(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 subsection (1) in so far as it relates to the subject matter of the opinion— (a) the chief executive officer may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or (b) the Chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter.
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(5)Pending the determination of an application under subsection (4), the chief executive officer shall not attend before the Committee to give account for the matter that is the subject of the application.
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(6)If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chief executive officer shall attend before the Committee to give account for the matter.
\n
(7)In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
\n
(8)With the permission of the Chairperson of a Committee making the request under subsection (1), either— (a) the chairperson of the Board (M), or (b) an employee of the MARA nominated by the chief executive officer, may attend before the Committee in place of the chief executive officer to give an account of the general administration of the MARA, and in that case a reference in subsections (2) to (7) to the chief executive officer shall be read as including a reference to the person attending in his or her place.
\n
(9)In this section, “Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than— (a) the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or (b) a subcommittee of a committee referred to in paragraph (a).
\n
Appearance of chief executive officer before Committee of Public Accounts 61. (1) The chief executive officer shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to that Committee in relation to— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the MARA is required by or under this Act or another enactment to prepare, (b) the economy and efficiency of the MARA in the use of its resources, (c) the systems, procedures and practices employed by the MARA for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the MARA referred to in a special report of the Comptroller and Auditor General under section 11
\n
(2)of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
\n
(2)In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of— (a) any policy of the Government or of a Minister of the Government, or (b) the objectives of such a policy.
\n
Membership of either House of Oireachtas or European Parliament 62. (1) A person is not eligible for appointment as the chief executive officer if the person is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (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 (d) elected or co-opted as a member of a local authority.
\n
(2)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for being the chief executive officer.
\n
Acting chief executive officer 63. (1) Subject to subsection (2), the Minister may appoint such other member of staff of the MARA to perform the functions of the chief executive officer during— (a) any suspension from office of the chief executive officer, or (b) any vacancy in the office of chief executive officer (including any such vacancy occurring before the appointment of the first chief executive officer).
\n
(2)The Minister may at any time terminate an appointment under this section.
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Chapter 5
\n
Staff of MARA and other resources available to MARA Staff of MARA, etc.
\n
64.(1) The MARA may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the MARA as it may determine.
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(2)(a) The terms and conditions of service of a member of the staff of the MARA and the grade at which he or she serves shall be such as may be determined by the MARA with the consent of the Minister and the Minister for Public Expenditure and Reform. (b) The remuneration and allowances for expenses of the members of staff of the MARA are payable by the MARA out of funds at its disposal.
\n
(3)A member of staff of the MARA appointed under subsection (1) shall be a civil servant (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in the Civil Service of the State.
\n
(4)The MARA shall be the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 2005) in relation to its officers.
\n
(5)The MARA may make arrangements with— (a) a public body, or (b) any other person, organisation, group or body (including a company), for the engagement with the MARA on a temporary basis of a person in the service of, or employed by, as the case may be, that public body, or person, organisation, group or body referred to in paragraph (b).
\n
(6)A person who is engaged on a temporary basis with the MARA pursuant to subsection (5) shall be under the direction and control of the MARA during the period of temporary engagement.
\n
(7)The MARA may engage such consultants or advisers as it considers necessary for the performance of its functions.
\n
(8)Fees due to a consultant or adviser engaged under this section are payable by the MARA out of funds at its disposal.
\n
(9)Without prejudice to the generality of subsection (5), the Minister may make available to the MARA, premises, equipment, services and other resources for the performance by the MARA of its functions.
\n
(10)The Minister may, subject to agreement with the relevant chief executive (by whatever name called) of any public body, under the Minister’s aegis, including any local authority, provide for the provision of services under subsection (9).
\n
Chapter 6
\n
Co-operation Provision for co-operation between MARA and public bodies 65. (1) The MARA may enter into an arrangement with a public body for the purposes of— (a) any of the following: (i) facilitating co-operation between the MARA and the body in the performance of their respective functions in so far as they relate to the maritime area; (ii) the body rendering assistance to the MARA in the MARA’s performance of its functions where such assistance is not inconsistent with the body’s functions; (iii) the MARA rendering assistance to the body in the body’s performance of its functions where such assistance is not inconsistent with the MARA’s functions, (b) avoiding duplication of activities by the MARA and the body in so far as those activities relate to the maritime area, (c) ensuring, as far as is practicable, consistency between decisions made or other steps taken by the MARA and the body in so far as any part of those decisions or steps consists of or relates to the maritime area, (d) enabling the MARA to be consulted in relation to any decisions by the body which affect users or proposed users of the maritime area, or (e) where appropriate, conducting joint studies or analyses of matters relating to the maritime area, and each such arrangement that is entered into is referred to in this section as a “co-operation agreement”.
\n
(2)A co-operation agreement may include any or all of the following provisions: (a) enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions; (b) enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter; (c) requiring each party to consult with any other party before performing any functions in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues concerning the maritime area or users or proposed users of the maritime area that are identical to one another or are within the same category of such an issue, being a category specified in the co-operation agreement.
\n
(3)A co-operation agreement may be varied by the parties concerned.
\n
(4)The MARA shall give the Minister and any other appropriate Minister a copy of every co-operation agreement (including any variation of the agreement) that has been made within one month after the agreement (or the variation of it) has been made.
\n
(5)A co-operation agreement, or any variation made to it, shall be in writing and, as soon as is practicable after the agreement or variation has been made and given to the Minister and any other appropriate Minister, each of the parties shall arrange for it to be published on its own website.
\n
(6)If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (2)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.
\n
(7)A failure by the MARA or a public body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.
\n
(8)In this section— “appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the public body concerned; “party” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are two or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate.
\n
Chapter 7
\n
Corporate strategy, accounts and annual reports of MARA Corporate strategy of MARA 66. (1) The MARA shall prepare a statement of strategy within 12 months of the establishment day and thereafter not earlier than six months before and not later than the expiration of each subsequent period of three years following that day.
\n
(2)The statement of strategy shall be prepared on the basis of an organisational wide strategic approach encompassing the functions and principal activities of the MARA and shall include: (a) a statement setting out the approach taken in respect of each of the MARA’s functions referred to in section 43
\n
(1); (b) a statement of the principal activities of the MARA; (c) the objectives and priorities for each of the principal activities and strategies for achieving those objectives; (d) the manner in which the MARA proposes to assess its performance in respect of each such activity, taking account of indicators which shall be identified by the MARA and of the need to work towards best practice in service delivery and in the general operation of the MARA; (e) human resources activities (including training and development) to be undertaken for the staff of the MARA; (f) the organisational structure of the MARA, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the statement of strategy; (g) such other matters as the MARA considers necessary.
\n
(3)Within three months of the preparation of the statement of strategy for the purposes of subsection (1), the MARA shall submit copies of the statement to the Minister and the Minister shall, as soon as is practicable after those copies are submitted to him or her, cause copies of the statement to be laid before each House of the Oireachtas.
\n
Accounts of MARA 67. (1) The MARA shall keep in such form as may be approved by the Minister all proper and usual accounts of money received or expended by it and of all financial transactions undertaken in the performance of its functions.
\n
(2)The Board (M) shall, in respect of each financial year, cause to be prepared proper accounts of all income and expenditure and property, credits and liabilities of the MARA.
