA is given that copy, at an address (which may be an electronic address) specified in the copy, and (
  2. b)publish, in not less than one national newspaper, a notice— (
  3. i)stating that the Minister proposes to make, amend or revoke an order under this section, (
  4. ii)stating that a copy of the proposed order may be inspected on a website of the Government, and (iii) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of such publication), at an address (which may be an electronic address) specified in the notice. Marine planning policy statement 6.
(1)Subject to subsection s
(4)to
(10), the Minister shall from time to time prepare and publish in accordance with this section a statement (in this Act referred to as the “marine planning policy statement”) containing information setting out the principles and priorities of the Government in relation to maritime planning by the State in the maritime area for the period to which the statement relates.
(2)Where the Minister proposes to prepare a marine planning policy statement, he or she shall lay a draft of the statement, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof if required, before each House of the Oireachtas, and shall not prepare the statement until a resolution approving of the draft has been passed by each such House.
(3)The Minister shall, in the preparation of the marine planning policy statement, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection
(2).
(4)The Minister shall ensure that the first marine planning policy statement is prepared and published in accordance with this section not later than six months after the coming into operation of this section and relates to a period of not less than three years commencing on the date of the first publication of that statement.
(5)The Minister shall, in preparing the marine planning policy statement, have regard to the following: (
  1. a)the National Planning Framework; (
  2. b)the National Marine Planning Framework; (
  3. c)obligations of the State under the Convention and the Act of 2021; (
  4. d)the MSP Directive; (
  5. e)Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20088 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive); (
  6. f)the Habitats Directive; (
  7. g)the Birds Directive; (
  8. h)any current policy of the Government relating to maritime planning; (
  9. i)representations (if any) referred to in subsection
(10).
(6)The Minister shall cause a copy of the marine planning policy statement to be laid before each House of the Oireachtas as soon as is practicable after the statement has been prepared.
(7)The Minister shall— (
  1. a)publish, on a website of the Government, the marine planning policy statement as soon as is practicable after the statement has been prepared, and (
  2. b)otherwise publish or cause to be published, in such manner as he or she considers appropriate, that statement.
(8)A public body shall have regard to the maritime planning policy statement when performing a function under this Act to which information, setting out the principles and priorities of the Government referred to in subsection
(1), contained in the statement is relevant.
(9)The Minister may amend or revoke the maritime planning policy statement prepared under this section.
(10)Where the Minister proposes to prepare the marine planning policy statement or amend or revoke it, he or she shall publish, in not less than one national newspaper, a notice— (
  1. a)stating that the Minister proposes to prepare, amend or revoke a marine planning policy statement, (
  2. b)stating that a copy of the proposed statement, amendment or revocation may be inspected on a website of the Government, and (
  3. c)inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of publication), at an address (which may be an electronic address) specified in the notice. Ministerial guidelines 7.
(1)Subject to subsection
(8), the Minister may, at any time, prepare and issue marine planning guidelines to public bodies regarding any of their functions under this Act and public bodies shall have regard to those guidelines in the performance of their respective functions.
(2)Without prejudice to the generality of subsection
(1), and for the purposes of that subsection, a public body, in having regard to the guidelines issued by the Minister under that subsection, shall consider the policies and objectives of the Minister contained in the guidelines when performing a function under this Act to which the guidelines relate.
(3)Without prejudice to the generality of subsection
(1), guidelines under that subsection may contain specific marine planning policy requirements with which public bodies shall, in the performance of their respective functions under this Act, comply.
(4)The Minister may amend or revoke guidelines issued under this section.
(5)The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas as soon as is practicable after the guidelines have been prepared or, as appropriate, the amendment or revocation has been made.
(6)A public body shall make available for inspection by members of the public any guidelines issued to it under this section.
(7)The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.
(8)The Minister shall, in preparing guidelines under this section (including any amendment to such guidelines), have regard to the matters listed in section 6
(5)(a) to (i). Ministerial policy directives 8.
(1)Subject to subsection
(6), the Minister may, from time to time, prepare and issue policy directives to public bodies regarding any of their functions under this Act and the public bodies shall comply with any such directives in the performance of their respective functions.
(2)The Minister may amend or revoke a policy directive issued under this section.
(3)The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.
(4)A public body shall make available for inspection by members of the public any policy directive issued to it under this section.
(5)The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.
(6)The Minister shall, in preparing policy directives under this section (including amendments to such policy directives), have regard to the matters listed in section 6
(5)(a) to (i).
(7)Subsections
(3)to
(5)shall, with all necessary modifications, apply to an amendment made to, or a revocation of, a policy directive issued under this section as those subsections apply to a policy directive issued under this section. Limitation on ministerial powers 9.
(1)Subject to subsections
(2)and
(3), Parts 4 and 5 and Part XXI of the Act of 2000, the Minister shall not exercise any power or control in relation to— (
  1. a)any particular MAC application, MAC, or enforcement matter relating to a particular MAC, with which the MARA is either involved or could be involved, or (
  2. b)any particular licence application, licence, or enforcement matter relating to a particular licence, with which the MARA is either involved or could be involved.
(2)Subsection
(1)shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 ( S.I. No. 339 of 2020 ) or transferred (whether before or after the coming into operation of this section) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6
(1)of the Ministers and Secretaries (Amendment) Act 1939 .
(3)This section shall, with all necessary modifications, apply to a foreshore authorisation as it applies to a MAC or licence. Regulations, etc. 10.
(1)The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2)Regulations made under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3)Every order under section 5
(2)or 90
(1)or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses 11. Any expenses incurred by the Minister or the MARA in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Repeals and revocations 12.
(1)Sections 6, 7, 8, 9 and 17 of the Act of 1933 are repealed.
(2)Part XV of the Act of 2000 is repealed.
(3)Part 5 of the Act of 2018 is repealed.
(4)Each prohibitory order made under section 6 of the Act of 1933 is revoked.
(5)Each prohibitory notice made under section 7 of the Act of 1933 is revoked.
(6)(a) Notwithstanding subsection
(2), a permission granted under Part III of the Act of 2000 in relation to an application made— (
  1. i)pursuant to a requirement under section 225 of that Act, and (
  2. ii)before the commencement of that subsection, shall continue to have effect, and Part XV of the Act of 2000 shall continue to apply in relation thereto, as if that subsection had not been commenced. (
  3. b)Notwithstanding subsection
(2), Part XV of the Act of 2000 shall continue to apply in relation to an application for permission made under Part III of the Act of 2000— (
  1. i)pursuant to a requirement under section 225 of that Act, and (
  2. ii)before the commencement of that subsection, as if that subsection had not been commenced. (
  3. c)Notwithstanding subsection
(2)— (i) an approval granted under section 226 of the Act of 2000 in relation to an application made thereunder before the commencement of that subsection shall continue to have effect, and Part XV of the Act of 2000 shall continue to apply in relation thereto, as if subsection
(2)had not been commenced, and (ii) Part XV of the Act of 2000 shall continue to apply in relation to an application made before the commencement of that subsection for an approval under section 226 of the Act of 2000 as if subsection
(2)had not been commenced. PART 2 Maritime Spatial Plans and Designated Maritime Area Plans Chapter 1 Interpretation and application Interpretation - Part 2 13.
(1)In this Part— “competent authority (D)” shall be construed in accordance with section 20
(1); “competent authority (M)” shall be construed in accordance with section 15 ; “protected site” means a site within (whether in whole or in part) the maritime area that is afforded some form of protection under another enactment; “relevant proposal” shall be construed in accordance with section 21
(1).
(2)Unless the context otherwise requires, a word or expression that is used in this Part and is also used in the MSP Directive has the same meaning in this Part as it has in that Directive. Application of Part 2, etc. 14.
(1)This Part shall not apply to an area outside the maritime area (in this section referred to as an “outside area”) unless it is expressly stated that this Part applies to the outside area concerned.
(2)A public body performing any function under this Part shall, in the performance of that function, have regard to appropriate land-sea interactions with a view to promoting integration and coherence between any thing arising from such performance and any thing arising from the performance by a public body of a function under Part II of the Act of 2000.
(3)A public body performing any function under Part II of the Act of 2000 shall, in the performance of that function, have regard to appropriate land-sea interactions with a view to promoting integration and coherence between any thing arising from such performance and any thing arising from the performance by a public body of a function under this Part.
(4)This Part shall not apply to maritime usages that relate solely to defence or national security. Chapter 2 Maritime spatial plans Designation of competent authority for purposes of MSP Directive 15. The Minister shall be the competent authority (in this Part referred to as the “competent authority (M)”) for the purposes of the MSP Directive. Maritime spatial plans 16.
(1)The competent authority (M) shall, following the carrying out of a process of maritime spatial planning, prepare and publish on a website of the Government a plan (in this Act referred to as a “maritime spatial plan”) for the maritime area in accordance with this Part and the MSP Directive.
(2)The objectives of a MSP shall be— (
  1. a)to analyse and organise maritime usages in the maritime area for the purpose of achieving ecological, economic and social priorities, (
  2. b)to establish a national strategy for the Government in relation to the strategic planning and sustainable maritime usages in the maritime area, (
  3. c)to apply an ecosystem based approach for the purpose of supporting proper planning and sustainable maritime usages in the maritime area, and (
  4. d)to promote the coexistence of different types of maritime usages in the maritime area.
(3)The competent authority (M) may prepare— (
  1. a)one MSP for the whole of the maritime area, (
  2. b)different MSPs for different geographical or sectoral areas, or both, of the maritime area, or (
  3. c)a MSP referred to in paragraph (
  4. a)and different MSPs referred to in paragraph (b).
(4)The competent authority (M) shall, in the performance of his or her functions under this section— (
  1. a)give consideration to the matters specified in paragraph 1 of Article 5 of the MSP Directive, and (
  2. b)aim to contribute to the matters specified in paragraph 2 of Article 5 of the MSP Directive.
(5)A MSP shall identify the matters specified in paragraph 1 of Article 8 of the MSP Directive and the competent authority shall, when making a MSP, ensure compliance with paragraph 2 of that Article. Requirements of maritime spatial planning 17.
(1)The competent authority (M) shall, for the purpose of marine spatial planning and the preparation of a MSP— (
  1. a)comply, or ensure compliance, with the requirements of paragraphs 1 and 2 of Article 6, and Articles 10, 11 and 12, of the MSP Directive, (
  2. b)take account of circumstances particular to the marine region to which the Convention for the Protection of the Marine Environment of the North-East Atlantic, done at Paris on 22 September 1992, applies, and (
  3. c)have regard to the obligations of the State under the Convention and the Act of 2021.
(2)The Minister shall, not later than six years after the existing NMPF was first published, carry out a review thereof and, following the completion of the review, either— (
  1. a)prepare and publish, in accordance with this Part and the MSP Directive, a MSP to replace the existing NMPF, or (
  2. b)in circumstances where he or she decides not to prepare and publish such MSP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why he or she has made that decision and publish the statement on a website of the Government.
(3)The Minister shall, not later than six years after a MSP (being a MSP for the time being in force) was first published, carry out a review thereof and, following the completion of the review, either— (
  1. a)prepare and publish, in accordance with this Part and the MSP Directive, a new MSP to replace the first-mentioned MSP, or (
  2. b)in circumstances where he or she decides not to prepare and publish such new MSP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why he or she has made that decision and publish the statement on a website of the Government. Public participation on MSPs 18.
(1)The competent authority (M) shall, as soon as is practicable after initiating a review referred to in section 17
(2)or
(3), as appropriate, and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish on a website of the Government a statement (in this section referred to as the “public participation statement (M)”) of the processes settled by the competent authority (M) in relation to the involvement of interested persons in the preparation of a relevant document.
(2)The competent authority (M) shall take all reasonable steps to comply with the public participation statement (M).
(3)The competent authority (M) shall keep the public participation statement (M) under review and, if the competent authority (M) considers it necessary or expedient to revise the statement and does so, the competent authority shall publish on a website of the Government the statement as so revised.
(4)The Minister may by regulations specify requirements with which a public participation statement (M) shall comply, including requirements relating to any of the following: (
  1. a)appropriate time periods for public consultation; (
  2. b)arrangements for the publication of notices relating to relevant documents; (
  3. c)the contents of notices, including the following: (
  4. i)public consultation timeframes, including periods during which submissions may be made; (
  5. ii)information on how submissions received will be acknowledged, considered and published; (iii) information on the proposed methods of public participation; (
  6. d)specific arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section) in relation to MSPs that fall within section 16
(3)(a), (
  1. b)or (c); (
  2. e)arrangements relating to the establishment of methods of public participation.
(5)Where the Minister makes regulations under subsection
(4), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies: (
  1. a)compliance with the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1993; (
  2. b)compliance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20039 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC - statement by the Commission; (
  3. c)compliance with Article 9 of the MSP Directive; (
  4. d)the opportunity to incorporate national and international good practices relating to public participation; (
  5. e)public participation in the process is inclusive; (
  6. f)the administrative burden on the competent authority (M) and participants is considered, making use, where possible, of existing public participation processes and methods; (
  7. g)that public participation is initiated at an early stage in and continued throughout the development of MSPs; (
  8. h)that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities; (
  9. i)that appropriate use is made of information technology; (
  10. j)particular requirements relating to MSPs that fall within section 16
(3)(a), (b) or (c).
(6)For the purposes of assisting any committee of the Oireachtas to engage in the public participation the subject of this section, the Minister shall cause a copy of the public participation statement (M) (including any such statement as revised under subsection
(3)) to be laid before each House of the Oireachtas.
(7)In this section, “relevant document” means— (a) a draft of a MSP that falls within section 16
(3)(a), (
  1. b)or (c), (
  2. b)a document specified in the public participation statement (M) as a document to which this paragraph applies, or (
  3. c)a document specified in regulations made under subsection
(4)as a document to which this paragraph applies. Laying of MSPs before each House of Oireachtas 19.
(1)This section shall not apply to a DMAP to which Chapter 4 applies.
(2)Where the competent authority (M) proposes to make a MSP, he or she shall lay a draft of the MSP, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof, before each House of the Oireachtas, and shall not make the MSP until a resolution approving of the draft has been passed by each such House.
(3)The competent authority (M) shall, in the making of a MSP, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection
(2).
(4)The competent authority (M) shall cause a copy of a MSP to be laid before each House of the Oireachtas as soon as is practicable after the MSP has been made. Chapter 3 Designated maritime area plans Designation of public bodies who may make DMAPs 20.
(1)Without prejudice to section 15 but subject to subsections
(3)to
(5)and
(7), the Minister may, designate one or more than one public body (other than a public body which falls within paragraph (
  1. d)of the definition of “public body”) to be a competent authority (in this Part referred to as a “competent authority (D)”) for the purposes of preparing and publishing on a website of the public body a maritime area plan (in this Act referred as a “designated maritime area plan”) in accordance with this Chapter and the MSP Directive and any such designation may be in respect of one or more than one of the following: (
  2. a)all or specified activities of a competent authority for the purposes of the MSP Directive; (
  3. b)acting as a coordinating body for some or all of the competent authorities for some of their activities; (
  4. c)one or more than one designated geographical or sectoral area, or both, of the maritime area.
(2)A competent authority (D) shall be deemed to have all the functions necessary to perform functions for the purposes of the designation concerned.