\n
(3)The financial year of the MARA shall be the period of 12 months ending on the 31st day of December in any year, commencing on the establishment day except that, if the establishment day is a day other than 1 January, the first financial year of the MARA shall be the period commencing on the establishment day and ending on and including the next 31st day of December.
\n
(4)The statement of accounts of the MARA for each financial year shall, as soon as may be after the end of the financial year, be prepared and the accounts of the MARA shall be submitted to the Comptroller and Auditor General for audit, as soon as is practicable, and not later than three months after the end of the financial year to which the accounts relate.
\n
(5)Within one month of the Comptroller and Auditor General issuing an audit certificate for the accounts of the MARA, a copy of— (a) the accounts, and (b) the report of the Comptroller and Auditor General on the accounts, shall be presented to the Minister who, within two months after their receipt, shall cause copies thereof to be laid before each House of the Oireachtas.
\n
Annual report of MARA 68. (1) Subject to subsections (2) and (4), the MARA shall, not later than 30 June in each year, prepare and adopt, and submit to the Minister, a report in writing (in this section referred to as the “annual report”) on its activities during the immediately preceding calendar year.
\n
(2)The first annual report shall be prepared in respect of the period beginning on and including the establishment day and ending on and including 31 December of the immediately succeeding calendar year.
\n
(3)The Minister shall, within 21 days of receiving the annual report, cause copies of it to be laid before each House of the Oireachtas.
\n
(4)The MARA shall include in the annual report the statement that, but for section 1E of the Act of 1933, the relevant Minister, within the meaning of that section, would have been required by section 20 of that Act to lay before each House of the Oireachtas and, for that purpose, the references in such section 20 to the appropriate Minister shall be construed as references to the MARA to the extent that such references are references to such relevant Minister.
\n
Chapter 8
\n
Miscellaneous Duty of MARA to give information 69. (1) The MARA shall— (a) monitor and keep under review occurrences and developments concerning matters relating to its functions, and (b) without delay, give the Minister information regarding— (i) any occurrence or development that, in the opinion of the MARA, the Minister is likely to consider significant for the performance of his or her functions (whether under this Act or otherwise), or (ii) any other occurrence or development that falls within a class of occurrences or developments of public interest or concern that has been specified in writing by the Minister.
\n
(2)The Minister may issue guidelines in relation to the giving of information under subsection (1) and, if he or she does so, the MARA shall comply with those guidelines.
\n
(3)The MARA shall submit, when required by the Minister to do so, a report on any matters connected with the functions of the MARA and specified in writing by the Minister.
\n
(4)A report under subsection (3) shall— (a) address matters of general or specific concern, and (b) be made in such form and within such period, as specified in the requirement.
\n
Disclosure of confidential information 70. (1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained while performing functions as— (a) a member of the Board (M) or a committee of the Board (M), (b) a person appointed under section 51
\n
(2), (c) the chief executive officer or any other member of staff of the MARA (including a person who is such a member by virtue of section 64
\n
(5)), (d) a person engaged under section 64
\n
(7)by the MARA as an advisor or consultant, (e) an employee of a person referred to in paragraph (b) or (d), or (f) an authorised officer.
\n
(2)A person does not contravene subsection (1) by disclosing confidential information if the disclosure— (a) is made to or authorised by the MARA, (b) is made to the Minister by or on behalf of the MARA or in compliance with this Act, or (c) is required by law.
\n
Processing of personal data 71. (1) The MARA may process personal data for the purposes of the functions assigned to it by or under this Act or any other enactment.
\n
(2)Such processing shall go no further than is necessary for the carrying out of those functions.
\n
Powers to specify form of document 72. (1) The MARA may specify the form of documents required for the purposes of this Act as it thinks appropriate.
\n
(2)The MARA’s power under subsection (1) may be exercised in such a way as to specify two or more forms of any document (whether in paper or electronic form or both) referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the MARA thinks appropriate.
\n
(3)The form of a document specified under this section shall be— (a) completed in accordance with such directions and instruction as are specified in the document, (b) accompanied by such other documents (including a statutory declaration) as are specified in the document, and (c) if the completed document is required to be provided to— (i) the MARA, (ii) another person on behalf of the MARA, or (iii) any other person, so provided in the manner (if any) specified in the document.
\n
Immunity from suit 73. (1) Civil or criminal proceedings shall not lie in any court against the MARA or a relevant person in respect of any thing said or done in good faith by the MARA or relevant person, as the case may be, in the course of the performance or purported performance of their respective functions under this Act.
\n
(2)In this section, “relevant person” means— (a) a member of the Board (M) or a committee of the Board (M), (b) a person engaged under section 51
\n
(2), (c) the chief executive officer or any other member of staff of the MARA (including a person who is such a member by virtue of section 64
\n
(5)), (d) an authorised officer, or (e) an employee of a person referred to in paragraph (b).
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PART 4
\n
Maritime Area Consent
\n
Chapter 1
\n
Interpretation Interpretation - Part 4 74. (1) In this Part, “fit and proper person” shall be construed in accordance with Schedule 2 .
\n
(2)In sections 85, 88 and 89 , “MAC” includes part of a MAC.
\n
Chapter 2
\n
When MAC is required, etc.
\n
When MAC is required prior to seeking development permission, etc.
\n
75.(1) Subject to subsection (4), where development permission is required for a proposed maritime usage in a part of the maritime area, a person shall not seek, or otherwise have (by whatever means), such permission unless he or she is, in respect of that part, the holder of a MAC for the occupation of that part for the purposes of such usage.
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(2)(a) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 8 of Schedule 3 , a class of maritime usage where he or she is of the opinion that— (i) by reason of the size, nature or limited impact on the maritime area, of maritime usage which falls within that class, the undertaking of such usage would not offend against the principles of proper management of the maritime area and sustainable usage of the maritime area, or (ii) the maritime usage is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation). (b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations.
\n
(3)On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.
\n
(4)Subsection (1) shall not apply to any proposed maritime usage specified in Schedule 3 .
\n
When MAC is required but not development permission, etc.
\n
76.(1) Subject to subsection (4), where development permission is not required for a proposed maritime usage in a part of the maritime area, a person shall not undertake such usage unless he or she is, in respect of that part, the holder of a MAC for the occupation of that part for the purposes of such usage.
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(2)(a) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 9 of Schedule 4 , a class of maritime usage where he or she is of the opinion that— (i) by reason of the size, nature or limited impact on the maritime area, of maritime usage which falls within that class, the undertaking of such usage would not offend against the principles of proper management of the maritime area and sustainable usage of the maritime area, or (ii) the maritime usage is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation). (b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations.
\n
(3)On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.
\n
(4)Subsection (1) shall not apply to any proposed maritime usage specified in Schedule 4 .
\n
Application for declaration as to whether or not MAC is required, etc.
\n
77.(1) A person may make an application in the specified form, accompanied by the specified fee, to the MARA for a declaration in writing by the MARA as to whether or not the occupation of the part of the maritime area the subject of the application for the purposes of the undertaking of the proposed maritime usage the subject of the application requires a MAC and, if so, whether section 75 or 76 applies.
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(2)Where an application under subsection (1) is made to the MARA, it may, by notice in writing given to the applicant, require the applicant to provide, whether in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to make the declaration sought by the application.
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(3)The MARA shall, to the extent that it is practicable to do so, make the declaration sought by an application under subsection (1), and give a copy of the declaration to the applicant, not later than 30 days after the day on which the MARA is satisfied that the applicant has complied with all the requirements of or under this section.
\n
Fees for certain applications 78. (1) Subject to subsections (2) and (3), the Minister may by regulations specify the fees to be paid to the MARA for relevant applications and, for that purpose— (a) different amounts may be specified for such applications which fall within different classes of such applications specified in the regulations, and (b) the regulations may specify the circumstances in which— (i) an exemption from the payment of such a fee applies, or (ii) a waiver, remission or refund (whether in whole or in part) of such fee applies.
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(2)The Minister shall, when specifying, in regulations made under subsection (1), the fees to be paid to the MARA for relevant applications have regard to the administrative costs associated with processing applications, including the costs of determining whether the requirements for making the relevant applications have been met.
\n
(3)On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the MARA.
\n
(4)In this section, “relevant applications”, means— (a) applications under section 77 , (b) MAC applications, (c) applications under section 86
\n
(5), or (d) applications under section 88 .
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Chapter 3
\n
Grant or refusal of MAC and related matters Application for grant of MAC 79. (1) Subject to subsection (4), a person may make an application in the specified form, accompanied by the specified fee, to the MARA for the grant of a MAC for the occupation of the part of the maritime area the subject of the application for the purposes of the undertaking of the proposed maritime usage the subject of the application.
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(2)Without prejudice to the generality of section 72 or subsection (3), a MAC application may require any information to be provided in relation to any of the matters to which the MARA shall have regard to by virtue of section 80
\n
(1).
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(3)Where a MAC application is made to the MARA, it may, by notice in writing given to the applicant, require the applicant to provide in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to assist it to determine the application.
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(4)A person who is a body corporate may not make a MAC application unless it is— (a) a company, (b) an EEA company within the meaning of Part 21 of the Act of 2014, (c) a public body, or (d) engaged principally in non-commercial activities or works.
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(5)For the avoidance of doubt and notwithstanding any other enactment, the MARA is not required to carry out, for the purposes of determining a MAC application under section 81 — (a) a screening for appropriate assessment or appropriate assessment, or (b) a screening for environmental impact assessment (within the meaning of section 176A of the Act of 2000) or environmental impact assessment.
\n
Criteria to which MARA shall have regard in determining MAC application 80. (1) Without prejudice to the generality of section 81
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(1)(b) and subject to section 103 , the MARA shall, in determining a MAC application under section 81 , have regard to the criteria specified in Schedule 5 in so far as such criteria are relevant to the occupation of the part of the maritime area the subject of the application for the purposes of the undertaking of the proposed maritime usage the subject of the application.
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(2)(a) Subject to subsections (3) and (4), the Minister may by regulations specify, for the purposes of paragraph 11 of Schedule 5, additional criteria that the MARA shall have regard to in determining a MAC application under section 81 . (b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area or such maritime usages as may be specified in the regulations.
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(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 additional criteria: (a) whether, in the opinion of the Minister, the criteria assist in the furtherance of the objectives of the National Marine Planning Framework; (b) whether, in the opinion of the Minister, the criteria assist in ensuring that the holder of a MAC and the State comply with their respective relevant obligations under the Convention and the Act of 2021; (c) whether, in the opinion of the Minister, the criteria assist in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both.
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(4)On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.
\n
Grant or refusal of MAC 81. (1) Subject to subsection (7) and sections 80 and 96 , the MARA shall determine a MAC application by— (a) granting consent to the applicant for the occupation of a specific part of the maritime area for the purposes of the proposed maritime usage the subject of the application and subject to such conditions (if any) attached to the consent by virtue of section 82
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(1), as the MARA thinks fit, or (b) giving a notice in writing to the applicant refusing to grant a MAC.
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(2)The MARA shall, to the extent that is practicable to do so, determine a MAC application not later than 90 days after the day on which the MARA is satisfied that the applicant has complied with all the requirements of or under this Part in so far as they relate to the application.
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(3)Where the MARA— (a) grants a MAC for part only of the MAC sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), (b) grants a MAC to which conditions are attached by virtue of section 82
\n
(1), or (c) refuses to grant a MAC, the MARA shall, at the same time, give the applicant notice in writing of the reasons for the partial grant, conditions or refusal, as the case may be.
\n
(4)A MAC shall include the following at a minimum: (a) particulars of the name and address of the holder of the MAC; (b) particulars of the maritime usage the subject of the MAC and the part of the maritime area where the usage will be undertaken; (c) particulars of the period (if any) to which the MAC relates (including any time limits or other restrictions to apply during that period); (d) the conditions (if any) attached to the MAC by virtue of section 82
\n
(1).
\n
(5)Where section 75
\n
(1)applies, the grant of a MAC does not confer on the holder of the MAC any estate, right or interest in or over the part of the maritime area the subject of the MAC unless and until the holder obtains— (a) development permission for the maritime usage the subject of the MAC, and (b) all other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) required under any other enactment in order to enable the holder to undertake such usage.
\n
(6)Where section 76
\n
(1)applies, the grant of a MAC does not confer on the holder of the MAC any estate, right or interest in or over the part of the maritime area the subject of the MAC unless and until the holder obtains all other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) required under any other enactment in order to enable the holder to undertake the maritime usage the subject of the MAC.
\n
(7)(a) Paragraph (b) applies where the MARA is minded to determine a MAC application by— (i) granting a MAC to the applicant but— (I) for part only of the MAC sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), or (II) with conditions attached to the consent by virtue of section 82
\n
(1), or (ii) refusing to grant a MAC. (b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the applicant stating— (i) how the MARA is minded to determine the application as specified in paragraph (a) and setting out the MARA’s reasons why it is so minded, and (ii) that the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a determination under subsection (1) following the expiration of that period.
\n
(8)For the avoidance of doubt, it is hereby declared that subsection (7) only applies once to the same MAC application.
\n
Conditions attached to MAC 82. (1) The MARA may attach to a MAC one or more than one condition which falls within one or more than one of the types of conditions specified in Part 1 of Schedule 6.
\n
(2)Subject to subsection (5), the conditions specified in
\n
Part 2
\n
of Schedule 6 shall be deemed to be attached to each MAC.
\n
(3)Subject to subsections (4) to (6), the Minister may by regulations specify, for the purposes of paragraph 23 of
\n
Part 1
\n
of Schedule 6 or paragraph 25 of Part 2 of that Schedule, additional types of conditions which may be attached, or be deemed to be attached, as the case may be, to a MAC.
\n
(4)Where the Minister makes regulations under subsection (3), 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 additional types of conditions: (a) whether the condition assists in the furtherance of the objectives of the National Marine Planning Framework; (b) whether the condition assists in ensuring that the holder of a MAC and the State comply with their respective relevant obligations under the Convention and the Act of 2021; (c) whether the condition assists in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both; (d) whether the condition assists in ensuring that the holder of a MAC fulfils his or her obligations under this Act in relation to the MAC.
\n
(5)A condition specified for the purposes of paragraph 25 of
\n
Part 2
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of Schedule 6 by virtue of regulations made under subsection (3) shall not be deemed to be attached to a MAC granted before the condition was so specified.
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(6)On and after the establishment day, the Minister shall not make regulations under subsection (3) except after consultation with the MARA.