(3)Where the Minister proposes to designate a public body as a competent authority (D) and the body is— (
  1. a)a Minister of the Government, or (
  2. b)any other public body that, in the opinion of the Minister, is a body directly or indirectly responsible to a Minister of the Government, then the Minister shall not so designate the public body without the consent of the Minister of the Government concerned.
(4)Where the Minister proposes to designate a public body as a competent authority then, without prejudice to subsection
(3)where that subsection applies, the Minister shall consult with that body before so designating it.
(5)The Minister may— (
  1. a)amend the terms of a designation made under this section or revoke a designation so made, and (
  2. b)provide for any matters consequential to such amendment or revocation.
(6)Where a designation under this section has been made in respect of a public body by the Minister, or such a designation is amended or revoked, the Minister shall cause to be published on a website of the Government a notice to that effect and the notice shall include information as to the public body concerned, and the activities and areas under subsection
(1)to which the notice relates.
(7)Where the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6, the Minister may designate under this section, and with all necessary modifications to this section, a public body to perform any functions under this Act in relation to that DMAP that would, in the absence of such designation, otherwise have to be performed by the competent authority (M). Proposals for DMAPs 21.
(1)Subject to subsection
(2), a competent authority (D) shall, as soon as is practicable after its designation under section 20 as such or where section 26
(1)(a) applies, prepare a proposal for a DMAP (in this Chapter referred to as the “relevant proposal”).
(2)The relevant proposal shall specify— (
  1. a)the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of, (
  2. b)the geographical areas (including, at the discretion of the competent authority (D), alternatives thereto) of the maritime area proposed to be the subject of the DMAP, (
  3. c)the protected sites proposed to be taken into consideration during the preparation of the DMAP, (
  4. d)the maritime usages proposed to be the subject of the DMAP, (
  5. e)any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (d), (
  6. f)the proposed evidence base of the DMAP, (
  7. g)the proposed statement referred to in section 23
(1), (
  1. h)the existing DMAPs or existing maritime usages, or both, proposed to be taken into consideration during the preparation of the DMAP, (
  2. i)the timeframe within which it is reasonably expected that the DMAP will be prepared, and (
  3. j)any other matters to which it is proposed that the competent authority (D) have regard to in preparing the DMAP.
(3)The competent authority (D) shall, as soon as is practicable after preparing the relevant proposal, submit the relevant proposal to the Minister for the Minister’s approval to the competent authority (D) preparing a draft DMAP based on such proposal.
(4)Where the Minister receives a relevant proposal, he or she shall— (
  1. a)if satisfied that such proposal complies with all the requirements of this Part and the MSP Directive in so far as they relate to the proposal, approve the competent authority (D) preparing a draft DMAP based on such proposal, or (
  2. b)in any other case, giving a notice in writing to the competent authority (D) refusing to approve the competent authority (D) preparing a draft DMAP based on such proposal and stating the Minister’s reasons for the refusal.
(5)The competent authority (D) shall, as soon as is practicable after it has been approved under subsection
(4)(a) to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website.
(6)Where the relevant proposal of a competent authority (D) is refused approval under subsection
(4)(b), the competent authority (D) may prepare a new relevant proposal to take account of the Minister’s reasons for such refusal and, in any such case, the other provisions of this section (including subsection
(4)(b)) shall apply accordingly. Draft DMAPs, etc. 22.
(1)The competent authority (D) shall, as soon as is practicable after the competent authority (D) has been approved under section 21
(4)(
  1. a)to prepare a draft DMAP based on the relevant proposal concerned, prepare a draft DMAP consistent with— (
  2. a)subject to subsection
(4), such proposal, (
  1. b)the marine planning policy statement, (
  2. c)the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies), (
  3. d)guidelines issued under section 7 to the extent that the guidelines are relevant to the draft DMAP, and (
  4. e)policy directives issued under section 8 to the extent that the directives are relevant to the draft DMAP.
(2)The draft DMAP shall specify— (
  1. a)the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of, (
  2. b)the geographical or sectoral areas, or both, of the maritime area proposed to be the subject of the DMAP, (
  3. c)the proposed extent of the maritime area (represented spatially or otherwise) proposed to be utilised by the maritime usages the subject of the DMAP, (
  4. d)particulars of the maritime usages referred to in paragraph (c), (
  5. e)any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (c), (
  6. f)any proposed colocation or coexistence of the maritime usages referred to in paragraph (c), (
  7. g)any proposed measures to avoid or mitigate any adverse impact of the maritime usages referred to in paragraph (
  8. c)on protected sites, species or habitats, (
  9. h)any proposals to— (
  10. i)avoid or mitigate any potentially adverse effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c), or (
  11. ii)benefit the environment or protected sites taking into account the potential effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c), and (
  12. i)any proposals to avoid or mitigate any potentially adverse impact on other lawful users of the maritime area of the undertaking of one or more than one of the maritime usages referred to in paragraph (c).
(3)The competent authority (D) shall cause an appropriate assessment and a strategic environmental assessment to be carried out in relation to the draft DMAP.
(4)The draft DMAP may be inconsistent with the relevant proposal if the Minister has given notice in writing to the competent authority (D) that the Minister has no objection to the inconsistency concerned. Public participation on DMAPs 23.
(1)The competent authority (D) shall, as soon as is practicable after the relevant proposal has been approved under section 21
(4)(a) and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish on its website a statement (in this section referred to as the “public participation statement (D)”) of the processes settled by the competent authority (D) in relation to the involvement of interested persons in the preparation of a relevant document.
(2)The competent authority (D) shall take all reasonable steps to comply with the public participation statement (D).
(3)The competent authority (D) shall keep the public participation statement (D) under review and, if the competent authority (D) considers it necessary or expedient to revise the statement and does so, the competent authority (D) shall publish on its website the statement as so revised.
(4)The Minister may by regulations specify requirements with which a public participation statement (D) shall comply, including requirements relating to any of the following: (
  1. a)appropriate time periods for public consultation; (
  2. b)arrangements for the publication of notices relating to relevant documents; (
  3. c)the contents of notices, including the following: (
  4. i)public consultation timeframes, including periods during which submissions may be made; (
  5. ii)information on how submissions received will be acknowledged, considered and published; (iii) information on the proposed methods of public participation; (
  6. d)specific arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section for different competent authorities (D)) in relation to DMAPs prepared by different competent authorities (D); (
  7. e)arrangements relating to the establishment of methods of public participation.
(5)When the Minister makes regulations under subsection
(4), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies: (
  1. a)compliance with the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998; (
  2. b)compliance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 200310 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC - Statement by the Commission; (
  3. c)compliance with Article 9 of the MSP Directive; (
  4. d)the opportunity to incorporate national and international good practices relating to public participation; (
  5. e)public participation in the process is inclusive; (
  6. f)the administrative burden on the competent authority (D) and participants is considered, making use, where possible, of existing public participation processes and methods; (
  7. g)that public participation is initiated at an early stage in and continued throughout the development of DMAPs; (
  8. h)that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities; (
  9. i)that appropriate use is made of information technology; (
  10. j)particular requirements relating to DMAPs that are made by different competent authorities (D).
(6)For the purposes of assisting any committee of the Oireachtas to engage in the public participation the subject of this section, a copy of the public participation statement (D) shall be laid before each House of the Oireachtas.
(7)In this section, “relevant document” means— (
  1. a)a draft of a DMAP, (
  2. b)a document specified in the public participation statement (D) as a document to which this paragraph applies, or (
  3. c)a document specified in regulations made under subsection
(4)as a document to which this paragraph applies. Minister and draft DMAP 24.