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Provisions supplementary to grant of MAC 83. (1) The MARA shall, in granting a MAC, specify, in the grant, whether the specific part of the maritime area the subject of that MAC, as the MARA thinks appropriate— (a) is for the exclusive use of the maritime usage the subject of the MAC, (b) is not for the exclusive use of such usage, or (c) may or may not be for the exclusive use of such usage contingent on circumstances that may arise after the granting of the MAC.
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(2)A provision of the grant of a MAC that purports to provide for the renewal of the MAC shall be void.
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(3)
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Section 82
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shall not be construed to prejudice the generality of any power under the Act of 2000 to attach conditions to a development permission.
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Notification of grant or refusal of MAC, etc.
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84.(1) The MARA shall, as soon as is practicable after it grants a MAC, publish a notice on its website stating, at a minimum— (a) the name of the holder of the MAC, (b) the address (which may be an electronic address) of the holder, (c) if applicable, the period for which the MAC will continue before it expires, (d) if applicable, the occurrence of the event upon which the MAC will expire, (e) the purposes for which the MAC has been granted, (f) a spatial representation of the specified part of the maritime area the subject of the MAC, (g) the date that the MARA granted the MAC, (h) the conditions (if any) attached to the MAC by virtue of section 82
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(1), and (i) the levy or levies that the holder of the MAC is required to pay to the MARA in relation to the MAC.
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(2)Where section 81
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(3)applies, the MARA shall, at the same time as it gives the notice referred to in that section to the applicant concerned or as soon as is practicable thereafter, publish the notice on its website.
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(3)The MARA shall, at the same time as it publishes a notice on its website under this section, also publish a notice on its website stating— (a) that a person may question the validity of a decision of the MARA to which the first-mentioned notice relates by way of an application for judicial review in accordance with Chapter 13, and (b) where practical information on the review mechanism can be found.
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(4)The MARA shall, as soon as is practicable after it refuses to grant a MAC, publish on its website a copy of the notice concerned referred to in section 81
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(3).
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Chapter 4
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Assignment or amendment of MAC Assignment of MAC 85. (1) This section applies where the holder of a MAC (in this section referred to as the “proposed assignor”) wishes to assign the MAC to another person (in this section referred to as the “proposed assignee”).
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(2)The proposed assignor and the proposed assignee shall make a joint MAC application to the MARA for the MARA’s consent in writing to the assignment and, in the case of such application, section 79 and the other provisions of this Part (including section 84 ) applicable to a MAC application and its determination under section 81 shall, with all necessary modifications, apply accordingly.
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(3)The assignment of a MAC purporting to be effected without the consent referred to in subsection (2) shall be void.
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(4)References in this Act to the grant of a MAC shall include references to the assignment of a MAC in any case where the MAC has been assigned or reassigned in accordance with this section.
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Material amendment to MAC 86. (1) Subject to sections 96 and 97 , the holder of a MAC who wishes to amend the MAC in any material way (including, if applicable, in order to obtain, or assist in the obtainment of, development permission for the maritime usage the subject of the MAC) shall make a MAC application for such amendment and, in the case of such application, section 79 and the other provisions of this Part (including section 84 ) applicable to a MAC application and its determination under section 81 shall, with all necessary modifications, apply accordingly.
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(2)Subject to subsection (3) and (4), the Minister may by regulations specify classes of amendments to a MAC that are, for the purposes of this section, non-material amendments.
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(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: (a) that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential; (b) that the amendments which fall within the class should not cause any significant erosion of the provisions of the MAC relating to any avoidance or abatement measures.
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(4)On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.
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(5)(a) The holder of a MAC who wishes to make an amendment to the MAC which it considers to be a non-material amendment may make an application in the specified form, accompanied by the specified fee, to the MARA for the MARA to make such amendment to the MAC. (b) Where the MARA is satisfied that the amendment sought is a non-material amendment (including in any case where it is so satisfied by virtue of submissions referred to in paragraph (c) made to it), it shall make the amendment to the MAC and issue the MAC as so amended to the holder and the MAC as so amended shall, on and after the date of such issue and for all purposes, replace the MAC as in force immediately before it was so amended. (c) Where the MARA is not satisfied that the amendment sought is a non-material amendment, it shall, in the interests of procedural fairness, give a notice in writing to the holder stating— (i) the MARA’s reasons why it is not so satisfied, and (ii) that the holder may, if the holder wishes to do so, within the period specified in the notice (being a period of not less than four weeks from the date that the holder receives the notice), make, in view of those reasons only, submissions in writing on those reasons for the MARA’s further consideration before the MARA decides whether or not it is satisfied that the amendment is a non-material amendment. (d) Where submissions referred to in paragraph (c) made before the expiration of the period concerned referred to in that paragraph do not satisfy the MARA that the amendment sought is a non-material amendment, or no such submissions are made before the expiration of that period, the MARA shall, as soon as is practicable after that expiration, give the holder notice in writing that the MARA is not satisfied that the amendment sought is a non-material amendment and setting out the reasons why the MARA is not so satisfied. (e) Where paragraph (b) applies, the MARA shall, as soon as is practicable after issuing the MAC, as amended as referred to in that paragraph, to the holder, publish on its website, at a minimum, sufficient particulars of the amendment made to the MAC to enable members of the public to understand the nature of the amendment and sufficient particulars of the MAC to readily identify it. (f) Where paragraph (d) applies, the MARA shall, as soon as is practicable after it gives the notice referred to in that paragraph to the holder, publish on its website, at a minimum, a copy of the notice.
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(6)(a) This subsection applies where a maritime usage the subject of a MAC has development permission. (b) Subject to paragraph (c), the MARA shall specify in the amendment concerned made pursuant to subsection (1) that it has no effect unless and until the applicant has given the amendment to the Board (P) or CPA, as appropriate, and— (i) the Board (P) or CPA has stated in writing that a new or amended development permission is not required to take account of such amendment, or (ii) in any other case, the new or amended development permission is granted to take account of such amendment. (c) Paragraph (b) shall not be construed to prevent the Board (P) or CPA, as the case may be, that is determining the application for the new or amended development permission from taking the amendment into account for the purposes of such determination.
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(7)(a) This subsection applies where a maritime usage the subject of a MAC does not require development permission. (b) Subject to paragraph (c), the MARA shall specify in the amendment concerned made pursuant to subsection (1) that it has no effect unless and until the applicant has given the amendment to the Board (P) or CPA, as appropriate, and— (i) the Board (P) or CPA has stated in writing that a development permission is not required to take account of such amendment, or (ii) in any other case, a development permission is granted to take account of such amendment. (c) Paragraph (b)(ii) shall not be construed to prevent the Board (P) or CPA, as the case may be, that is determining the application for development permission from taking the amendment into account for the purposes of such determination.
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(8)In this section— “material amendment”, in relation to a MAC, means any amendment to the MAC other than a non-material amendment; “non-material amendment”, in relation to a MAC, means an amendment which falls within a class of amendments specified in regulations made under subsection (2).
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Provisions to ensure consistency between MAC and planning permission 87. (1) This section applies where a maritime usage the subject of a MAC has planning permission (including any case where such usage has any further planning permission subsequent to the initial planning permission).