(1)The competent authority (D) shall, as soon as is practicable after complying with sections 22 and 23 in relation to the draft DMAP, revise (if necessary) the draft to take into account any relevant considerations arising from the public consultation, appropriate assessment and strategic environmental assessment carried out, as required by those sections, in relation to the draft and submit the draft to the Minister.
(2)The Minister shall review the draft DMAP to ascertain whether or not there are any inconsistencies between the plan and any of the following: (
  1. a)the MSP Directive; (
  2. b)the marine planning policy statement; (
  3. c)the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies); (
  4. d)guidelines issued under section 7 to the extent that the guidelines are relevant to the draft; (
  5. e)policy directives issued under section 8 to the extent that the directives are relevant to the draft.
(3)Where the Minister ascertains an inconsistency referred to in subsection
(2), he or she shall— (
  1. a)make a recommendation in writing to the competent authority (D) to amend the draft DMAP to avoid or mitigate the inconsistency, or (
  2. b)give notice in writing to the competent authority (D) of the inconsistency and in that notice state that the draft DMAP does not need to be amended to avoid or mitigate the inconsistency, as the Minister thinks fit in all the circumstances of the case.
(4)Where subsection
(3)(
  1. a)applies, the competent authority (D) shall— (
  2. a)amend the draft DMAP in accordance with the recommendation concerned, (
  3. b)cause an appropriate assessment and strategic environmental assessment to be carried out in relation to the amendment to the draft DMAP, and (
  4. c)after paragraphs (
  5. a)and (
  6. b)have been complied with and, if necessary, revise the draft DMAP to ensure that section 33 is complied with. Laying of DMAPs before each House of Oireachtas 25.
(1)This section shall not apply to a DMAP to which Chapter 4 applies.
(2)Where the competent authority (D) proposes to make a DMAP after section 24 has been complied with, a draft of the DMAP, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof, shall be laid before each House of the Oireachtas, and the competent authority (D) shall not make the DMAP until a resolution approving of the draft has been passed by each such House.
(3)The competent authority (D) shall, in the making of a DMAP, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection
(2).
(4)A copy of a DMAP made by the competent authority (D) shall be laid before each House of the Oireachtas as soon as is practicable after the DMAP has been made. Reviews of DMAPs, etc. 26.
(1)Subject to subsection
(2), a competent authority (D) shall, not later than six years after a DMAP (being a DMAP for the time being in force) prepared by the competent authority (D) was first published, carry out a review thereof and, following the completion of the review, either— (
  1. a)prepare and publish, in accordance with this Part and the MSP Directive, a new DMAP to replace the first-mentioned DMAP, or (
  2. b)in circumstances where the competent authority (D) decides not to prepare and publish such new DMAP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why the competent authority (D) has made that decision and publish the decision on its website.
(2)(a) The Minister may issue a policy directive under section 8 requiring a competent authority (D) to review under subsection
(1)a DMAP prepared by the competent authority (D) and to carry out such review in accordance with the provisions of the directive. (
  1. b)The competent authority the subject of a policy directive referred to in paragraph (
  2. a)shall comply with the directive. Chapter 4 Laying of certain DMAPs before CPAs Laying of certain DMAPs before CPAs 27.
(1)This section applies to a DMAP that applies exclusively within the nearshore area of one or more than one CPA.
(2)Where the relevant competent authority proposes to make a DMAP to which this section applies, the relevant competent authority (or, in the case of such competent authority which is a CPA, the chief executive of the CPA concerned or, if there are two or more CPAs concerned, the chief executives jointly of such CPAs) shall lay a draft of the DMAP before each CPA referred to in subsection
(1)concerned and the relevant competent authority shall not make the DMAP until a resolution approving of the DMAP has been passed by each such CPA.
(3)The relevant competent authority (other than in the case of such competent authority which is a CPA) shall, in the making of a DMAP, have regard to— (a) in the case of a draft of that DMAP laid before only one CPA in accordance with subsection
(2), any resolution, report or recommendation of the CPA in so far as such resolution, report or recommendation relates to the draft, or (b) in the case of a draft of that DMAP laid before two or more CPAs in accordance with subsection
(2), any joint resolution, report or recommendation of the CPAs in so far as such resolution, report or recommendation relates to the draft.
(4)The relevant competent authority (not being a CPA) shall cause a copy of a DMAP made by the relevant competent authority to be laid before each CPA referred to in subsection
(1).
(5)In this section, “relevant competent authority”, in relation to a DMAP, means the competent authority (M) or competent authority (D) who prepared the DMAP. Chapter 5 Amendment of MSPs and DMAPs Amendment of MSPs and DMAPs 28.
(1)Where the relevant competent authority wishes to make a material amendment to a relevant plan without replacing the plan, the relevant provisions shall, with all necessary modifications, apply to the preparation and making of the amendment as they apply to the preparation and making of a relevant plan.
(2)Subject to subsection
(3), the Minister may by regulations specify classes of amendments to a relevant plan that are, for the purposes of this section, non-material amendments.
(3)Where the Minister makes regulations under subsection
(2), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the proposed classes of amendments referred to in that subsection: (
  1. a)that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential; (
  2. b)that the amendments which fall within that class should not cause any significant inconsistencies between the amendment concerned and any of the following: (
  3. i)the MSP Directive; (
  4. ii)the marine planning policy statement; (iii) the National Marine Planning Framework; (
  5. iv)guidelines issued under section 7 ; (
  6. v)policy directives issued under section 8 ; (
  7. c)that the amendments which fall within that class should not cause any significant erosion of the provisions of the relevant plan concerned relating to any avoidance or mitigation measures.
(4)Where the relevant competent authority is a competent authority (D) who wishes to make a non-material amendment to a relevant plan which is a DMAP, it shall give notice in the specified form to the Minister of the amendment not less than 10 working days before making the amendment.
(5)In this section— “material amendment”, in relation to a relevant plan, means any amendment to the plan other than an amendment which falls within a class of amendments specified in regulations made under subsection
(2); “non-material amendment”, in relation to a relevant plan, means an amendment which falls within a class of amendments specified in regulations made under subsection
(2); “relevant competent authority” means— (
  1. a)in relation to a relevant maritime spatial plan that is a MSP, the competent authority (M), and (
  2. b)in relation to a relevant maritime spatial plan that is a DMAP, the competent authority (D) concerned; “relevant plan” means— (
  3. a)a MSP, or (
  4. b)a DMAP; “relevant provisions” means— (
  5. a)in relation to a relevant plan that is a MSP, the provisions of Chapter 2 and, if applicable, Chapter 4, and (
  6. b)in relation to a relevant plan that is a DMAP, the provisions of Chapter 3 and, if applicable, Chapter 4. Chapter 6 Competent authority (M) and DMAPs Competent authority (M) may make DMAPs 29.
(1)Subject to subsection
(3), the competent authority (M) may prepare and publish on a website of the Government a DMAP in accordance with Chapter 3 and the MSP Directive in respect of one or more than one of the following: (
  1. a)all or specified activities of a competent authority for the purposes of the MSP Directive; (
  2. b)acting as a coordinating body for some or all of the competent authorities for some of their activities; (
  3. c)one or more than one designated geographical or sectoral area, or both, of the maritime area.
(2)The competent authority (M) shall be deemed to have all the functions necessary to perform functions for the purposes of exercising his or her power under subsection
(1).
(3)Subject to subsection
(4), the provisions of Chapters 3 to 5 shall, for the purposes of subsection
(1), apply to the competent authority (M) as if references in those provisions to the competent authority (D) were references to the competent authority (M).