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(2)Where the MARA receives the planning permission, it shall, as soon as is practicable thereafter, review the MAC and the permission (including any conditions attached thereto) to ascertain whether or not any amendments are required to be made to the MAC to ensure consistency between the MAC and the permission.
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(3)Where, following a review under subsection (2), the MARA is satisfied that no amendments referred to in that subsection are required, it shall, as soon as is practicable— (a) give notice in writing to that effect to the holder of the MAC, and (b) publish that notice on its website together with sufficient particulars of the MAC to readily identify it.
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(4)Where, following a review under subsection (2), the MARA is satisfied that amendments referred to in that subsection are required, it shall, as soon as is practicable— (a) make the amendments to the MAC and issue the MAC as so amended to the holder, and (b) publish a notice on its website stating that the MAC has been amended pursuant to this section together with sufficient particulars of the amendments to enable members of the public to understand the nature of the amendments and sufficient particulars of the MAC to readily identify it.
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(5)The MARA shall, to the extent that it is practicable to do so, perform its functions under this section in relation to the MAC and the planning permission within 30 days after the date on which it receives the permission.
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(6)The MAC as amended and issued under subsection (4) shall, on and after the date of such issue and for all purposes, replace the MAC as in force immediately before it was so amended.
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Chapter 5
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Surrender of MAC Surrender of MAC 88. (1) The holder of a MAC may make an application in the specified form, accompanied by the specified fee, to the MARA for the surrender of the MAC.
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(2)Where an application under subsection (1) is made to the MARA, it may, by notice in writing given to the applicant, require the applicant to provide, in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to assist it to determine the application under section 89 .
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Determination of application under section 88 89. (1) The MARA shall determine an application under section 88
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(1)by— (a) subject to subsection (7), if the applicant has satisfied the MARA that all the obligations of the applicant arising from being the holder of the MAC concerned have been discharged, consenting to the surrender of the MAC by notice in writing given to the applicant specifying the date on which the surrender shall take effect, (b) in any other case, giving a notice in writing to the applicant (subsequent to the applicant’s response (if any) to a notice under paragraph (c) given to the applicant) refusing the application and specifying the MARA’s reasons for the refusal, or (c) in the interests of procedural fairness, giving a notice in writing to the applicant stating that— (i) the MARA is minded to refuse to grant the application for the reasons specified in the notice, and (ii) if the applicant wishes to do so, he or she may, within the period specified in the notice (being a period reasonable in all the circumstances of the case) provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a decision under paragraph (a) or (b) in respect of the application.
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(2)The MARA shall, as soon as is practicable after it consents to the surrender of a MAC, publish a notice on its website stating, at a minimum: (a) the name of the holder or former holder of the MAC; (b) the date on which the surrender was, or will be, effected; (c) sufficient particulars of the MAC to readily identify it.
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(3)Where subsection (1)(b) applies, the MARA shall, at the same time as it gives the notice referred to in that subsection to the applicant concerned or as soon as is practicable thereafter, publish the notice on its website.
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(4)The MARA shall, at the same time as it publishes a notice on its website under this section, also publish a notice on its website stating— (a) that a person may question the validity of a decision of the MARA to which the first-mentioned notice relates by way of an application for judicial review in accordance with Chapter 13, and (b) where practical information on the review mechanism can be found.
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(5)The surrender of a MAC purporting to be effected without the consent referred to in subsection (1)(a) shall be void.
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(6)The MARA shall, as soon as is practicable after it refuses to consent to the surrender of a MAC, publish on its website a copy of the notice concerned referred to in subsection (1)(b).
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(7)The reference to obligations in subsection (1)(a) includes obligations not only under this Act but also obligations that arise under another enactment, including those arising under the development permission (if any) concerned.
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(8)For the avoidance of doubt, it is hereby declared that paragraph (c) of subsection (1) only applies once to the same application under section 88
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(1).
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Chapter 6
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Certain persons who are not individuals may be declared fit and proper MARA may declare person, etc., who is not individual to be fit and proper person 90. (1) Subject to subsections (2) and (3), the MARA may, after consultation with the Minister, by order declare that— (a) a person (not being an individual) specified in the order is a fit and proper person to be granted and to hold— (i) any MAC, or (ii) a MAC which falls within a class of MAC specified in the order, or (b) a person who falls within a class of persons (not being individuals) specified in the order is a fit and proper person to be granted and to hold— (i) any MAC, or (ii) a MAC which falls within a class of MACs specified in the order.
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(2)The MARA shall, in exercising its power under subsection (1)(a) in relation to a person, have regard to the following: (a) the legal nature of the person; (b) the statutory functions (if any) of the person; (c) the purposes for which the person has made or may make a MAC application.
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(3)The MARA shall, in exercising its power under subsection (1)(b) in relation to a class of persons, have regard to the following: (a) the legal nature of the persons who fall within the class; (b) the statutory functions (if any) of the persons who fall within the class; (c) the purposes for which the persons who fall within the class have made or may make a MAC application.
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Chapter 7
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Levies Definition 91. In this Chapter, “levy framework” shall be construed in accordance with section 92
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(1).
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Levy framework 92. (1) Subject to subsections (2) and (3), the MARA shall, as soon as is practicable after the establishment day and with the consent of the Minister for Public Expenditure and Reform, establish a framework (in this Chapter referred to as the “levy framework”) in accordance with which a levy shall be paid to the MARA by the holder of a MAC for the occupation of the part of the maritime area the subject of the MAC for the purposes of the undertaking of the maritime usage the subject of the MAC (including any potential such usage where, for whatever reason, the usage is yet to be undertaken).
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(2)The levy framework may provide for any of the following: (a) different levies for different classes of MACs, different classes of maritime usages the subject of MACs, different parts of the maritime area the subject of MACs or any combination thereof; (b) levies calculated by reference to— (i) specified amounts, (ii) a range of amounts within which the levies concerned must fall, or (iii) formulae; (c) levies that are required to be paid upon the occurrence of a specified event; (d) the circumstances in which levies may be specified at a nil or token amount; (e) in the case of MACs to which section 75 applies— (i) levies that apply between the grant of the MACs and before the development permission concerned is granted (including different levies that apply by reference to different parts of the length of time effluxing between the grant of the MAC concerned and the grant of the development permission concerned), and (ii) levies that apply on and after the development permission concerned is granted.
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(3)The MARA shall, in establishing the levy framework, have regard to the following: (a) the nature of a class of maritime usages for which MACs may be granted; (b) the degree of utilisation of parts of the maritime area that may be required by a class of maritime usages for which MACs may be granted (including the degree to which such utilisation may exclude the use by other persons of such parts); (c) the likely profit or other benefit that may be gained by the holders of a class of MACs from the maritime usages the subject of those MACs; (d) the likely public benefit to be gained from a class of maritime usages for which MACs may be granted; (e) the nature of potential holders, or classes of potential holders, of MACs; (f) the financial means of potential holders, or classes of potential holders, of MACs; (g) the marine planning policy statement to the extent (if any) that the statement is relevant to levies; (h) guidelines issued under section 7 to the extent (if any) that the guidelines are relevant to levies; (i) policy directives issued under section 8 to the extent (if any) that the directives are relevant to levies; (j) the outcomes of any processes that the MARA has undertaken for the purposes of establishing the levy framework; (k) the extent that there needs to be a fair and reasonable return to the State for the use, by the holders of MACs, of the maritime area.