(4)The following modifications shall apply, for the purposes of subsection
(1), to the provisions of Chapters 3 to 5: (a) section 20 shall be treated as being deleted (but without prejudice to the generality of section 20
(7)once the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6); (b) section 21
(1)shall be treated as if the words “he or she decides to exercise the power under section 29
(1)” were substituted for the words “its designation under section 20 as such”; (c) section 21
(3)and
(4)shall be treated as being deleted; (d) section 21
(5)shall be treated as if the words “he or she has prepared the relevant proposal, publish, or cause to be published, such proposal on a website of the Government” were substituted for the words “it has been approved under subsection
(4)(
  1. a)to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website”; (
  2. e)section 21
(6)shall be treated as being deleted; (f) section 22
(1)shall be treated as if the words “relevant proposal concerned has been published in accordance with section 21
(5)” were substituted for the words “competent authority (D) has been approved under section 21
(4)(
  1. a)to prepare a draft DMAP based on the relevant proposal concerned”; (
  2. g)section 22
(4)shall be treated as being deleted; (h) section 23
(1)and
(3)shall be treated as if the words “a website of the Government” were substituted for the words “its website”; (i) section 24 shall be treated as being deleted; (j) section 25
(2)shall be treated as if the words “after section 24 has been complied with” were deleted; (k) section 26
(2)shall be treated as being deleted; (l) section 28
(4)shall be treated as being deleted; (m) section 28
(5)shall be treated, in the definition of “relevant provisions”, in paragraph (b), as if the words “and subject to Chapter 6 if applicable” were inserted after “is a DMAP”. Chapter 7 Public bodies and National Marine Planning Framework Compliance by public bodies 30.
(1)A public body shall adopt such measures, consistent with the body’s functions, as are necessary to secure the objectives of the National Marine Planning Framework.
(2)In this section, “functions” includes— (
  1. a)the formulation of any policy, programme or plan in relation to any maritime usage or proposed maritime usage, (
  2. b)the giving of any authorisation by or under any enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation) for the purposes of any maritime usage or proposed maritime usage, and (
  3. c)the regulation of any maritime usage or proposed maritime usage. Directions of Minister 31.
(1)Subject to section 32 , the Minister may give a direction to a public body to adopt such measures as are specified in the direction relating to— (
  1. a)the implementation of maritime spatial planning, (
  2. b)compliance with the National Marine Planning Framework, or (
  3. c)compliance with the State’s obligation under the MSP Directive.
(2)(
  1. a)A direction under this section shall be in writing and may apply to one or more than one public body. (
  2. b)The Minister shall cause a direction under this section to be published on a website of the Government at the same time as it is given to the public body concerned or as soon as is practicable thereafter.
(3)A public body to whom a direction under this section is given shall comply with the direction.
(4)In this section, “public body” does not include the Minister. Steps preliminary to deciding whether or not to issue direction under section 31 32.
(1)This section applies where the Minister is minded to give a direction under section 31 (in this section referred to as the “direction concerned”) to a public body (in this section referred to as the “public body concerned”).
(2)The Minister shall, in the interests of procedural fairness, give a notice in writing to the public body concerned to which is attached a draft of the direction concerned stating that— (
  1. a)the Minister is minded to give that direction to that body, and (
  2. b)the body may, if it wishes to do so, within the period specified in the notice (being a period of not less than four weeks from the giving of the notice) make submissions in writing to the Minister on the direction.
(3)Where the Minister receives submissions referred to in subsection
(2)before the expiration of the period referred to in that subsection, he or she may, after having regard to those submissions— (
  1. a)give the direction concerned to the public body concerned with such revisions to the direction as the Minister considers are warranted in view of those submissions, (
  2. b)give the direction concerned to the public body concerned without any revisions to the direction if the Minister considers that no such revisions are warranted in view of those submissions, or (
  3. c)decline to give the direction concerned to the public body concerned if the Minister considers that— (
  4. i)in view of those submissions, the direction is not warranted, or (
  5. ii)for any other reason, the direction is no longer warranted.
(4)Where the Minister receives no submissions referred to in subsection
(2)before the expiration of the period referred to in that subsection, he or she may— (
  1. a)give the direction concerned to the public body concerned, or (
  2. b)decline to give the direction concerned to the public body concerned if the Minister considers that, for any reason, the direction is no longer warranted.
(5)Where subsection
(3)(c) or
(4)(b) applies, the Minister shall, as soon as is practicable after making the decision referred to in that subsection, give notice in writing of that decision to the public body concerned. Chapter 8 Appropriate assessment and strategic environmental assessment Appropriate assessment and strategic environmental assessment 33.
(1)For the avoidance of doubt, the relevant competent authority shall, in the preparation of any thing to which this subsection applies, ensure that the thing does not contravene the following acts of the institutions of the European Union, or any provision of an Act of the Oireachtas enacted or made for the purposes of giving effect to any such act: (a) Habitats Directive; (b) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 200111 on the assessment of the effects of certain plans and programmes on the environment; (c) Birds Directive.
(2)Subsection
(1)applies to each of the following: (
  1. a)the marine planning policy statement; (
  2. b)guidelines issued under section 7 ; (
  3. c)policy directives issued under section 8 ; (
  4. d)each draft MSP; (
  5. e)each draft DMAP; (
  6. f)a proposed material amendment under section 28 .
(3)In this section, “relevant competent authority” means the competent authority (M) or competent authority (D), as appropriate. Chapter 9 Maritime Authorisation Database Definitions - Chapter 9 34. In this Chapter— “Database” means the Maritime Authorisation Database established under section 35
(1); “relevant data” means the data referred to in section 36
(1); “relevant particulars” means the particulars of relevant data required to be entered into the Database by regulations made under section 36 . Establishment of Maritime Authorisation Database 35.
(1)The Minister shall, as soon as is practicable after the coming into operation of this section, establish and maintain a database to be known as the Maritime Authorisation Database.
(2)The Database shall be in the form of an electronic database which is easily accessible through public electronic telecommunications networks.
(3)The Minister shall enter the relevant particulars of the relevant data in the Database as soon as is practicable after he or she receives the data.
(4)Where relevant data is received by a public body other than the Minister, the public body shall, as soon as is practicable, give that data to the Minister in the form specified by the Minister.
(5)The Minister may, by notice in writing given to— (
  1. a)a public body which has received relevant data, or (
  2. b)a person who gave the relevant data referred to in paragraph (
  3. a)to the public body referred to in that paragraph, require the public body or the person, as the case may be, to provide such additional relevant data, or additional information concerning relevant data, as the Minister reasonably considers necessary in maintaining the Database.
(6)The public body or person to whom a notice under subsection
(5)has been given shall comply with that notice as soon as is practicable after the public body or person, as the case may be, has received the notice. Data to which Database applies, etc. 36.
(1)The Minister may by regulations specify the data to which the Database applies, being data that the Minister is satisfied— (
  1. a)relate to an authorisation (in this section referred to as a “relevant authorisation”) by or under this Act or any other enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation) of any maritime usage or proposed maritime usage, and whether or not such authorisation also relates to an area outside the maritime area, and (
  2. b)should be readily available for access by users or proposed users of the maritime area and interested members of the public.
(2)Without prejudice to the generality of subsection
(1), regulations made under that subsection may specify the particulars of the relevant data to which the Database applies that are to be entered in the Database.
(3)Where the Minister makes regulations under subsection
(1)to which subsection
(2)applies, he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the particulars of relevant data that are to be entered in the Database: (
  1. a)that the particulars should be sufficient to enable persons accessing the Database to readily ascertain— (
  2. i)the part of the maritime area to which the relevant authorisation relates, (
  3. ii)the maritime usage or proposed maritime usage the subject of the relevant authorisation, and (iii) the name and contact details of the holder of the relevant authorisation; (
  4. b)the need to know the date (if any), or the occurrence of the event (if any), on which the relevant authorisation expires; and (
  5. c)if paragraph (
  6. b)applies, the need to know whether the relevant authorisation may be renewed.