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(4)The MARA shall, as soon as is practicable after it establishes the levy framework, publish the framework on its website.
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(5)(a) The MARA shall keep the levy framework under review and may amend (including amend by way of replacing) it as it thinks fit. (b) Subsections (1) to (4) shall, with all necessary modifications, apply to an amendment to the levy framework as they apply to the levy framework. (c) A levy framework amended or replaced under this subsection shall, unless otherwise specified in the framework, apply to the holders of MACs granted before the framework was amended or replaced as it applies to the holders of MACs granted on or after such amendment or replacement.
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(6)Without prejudice to the generality of subsection (5), the MARA shall not grant a MAC to the applicant for the MAC before the applicant knows the levy or levies that the applicant will be required to pay, under the levy framework as in force on the day that the MARA grants the MAC, to the MARA if the MAC is so granted.
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Competitive process 93. (1) The MARA may, with the consent of the Minister for Public Expenditure and Reform, use a competitive process (whether by auction or otherwise) to determine the levy or levies to be paid by the holder of the MAC concerned to the MARA where— (a) there are, or are expected to be, two or more MAC applications (whether or not relating to the same part of the maritime area) and the MARA is of the opinion that the grant of one or more than one of those applications would exclude the possibility of granting one or more than one of the other applications, (b) the part of the maritime area concerned is the subject of— (i) a MSP which falls within section 16
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(3)(b), or (ii) a DMAP, or (c) both paragraphs (a) and (b) apply.
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(2)The MARA may, under section 92 , amend the levy framework to take account of— (a) competitive processes in general referred to in subsection (1), or (b) a particular competitive process referred to in subsection (1), as the MARA thinks fit in all the circumstances of the case.
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(3)A competitive process referred to in subsection (1) shall be conducted in a manner which is open, transparent, competitive, non-discriminatory and cost effective.
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When levy framework applies to MAC 94. Subject to section 92
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(5)(c), the levy framework that applies to a MAC shall be the levy framework as in force on the day on which the MARA grants the MAC.
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Chapter 8
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Rehabilitation of maritime area and emergency works Definitions - Chapter 8 95. In this Chapter and Schedule 6— “rehabilitate”, in relation to a part of the maritime area, means— (a) a treatment for the part in such a way as to either— (i) restore the part to a satisfactory state, with particular regard to the seabed, water quality, wildlife, natural habitats, landscape and seascape, or (ii) restore the part to a satisfactory state to enable it to be reused for the purpose for which it was previously used (and whether or not pursuant to a MAC) or for another purpose and, consistent with such purpose, with particular regard to the seabed, water quality, wildlife, natural habitats, landscape and seascape, and (b) after the restoration referred to in paragraph (a)(i) or (ii) has been completed and, if appropriate, to maintain, for a period specified in the rehabilitation schedule concerned, the part so that it continues to be in the satisfactory state referred to in that paragraph; “rehabilitation schedule”, in relation to a MAC, means the schedule referred to in section 96
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(4)or (6) attached, or to be attached, to the MAC.
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Obligations on holder of MAC in relation to rehabilitation of maritime area 96. (1) The holder of a MAC shall, before the expiration (if any) of the MAC, rehabilitate that part of the maritime area the subject of the MAC, and any other part of the maritime area, adversely affected by the maritime usage the subject of the MAC.
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(2)Without prejudice to the generality of the obligation under subsection (1) on the holder of a MAC to rehabilitate a part of the maritime area, that obligation may be or include one or more than one of the following: (a) the decommissioning of infrastructure; (b) the removal of infrastructure; (c) the partial removal of infrastructure; (d) the re-use of infrastructure for the same or another purpose; (e) the burying or encasing of infrastructure; (f) the removal of any deposited or waste material.
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(3)The obligation under subsection (1) does not relieve the holder of a MAC from applying for and obtaining any other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other authorisation) required under this Act or any another enactment in order to enable the holder to discharge that obligation.
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(4)Subject to subsection (5), the MARA shall not grant a MAC to the applicant for the MAC unless there is a schedule attached to the MAC setting out particulars of how the applicant, if granted the MAC, will discharge the obligation under subsection (1), including particulars of the following: (a) the proposed programme of rehabilitation; (b) the proposed date, or the occurrence of the event, on which the programme will start to be implemented and (if no ongoing maintenance is required by the programme) the proposed date on which the programme will have been fully implemented; (c) the estimated costs of the programme; (d) the expected timelines for applying for and obtaining the other authorisations referred to in subsection (3) required in order to enable the applicant to discharge that obligation.
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(5)Subsection (4) shall not apply to a MAC to which section 75
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(1)applies.
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(6)(a) The holder of a MAC to which section 75
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(1)applies shall, not later than three months before undertaking any development the subject of such permission and which is for the purposes of the maritime usage the subject of the MAC, make an application under section 86
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(1)to amend the MAC by way of attaching a schedule to the MAC setting out the particulars specified in paragraph (b) for the purposes of this paragraph. (b) The particulars specified for the purposes of paragraph (a) are particulars of how the holder of the MAC will discharge the obligation under subsection (1) (being particulars not inconsistent with the development permission referred to in paragraph (a)), including particulars of the following: (i) the proposed programme of rehabilitation; (ii) the proposed date, or the occurrence of the event, on which the programme will start to be implemented and (if no ongoing maintenance is required by the programme) the proposed date on which the programme will have been fully implemented; (iii) the estimated costs of the programme; (iv) the expected timelines for applying for and obtaining the other authorisations referred to in subsection (3) required in order to enable the holder of the MAC to discharge that obligation.
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Power of MARA to require holder of MAC to make application under section 86 97. (1) Subject to subsection (4), this section applies where the MARA is of the opinion, subsequent to the grant of a MAC (or, where section 96 applies, subsequent to the attachment to the MAC of the rehabilitation schedule concerned) but not earlier than the anniversary of that grant (or, where section 96 applies, the anniversary of the attachment to the MAC of the rehabilitation schedule concerned) specified in the MAC for the purposes of this section, that due to— (a) technological developments relating to the rehabilitation of marine environments, (b) changes in what is accepted as best practice relating to the rehabilitation of marine environments, (c) submissions or recommendations made to the MARA by interested parties, organisations and other bodies concerned with the rehabilitation of marine environments, or (d) any combination of matters falling within any of paragraphs (a) to (c), the rehabilitation schedule is no longer appropriate.
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(2)The MARA may, by notice in writing given to the holder of the MAC, require the holder to make an application under section 86
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(1), within the period specified in the notice (being a period reasonable in all the circumstances of the case) to amend or replace the rehabilitation schedule to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1).
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(3)The holder of the MAC shall comply with the notice given to the holder under subsection (2).
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(4)The references to anniversary in subsection (1) may include a series of anniversaries, whether or not with different periods of time passing between one anniversary and the next anniversary in any part, or parts, of the series.
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Emergency works in maritime area 98. (1) A relevant person shall not be required to be the holder of a MAC in respect of relevant works undertaken, or to be undertaken, in the maritime area for the purposes of protecting life or property in an emergency situation (including such works relating to sea defences).
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(2)(a) Paragraph (b) applies where infrastructure in the maritime area— (i) is or was lawfully in that area entirely or partly pursuant to a MAC, and (ii) is, for whatever reason, damaged or destroyed. (b) A person shall not be required to be the holder of a further MAC in order to undertake relevant works in relation to the infrastructure.