(4)The Minister may, for the purposes of this Chapter, combine or link, in such manner as he or she thinks appropriate, the Database with any other database (by whatever name called) which contains relevant data. Correction of Database 37.
(1)For the purposes of keeping the Database correct, the Minister may— (
  1. a)subject to paragraph (b), amend or delete any relevant particulars entered in the Database, or (
  2. b)where section 36
(4)applies, request in writing the public body who maintains the other database to amend or delete any relevant particulars, specified in the request and for the reasons specified in the request, entered in the other database.
(2)The Minister shall take such steps as he or she considers necessary from time to time to ensure that the particulars entered in the Database are correct. General power of Minister to obtain information relating to maritime area 38.
(1)The Minister may, for the purposes of promoting good governance in the sharing of information, whether under this Act or any other enactment, relating to the maritime area, give a direction in writing to a public body to give to the Minister, within the period specified in the direction (being a period reasonable in all the circumstances of the case), the information, relating to the maritime area, specified in the direction.
(2)A direction under subsection
(1)may specify that the information concerned be given to the Minister on a periodic basis.
(3)A public body the subject of a direction under subsection
(1)shall comply with the direction.
(4)The Minister may enter in the Database such particulars of information given to him or her pursuant to a direction under subsection
(1)that the Minister is satisfied should be readily available for access by users or proposed users of the maritime area and interested members of the public. Delegation by Minister to MARA 39.
(1)The Minister may delegate to the MARA any of his or her functions under this Chapter (except the Minister’s power to make regulations under section 36 ) which he or she considers can effectively be performed by the MARA and the Minister shall be responsible for monitoring, approving or reviewing the performance of such delegated functions by the MARA.
(2)Where a function of the Minister is delegated to the MARA under subsection
(1), the delegation shall remain in force until the Minister revokes it. PART 3 Maritime Area Regulatory Authority Chapter 1 Definitions and establishment day Definitions - Part 3 40. In this Part— “Act of 1990” means the Companies Act 1990 ; “Board (M)” shall be construed in accordance with section 45
(1); “chairperson” means the chairperson of the Board (M); “chief executive officer” shall be construed in accordance with section 56
(1); “statement of strategy”, in relation to the MARA, shall be construed in accordance with section 66 . Establishment day 41. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Chapter 2 Establishment and functions of Maritime Area Regulatory Authority Establishment of Maritime Area Regulatory Authority 42.
(1)There shall stand established on the establishment day a body which shall be known as an tÚdarás Rialála Limistéir Mhuirí or, in the English language, the Maritime Area Regulatory Authority (in this Act referred to as the “MARA”) to perform the functions assigned to it under this Act or any other enactment.
(2)The MARA is a body corporate with perpetual succession and an official seal and may— (
  1. a)sue and be sued in its own name, (
  2. b)with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of land or an interest in land, and (
  3. c)acquire, hold and dispose of any other property.
(3)The seal of the MARA shall be authenticated by— (
  1. a)the signature of the chairperson or another member of the Board (M) authorised in writing by the chairperson to do so, and (
  2. b)the signature of the chief executive officer or another officer of the MARA authorised in writing by the chairperson to do so.
(4)Judicial notice shall be taken of the seal of the MARA, and every document purporting to be an instrument made by the MARA and sealed with the seal of the MARA authenticated in accordance with subsection
(3)shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof. Functions of MARA 43.
(1)The functions of the MARA are— (
  1. a)considering MAC applications, granting MACs and revoking or suspending MACs, (
  2. b)considering licence applications, granting licences and revoking or suspending licences, (
  3. c)securing the enforcement of the provisions of this Act relating to MACs or licences, (
  4. d)promoting and monitoring compliance with the provisions of this Act in so far as those provisions relate to MACs or licences, or both, (
  5. e)investigating— (
  6. i)instances of suspected offences under this Act, and (
  7. ii)instances otherwise of suspected non-compliance with Part 3 , 4 , 5 or 6 or with the obligations to which holders and former holders of MACs or licences are subject, (
  8. f)the prosecuting of offences under this Act by way of summary proceedings, (
  9. g)at the discretion of the MARA, referring cases to the Director of Public Prosecutions where the MARA has reasonable grounds for believing that an indictable offence under this Act has been committed, (
  10. h)fostering and promoting co-operation between regulators of the maritime area, whether or not pursuant to a co-operation agreement referred to in Chapter 6, (
  11. i)the undertaking of all administrative responsibility for foreshore authorisations, including— (
  12. i)performing functions under or in relation to such authorisations as if— (I) the authorisations had been granted (or otherwise given) by the MARA, and (II) references in the authorisations (howsoever expressed) to the Minister of the Government who falls within paragraph (
  13. c)of section 1B of the Act of 1933 were references to the MARA, (
  14. ii)investigating instances of suspected offences under the Act of 1933, and (iii) investigating instances otherwise of suspected non-compliance with the Act of 1933 or with obligations to which holders and former holders of the authorisations are subject, and (
  15. j)performing such other functions as are conferred upon it by this Act, the Act of 2000 or any other enactment.
(2)Subject to this Act, the MARA shall be independent in the performance of its functions.
(3)The MARA shall perform its functions through or by— (
  1. a)the Board (M), or (
  2. b)the chief executive officer or any other member of the staff of the MARA duly authorised in that behalf by the Board (M).
(4)The MARA shall have all such powers as are necessary or expedient for the performance of its functions. Matters to which MARA shall have regard in performing functions 44. The MARA shall, in performing its functions, have regard to— (
  1. a)the obligation imposed on it by section 30 , (
  2. b)obligations of the State under the Convention and the Act of 2021, (
  3. c)the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or any Minister of the Government to the extent that those policies may affect or relate to the functions of the MARA, and (
  4. d)the need for co-operation between users of the same part, or adjoining parts, of the maritime area, or both. Chapter 3 Board of MARA Establishment and membership of board of MARA 45.
(1)The MARA shall have a board (in this Part referred to as the “Board (M)”) consisting of the following members: (
  1. a)a chairperson; (
  2. b)ordinary members as follows: (
  3. i)an officer of the Department of Housing, Local Government and Heritage; (
  4. ii)an officer of the Department of the Environment, Climate and Communications; (iii) an officer of the Department of Public Expenditure and Reform; (
  5. iv)a representative of the County and City Management Association; (
  6. v)up to six other persons (if any).
(2)(a) Subject to subsection
(1)and paragraphs (
  1. b)to (d), the Minister shall appoint to be the chairperson and other members of the Board (M) persons who, in the opinion of the Minister, have sufficient expertise and experience relating to— (
  2. i)matters connected with the functions of the MARA, or (
  3. ii)corporate governance and management generally, to enable them to make a substantial contribution to the effective and efficient performance of those functions. (
  4. b)The Minister shall— (
  5. i)for the purposes of appointing a member who falls within subsection
(1)(b)(i), (
  1. ii)or (iii), so appoint a nominee put forward by the Minister of the Government for the Department concerned where the Minister first-mentioned in this paragraph is of the opinion referred to in paragraph (
  2. a)as regards that nominee, and (
  3. ii)for the purposes of appointing a member who falls within subsection
(1)(b)(iv), so appoint a nominee put forward by the County and City Management Association where the Minister first-mentioned in this paragraph is of the opinion referred to in paragraph (a) as regards that nominee. (c) The Minister shall, for the purposes of appointing members who fall within subsection
(1)(b)(v), ensure that any such appointment does not result in there being more than— (i) two members who are officers of the same Department referred to in subsection
(1)(b)(i), (
  1. ii)or (iii), or (
  2. ii)two members who are representatives of the County and City Management Association. (
  3. d)The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Board (M) there is an equitable balance between men and women.
(3)The chairperson shall hold office for such period, not exceeding four years, from the date of appointment to the office as the Minister shall determine.
(4)Subject to subsection
(5), each ordinary member shall hold office for such period, not exceeding four years, from the date of appointment to the office as the Minister shall determine.
(5)Of the ordinary members of the Board (M) first constituted under this section— (
  1. a)three members shall hold office for a period of three years from the date appointed to the office, and (
  2. b)three members shall hold office for a period of four years from the date appointed to the office.
(6)Subject to subsection
(7), a member of the Board (M) (including the chairperson) whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board (M), whether as an ordinary member or as the chairperson.
(7)A person who is reappointed to the Board (M) in accordance with subsection
(6)shall not hold office for more than two consecutive terms and in any event may not serve for a period of more than eight years.
(8)A member may resign from office by letter sent to the Minister and the resignation shall take effect on the later of— (
  1. a)the date specified in the letter, or (
  2. b)the date of receipt of the letter by the Minister.
(9)The Minister shall, as soon as is practicable after a person is appointed to be a member of the Board (M), publish on a website of the Government a notice of the name of the person so appointed.
(10)The Minister may, by notice in writing, nominate an ordinary member of the Board (M) to be the deputy chairperson of the Board (M) to act as the chairperson if, for whatever reason, the chairperson is unable to perform his or her functions. Casual vacancies 46.
(1)If a member resigns, dies, ceases to hold office (otherwise than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister shall, as soon as is practicable, appoint, consistent with the provisions of section 45 , a person to fill the casual vacancy so arising.
(2)A person appointed under subsection
(1)shall hold office for the unexpired period of his or her predecessor’s term of office or such other period as the Minister may determine not exceeding four years (including such unexpired period).
(3)A member appointed under subsection
(1)is eligible for reappointment to the Board (M) on the expiry of the unexpired period or other period, as appropriate, referred to in subsection
(2)but may not serve for more than two further consecutive terms and in any event may not serve for a period of more than eight years. Functions of Board (M) 47.
(1)The Board (M) is the governing body of the MARA with authority, in the name of the MARA, to perform the functions of the MARA.
(2)The Board (M) shall— (
  1. a)ensure that the functions of the MARA are performed efficiently, effectively and to the highest standards, (
  2. b)set the objectives of the MARA consistent with those functions and the statement of strategy, (
  3. c)ensure that appropriate systems and procedures are in place to perform those functions and achieve those objectives, (
  4. d)design a comprehensive framework for the setting of levies under Chapter 7 of Part 4 , and (
  5. e)advise and make recommendations to the Minister in relation to policies of the Government or a Minister of the Government affecting the functions of the MARA.
(3)In performing its functions, the Board (M) shall act in good faith with care, skill and diligence.
(4)The Board (M) may delegate to the chief executive officer any of its functions which it considers should be carried out by the chief executive officer and the Board (M) shall be responsible for monitoring, approving or reviewing the performance of such functions by the chief executive officer.
(5)Where a function of the Board (M) is delegated to the chief executive officer, the delegation shall remain in force until the Board (M) revokes it.
(6)The Board (M) shall submit such information regarding the performance of its functions as may be requested in writing by the Minister.
(7)Subject to this Part, the Board (M) may regulate its own procedure. Membership of either House of Oireachtas or European Parliament, etc. 48.
(1)A person is not eligible for appointment as a member of the Board (M) or a committee of the Board (M) if the person is— (
  1. a)nominated as a member of Seanad Éireann, (
  2. b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
  3. c)regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or (
  4. d)elected or co-opted as a member of a local authority.
(2)A person who is for the time being entitled under the Standing Orders of either House of Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or such a member, be disqualified for membership of the Board (M) or a committee of the Board (M). Removal of member of Board (M) 49.
(1)The Minister may at any time remove from office a member of the Board (M) if, in the Minister’s opinion— (
  1. a)the member has become incapable through ill-health of performing his or her functions, (
  2. b)the member has committed stated misbehaviour, (
  3. c)the member’s removal is necessary for the effective and efficient performance by the Board (M) of its functions, (
  4. d)the member has contravened an applicable provision of the Ethics in Public Office Act 1995 , or (
  5. e)in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10
(3)of the Standards in Public Office Act 2001 and that relates to the member.
(2)If a member of the Board (M) is removed from office in accordance with subsection
(1), the Minister shall give the member a statement in writing of the reasons for the removal.
(3)The Minister shall remove from office a member of the Board (M) if such removal is necessary in order to ensure that section 45
(2)(c) continues to be complied with.
(4)A member of the Board (M) shall cease to be qualified for office and shall cease to hold office if he or she— (
  1. a)is adjudicated bankrupt, (
  2. b)makes a composition or arrangement with creditors, (
  3. c)is sentenced by a court of competent jurisdiction to a term of imprisonment, (
  4. d)is convicted of any indictable offence, (
  5. e)is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, (
  6. f)is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014, or (
  7. g)is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or any other jurisdiction.
(5)A member who does not, for a consecutive period of six months, attend a meeting of the Board (M) ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure was due to ill-health.
(6)In this section, “applicable provision of the Ethics in Public Office Act 1995 ”, in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member. Potential conflicts of interest 50.
(1)Where a matter is to be decided by the Board (M) at a meeting, any member of the Board (M) present at the meeting who has an interest in the matter, otherwise than as such a member, shall— (
  1. a)at the meeting, in advance of any consideration of the matter, disclose to the Board (M) the fact of the interest and the nature of the interest, (
  2. b)neither influence nor seek to influence a decision relating to the matter, (
  3. c)absent himself or herself from any meeting or that part of the meeting during which the matter is discussed, (
  4. d)take no part in any deliberation of the Board (M) or committee of the Board (M) relating to the matter, and (
  5. e)not vote on a decision relating to the matter.
(2)Where a member discloses an interest in a matter under subsection
(1)— (
  1. a)the disclosure shall be recorded in the minutes of the meeting, and (
  2. b)for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Board (M) or committee of the Board (M) otherwise determines.
(3)Where, at a meeting of the Board (M) or a committee of the Board (M), a question arises as to whether or not a course of conduct, if pursued by a member of the Board (M) or committee of the Board (M), as the case may be, would be a failure by the member to comply with the requirements of subsection
(1)— (
  1. a)the question may be determined by the chairperson of the Board (M) or of the committee of the Board (M), as the case may be, whose decision shall be final, and (
  2. b)if the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting concerned.
(4)Where satisfied that a member of the Board (M) or a committee of the Board (M) has contravened subsection
(1), the Minister may, if he or she thinks fit to do so, remove that member from office or take any other action that the Minister considers appropriate.
(5)A person who is removed from office under subsection
(4)is disqualified from membership of the Board (M) or of a committee of the Board (M). Removal of all members of Board (M) 51.
(1)The Minister may remove all members of the Board (M) from office if— (
  1. a)the Board (M) fails to achieve a quorum for three consecutive meetings, (
  2. b)the Board (M) does not comply with a judgement, order or decree of any court, (
  3. c)the Board (M) does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment (including this Act), or (
  4. d)the Minister is of the opinion that the Board (M)’s functions are not being performed in an effective and efficient manner.
(2)The Minister may, if he or she is of the opinion that the Board (M)’s functions are not being performed in an effective and efficient manner, appoint a person to— (
  1. a)conduct an independent review of any matter giving rise to that opinion, and (
  2. b)submit a report to the Minister on the results of the review.
(3)The Board (M) shall co-operate with a review under subsection
(2)and give the person conducting it all reasonable assistance, including access to such premises, equipment and books, records and other documents as the person may require for the purposes of the review.
(4)The removal of the members of the Board (M) from office does not revoke or otherwise affect any delegation of the Board (M)’s functions to the chief executive officer under section 47
(4). Meetings of Board (M) 52.