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(3)Neither subsection (1) nor subsection (2) shall be construed to relieve a relevant person from applying for and obtaining any authorisations (whether the authorisation takes the form of a grant of a licence, consent, approval or any other authorisation) required under this Act or any other enactment in order to enable the person to undertake relevant works.
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(4)Subject to subsections (5) to (7), the Minister may by regulations specify, for the purposes of this section, any of the following matters: (a) the works to which this section applies; (b) the person who may undertake relevant works or relevant works falling within a class of relevant works specified in the regulations; (c) the consultation that must be carried out by a relevant person before undertaking the relevant works; (d) the notifications that a relevant person must give upon his or her completion of the relevant works; (e) the indemnifications that a relevant person must give the MARA or a CPA before undertaking relevant works; (f) the procedures for obtaining a MAC in respect of the relevant works after the works have been carried out where, but for this section, those works would have required a MAC before being undertaken.
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(5)The Minister shall, in making regulations under subsection (4), have regard to— (a) the nature or gravity, or both, of emergency situations likely to arise in the maritime area and pose a threat to life or property, or both, (b) the degree of urgency with which those emergency situations need to be dealt with and, concomitant to that, the need to avoid any unnecessary delay in dealing with those situations, and (c) the expertise and experience required of persons to undertake works to promptly and effectively deal with those emergency situations.
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(6)Regulations made under subsection (4) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations.
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(7)On and after the establishment day, the Minister shall not make regulations under subsection (4) except after consultation with the MARA.
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(8)In this section— “relevant person”, in relation to relevant works, means a person specified in regulations made under subsection (4)(b) who may undertake the works; “relevant works” means the works specified in regulations made under subsection (4)(a) to which this section applies.
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Chapter 9
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Privately owned part of maritime area Privately owned part of maritime area, etc.
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99.(1) In this section, “relevant part” means a part of the maritime area that is treated as privately owned by virtue of subsection (2).
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(2)For the purposes of this Act, no part of the maritime area shall be treated at any time as privately owned unless the part is land whose owner is, or is deemed to be, registered under the Registration of Title Act 1964 .
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(3)(a) This Part shall not apply to a proposed maritime usage to be undertaken entirely on a relevant part. (b) Where a proposed maritime usage is to be undertaken entirely on a part of the maritime area that comprises— (i) a relevant part, and (ii) another part that is State-owned, this Act shall apply to the usage to the extent that it is proposed to be undertaken on the part referred to in subparagraph (ii).
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(4)Where on the fixing of a judicial rent under the Land Law Acts a sum was added to or included in such rent for any foreshore or an account of any right or facility or alleged right or facility to or for taking material from any foreshore, the order of the sub-commission or court fixing such rent shall not be evidence, as against the State, of the ownership of such foreshore or of the existence of a right to take such material.
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(5)Neither the taking, during any period however long, from any foreshore of seaweed deposited or washed up thereon by the action of tides, winds and waves or any of them and not rooted or growing thereon, nor the letting or licensing to other persons, during any period however long, of an alleged right to take such seaweed from any foreshore shall, by itself and without more, constitute possession of or be proof of title to such foreshore.
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(6)Where any fee or levy has been paid under this Act that relates to a part of the maritime area that is subsequently shown to have been a relevant part at the time of such payment and which would not have been required to be paid by virtue of that fact, the MARA or the CPA concerned, as appropriate, to whom that fee was paid shall refund the fee or levy to the person who paid it but only to the extent that the fee or levy related to that part.
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(7)Nothing in this section shall be construed to prejudice the application of the Act of 2000 to a proposed maritime usage.
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(8)In this section, “the Land Law Acts ” means the Land Law Acts as defined by the Land Law (Commission) Act 1923 , together with any subsequent Act which provides that it is construed as one with the Land Law Acts.
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Chapter 10
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Special MAC cases Definitions - Chapter 10 100. In this Chapter— “foreshore authorisation” means a foreshore authorisation which falls within section 105 by virtue of being a lease made under section 2 of the Act of 1933; “incidental energy” means energy produced as an incidental by-product of— (a) activities in respect of which— (i) an aquaculture licence, or (ii) a trial licence, granted under Part II of the Fisheries (Amendment) Act 1997 relates, or (b) any other fishing or aquacultural activities duly being carried out; “offshore renewable energy” means energy (other than incidental energy) produced from a non-fossil renewable resource situated in the maritime area, and includes— (a) wind or solar energy, (b) wave or tidal or other hydropower, or (c) biomass (including seaweed); “relevant maritime usage” means any proposed maritime usage which is for the purposes of producing, from wind, offshore renewable energy where the usage— (a) is the subject of an application for a foreshore authorisation made before 31 December 2019 and which has not been finally determined, or abandoned or withdrawn, before the coming into operation of section 101 , (b) is the subject of a foreshore authorisation, or (c) was, on 31 December 2019, the subject of— (i) a valid connection agreement from a transmission system operator, or (ii) a confirmation by a transmission system operator as being eligible to be processed to receive a valid connection offer; “relevant Minister” means the Minister for the Environment, Climate and Communications; “transmission system operator” has the meaning assigned to it by the Electricity Regulation Act 1999 .
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Relevant maritime usages and MACs before establishment day 101. (1) The relevant Minister may, at any time during the relevant period, give public notice (in this section referred to as the “relevant notice”) in accordance with this section that he or she intends to invite MAC applications for relevant maritime usages.
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(2)(a) The relevant Minister shall publish the relevant notice on a website of the Government. (b) The relevant notice shall specify the period within which the MAC applications invited by the notice shall be made to the relevant Minister. (c) The relevant Minister shall disregard a MAC application invited by the relevant notice which is received by the relevant Minister after the expiration of the period referred to in paragraph (b).
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(3)During the relevant period, all references in section 72 and Parts 4 and 6 to the MARA shall, with all necessary modifications (including the modification that section 92
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(1)shall be construed as if the words “as soon as is practicable after the establishment day and” were deleted therefrom), be construed as references to the relevant Minister but only in so far as those references relate to MAC applications referred to in this section or MACs granted pursuant to such applications.
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(4)In this section, “relevant period” means the period commencing on the coming into operation of Parts 4 and 6 (including any Schedules referred to in those Parts) for the purposes of this section and ending on the establishment day.
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Provisions supplementary to section 101 102. (1) Every MAC granted by the relevant Minister pursuant to section 101 that is in force immediately before the establishment day shall, on and after that day, continue in force as if it had been granted by the MARA and, without prejudice to the generality of the foregoing, may continue to be terminated, amended, revoked or suspended in accordance with the provisions of this Act.
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(2)Any legal proceedings, pending immediately before the establishment day, relating to a matter which arises from the performance of the relevant Minister’s functions under section 101 and to which the relevant Minister is a party by virtue of such performance shall be continued, on and after the establishment day, with the substitution in the proceedings, in so far as the relevant Minister is such a party, of the MARA for the relevant Minister in the relevant Minister’s capacity as such a party.
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(3)Any thing commenced and not completed before the establishment day by, or under the authority of, the relevant Minister pursuant to the performance of the relevant Minister’s functions under section 101 may be carried on or completed on or after that day by the MARA.