(1)The Board (M) shall hold as many meetings as are necessary for the performance of its functions, but in each year shall hold at least four meetings.
(2)The chairperson may at any reasonable time call a meeting of the Board (M).
(3)Any number of members of the Board (M) that is not fewer than the quorum for a meeting of the Board (M) may call a meeting of the Board (M) if the chairperson— (
  1. a)refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than that number of members, or (
  2. b)without refusing to call a meeting, does not call one within seven days of being presented with such a requisition.
(4)Subject to section 45
(10), at a meeting called under subsection
(3), or where the chairperson has called a meeting or cannot attend, or where the office of the chairperson is vacant, the members present shall choose one of those present to chair the meeting.
(5)The quorum for a meeting of the Board (M) shall be not less than the lowest integer that exceeds half of the total number of members for the time being.
(6)A meeting held while there is a vacancy on the Board (M) will be valid irrespective of the vacancy, as long as there is a quorum.
(7)With the exception of a meeting called in accordance with subsection
(3), the chairperson shall, if present, preside at all meetings of the Board (M).
(8)Any question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.
(9)Where there is an equal division of votes, the chairperson has a second and casting vote at all meetings at which he or she is present except where a meeting has been called in accordance with subsection
(3), in which case the chairperson or, subject to section 45
(10), the person chosen in accordance with subsection
(4), as appropriate, has a second or casting vote. Committees of Board (M) 53.
(1)The Board (M) may establish committees to assist and advise it on matters relating to its functions, or the functions of the MARA, and may determine the membership and terms of reference of each committee.
(2)The Board (M) may appoint to a committee of the Board (M) persons who are not members of the Board (M) but have special knowledge and experience related to the purposes of the committee.
(3)The appointment of a person to a committee of the Board (M) is subject to such terms and conditions as may be determined— (a) under section 55
(1)to the extent that they relate to remuneration and allowances for expenses, and (b) by the Board (M), in any other case.
(4)The Board (M) shall specify in writing the purposes and terms of reference of each committee of the Board (M).
(5)The acts of a committee of the Board (M) are subject to confirmation by the Board (M) unless the Board (M) dispenses with the necessity for confirmation.
(6)The Board (M) may regulate the procedure of a committee of the Board (M) but, subject to any such regulation, a committee may regulate its own procedure.
(7)The Board (M) may at any time dissolve a committee of the Board (M) established under this section. Ineligibility of holders, etc., for appointment as member 54.
(1)Subject to subsection
(2), a person shall not be eligible for appointment as a member of the Board (M) if the person is— (
  1. a)the holder of a MAC, (
  2. b)the holder of a licence, (
  3. c)the holder of a foreshore authorisation, or (
  4. d)the chief executive officer.
(2)Subsection
(1)shall not apply to a person proposed to be appointed as a member of the Board (M) in his or her capacity as a representative of the County and City Management Association.
(3)A person shall not be eligible for appointment as a member of the Board (M) if the person is a member of staff of the MARA. Remuneration and expenses of members of Board (M) and committees 55.
(1)The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the remuneration and allowances for expenses payable under this section.
(2)The remuneration and allowances for expenses (if any) determined in accordance with subsection
(1)are payable by the MARA out of funds at its disposal to— (
  1. a)the members of the Board (M), and (
  2. b)the members of a committee of the Board (M).
(3)The remuneration and allowances for expenses (if any) determined in accordance with subsection
(1)are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 51
(2)to conduct an independent review. Chapter 4 Chief executive officer of MARA Appointment of chief executive officer 56.
(1)The Board (M) shall, as soon as is practicable after the establishment day and thereafter as required, appoint a person, being a person who has been recommended by the Public Appointments Service, to be the chief executive officer of the MARA (in this Act referred to as the “chief executive officer”).
(2)Subject to subsection
(4), the Public Appointments Service shall recommend a person for appointment as the chief executive officer following an open selection competition held by the Service for that purpose.
(3)The Public Appointments Service shall appoint a selection panel to assist it in holding an open selection competition.
(4)The Public Appointments Service shall ensure that a person is recommended under subsection
(2)for appointment only if it is satisfied that the person has the qualifications, experience and skills to effectively perform the functions of the chief executive officer.
(5)The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined by the Board (M) with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.
(6)The remuneration and allowances for expenses determined under subsection
(5)shall be paid out of funds at the disposal of the MARA.
(7)The chief executive officer shall not hold any other office or employment or carry on any business.
(8)The chief executive officer, although not eligible, by virtue of section 54
(1), to be a member of the Board (M) or a committee of the Board (M), may, in accordance with procedures established by the Board (M) or a committee of the Board (M), as the case may be, attend meetings of the Board (M) or a committee of the Board (M) and shall be entitled to speak at and advise such meetings. Resignation, removal or disqualification of chief executive officer 57.
(1)The chief executive officer may resign from office by giving notice in writing to the Board (M) of his or her resignation.
(2)The Board (M) may, at any time and with the prior approval of the Minister, remove the chief executive officer from office if, in the opinion of the Board (M) — (
  1. a)the chief executive officer has become incapable through ill-health of performing his or her functions, (
  2. b)the chief executive officer has committed stated misbehaviour, or (
  3. c)the removal of the chief executive officer is necessary for the effective and efficient performance by the MARA of its functions.
(3)If the chief executive officer is removed from office in accordance with subsection
(2), the Board (M) shall provide the chief executive officer with a statement in writing of the reasons for the removal.
(4)The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she— (
  1. a)is sentenced by a court of competent jurisdiction to a term of imprisonment, (
  2. b)is convicted of any indictable offence, (
  3. c)is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or (
  4. d)is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014. Functions of chief executive officer 58. The chief executive officer shall— (
  5. a)carry on and manage, and control generally, the administration and business of the MARA in accordance with the objectives referred to in section 47
(2)(b), (
  1. b)perform such other functions as may be assigned to him or her under this Act or any other enactment or as may be delegated to him or her by the Board (M), and (
  2. c)provide the Board (M) with such information (including financial information) relating to the performance of his or her functions and the implementation of the objectives referred to in section 47
(2)(b) as the Board (M) may require. Delegation of functions 59.
(1)(
  1. a)Subject to paragraph (c), the chief executive officer may delegate any of his or her functions under section 58 in writing to a member of staff of the MARA, which member shall be specified by name, grade, position or otherwise. (
  2. b)Without prejudice to the generality of paragraph (a), the chief executive officer may exercise his or her power under that paragraph by delegating all of his or her functions under section 58 to a single member of staff of the MARA to be performed by that member of staff during any period or periods when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform such functions. (
  3. c)The Board (M) may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under paragraph (
  4. a)and the chief executive officer shall comply with such directions.
(2)Any function delegated under this section to a member of staff of the MARA shall be performed by the member under the general direction and control of the chief executive officer and in compliance with such directions, limitations and guidelines as may be specified by the chief executive officer.
(3)The delegation of a function does not preclude the chief executive officer from performing the function.
(4)The chief executive officer may— (
  1. a)vary the delegation of a function under this section, or (
  2. b)revoke the delegation.
(5)On varying or revoking the delegation of a function, the chief executive officer shall, as soon as is practicable, inform each member of staff of the MARA to whom the function was delegated of its variation or revocation. Accountability of chief executive officer to committees of Houses of Oireachtas 60.
(1)Subject to subsection
(2), the chief executive officer shall, at the request in writing of a Committee, attend before it to give account of the general administration of the MARA.
(2)The chief executive officer shall not be required to give account before a Committee for any matter which is or has been, or may be at a future date, the subject of proceedings before a court or tribunal in the State.
(3)Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection
(2)applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.
(4)Where the chief executive officer has informed a Committee of this opinion in accordance with subsection
(3)and the Committee does not withdraw the request referred to in su

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