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(4)Any reference to the relevant Minister, in his or her capacity as the relevant Minister performing functions under section 101 , in any document (howsoever described) created during the relevant period shall, on and after the establishment day, be construed as a reference to the MARA in so far as the reference relates to the relevant Minister in such capacity.
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Certain MSPs and DMAPs and MACs after establishment day 103. (1) The MARA may give notice (in this section referred to as the “relevant notice”) in accordance with this section that it intends to invite MAC applications or has received MAC applications, or both, for the maritime usage specified in the notice to be undertaken (if a MAC is granted) in a manner consistent with the MSP referred to in section 16
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(3)(b), or the DMAP, specified in the notice.
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(2)(a) The MARA shall publish the relevant notice on its website. (b) The relevant notice shall specify the period within which the MAC applications invited by the notice shall be made to the MARA. (c) The MARA shall disregard a MAC application invited by the relevant notice which is received by the MARA after the expiration of the period referred to in paragraph (b). (d) The relevant notice may specify the weighting that shall apply in respect of— (i) the criteria specified in Schedule 5 , and (ii) subject to paragraph (e), the extra criteria (if any) specified in the notice, against which the MAC applications will be assessed. (e) The extra criteria specified in a relevant notice pursuant to paragraph (d) shall not be inconsistent with the criteria specified in Schedule 5.
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(3)Subject to subsection (4), the MARA may use a competitive process (which may be, or include, a competitive process referred to in section 93 ) to determine which (if any) of the MAC applications invited by the relevant notice shall be granted a MAC.
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(4)A competitive process referred to in subsection (3) shall be conducted in a manner which is open, transparent, competitive, non-discriminatory and cost effective.
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Chapter 11
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Keeping of records, etc.
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Keeping of records and samples, etc., by holder of MAC 104.(1) (a) There may be prescribed a requirement, or the provisions of a MAC may contain a requirement, or both, that the holder of a MAC in respect of the part of the maritime area the subject of the MAC (in this section referred to as the “relevant part”), keep records or samples, or both, relating to the relevant part for any scientific purpose. (b) For the purpose of prescribing a requirement referred to in paragraph (a), the Minister shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that scientific information concerning the maritime area ought to be preserved not just for the benefit of the undertaking of the particular maritime usage concerned for the purposes of which such information was acquired but also for the benefit of other and future undertakings of maritime usages.
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(2)(a) The MARA may, by notice in writing given to the holder of a MAC, direct the holder to provide the MARA with copies of any specified data— (i) within the period specified in the notice (being a period reasonable in all the circumstances of the case), or (ii) if no such period is specified in the notice, within four weeks from the date on which the holder receives the notice. (b) The holder of a MAC the subject of a direction under paragraph (a) shall comply with the direction. (c) The costs entailed in complying with a direction under paragraph (a) shall be borne by the holder of the MAC the subject of the direction.
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(3)(a) Where the MARA is given specified data by the holder of a MAC pursuant to the holder’s compliance with a direction under subsection (2)(a), it shall not disclose the data, or cause the data to be disclosed, to a third party except— (i) pursuant to subsection (4), or (ii) subject to paragraph (b), with the consent in writing of the holder to do so. (b) The holder of a MAC shall not unreasonably withhold the giving of the consent referred to in paragraph (a)(ii).
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(4)Specified data may be disclosed where the disclosure— (a) is in compliance with this Part or is otherwise permitted by law or any other enactment, (b) is to a public body and for a purpose relevant to a function of that body, or (c) in the opinion of the person making, or seeking to make, the disclosure, may disclose, to a member of the Garda Síochána or an officer of the Revenue Commissioners, the commission of an indictable offence.
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(5)(a) A person who is given specified data pursuant to a disclosure under subsection (4) shall not disclose the data, or cause the data to be disclosed, to another person except— (i) to the person who made the first-mentioned disclosure, (ii) to the holder of the MAC to whom the data relate, (iii) pursuant to subsection (4), or (iv) subject to paragraph (b), with the consent in writing of that holder to do so. (b) The holder of a MAC shall not unreasonably withhold the giving of a consent referred to in paragraph (a)(iv).
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(6)(a) Subject to paragraph (b), the MARA may use specified data for the purpose of preparing and publishing such returns or reports, or both, as may be required of the MARA by law. (b) The MARA shall ensure that the publication under paragraph (a) of specified data is done in such a manner that commercially sensitive information is not disclosed. (c) The MARA may, by notice in writing given to the holder of a MAC, direct the holder to publish specified data in such media, and within such period, as are specified in the notice. (d) The holder of a MAC given a notice under paragraph (c) shall comply with the notice.
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(7)Subject to subsection (8), the Minister may, after consultation with the Data Protection Commission, by regulations specify the personal data that are permitted to be included in specified data.
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(8)Where the Minister makes regulations under subsection (7), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that personal data only need to be included in specified data to the extent reasonably necessary to enable the MARA or the Minister, as appropriate, to perform their respective functions under this Act in relation to MACs.
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(9)In this section— “commercially sensitive information” means— (a) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or (b) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates; “permitted personal data” means personal data permitted, by virtue of regulations made under subsection (7), to be included in specified data; “specified data”, in relation to the holder of a MAC, means any books, records or other documents, returns, plans, maps, geological, hydrological and ecological samples, accounts, and information (including any copies thereof or parts thereof) which are required by this Part, regulations made under this Part, or the provisions of the MAC, to be kept but does not include any personal data other than permitted personal data.
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Chapter 12
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Transitional provisions - foreshore authorisations, unauthorised usages and MACs Transitional provisions for certain foreshore authorisations 105. (1) This section applies to a foreshore authorisation where the maritime usage the subject of the authorisation would, if it were not the subject of the authorisation, have to be, inter alia, the subject of a MAC before it could be lawfully undertaken.
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(2)(a) Paragraphs (b) and (c) apply where the holder of a foreshore authorisation— (i) is lawfully occupying a part of the foreshore pursuant to the authorisation, and (ii) wishes to— (I) amend the authorisation, or (II) continue to occupy that part after the expiration of the authorisation without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation. (b) The holder may, at any time before the expiration of the foreshore authorisation, make a MAC application to surrender the authorisation to the MARA for a MAC and, in any such case, section 79 and the other provisions of this Part (including section 84 ) shall, with all necessary modifications, apply to the authorisation, the MAC application, and the application’s determination under section 81 , accordingly. (c) The foreshore authorisation shall expire— (i) upon the holder being granted a MAC pursuant to the MAC application referred to in paragraph (b), or (ii) in accordance with the provisions of the authorisation and the Act of 1933, whichever first occurs.
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(3)(a) Paragraphs (b) and (c) apply where— (i) the holder of a foreshore authorisation— (I) is lawfully occupying a part of the foreshore area pursuant to the authorisation, and (II) wishes to discontinue to occupy that part in favour of another person occupying that part, and (ii) the other person wishes to occupy that part without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation. (b) The holder of the foreshore authorisation and the other person may, at any time before the expiration of the authorisation, make a joint MAC application to surrender the authorisation to the MARA for a MAC for the maritime usage the subject of the authorisation and, in any such case, section 79 and the other provisions of this Part (including section 84 ) shall, with all necessary modifications, apply to the authorisation, the joint MAC application, and the application’s determination under section 81 , accordingly. (c) The foreshore authorisation shall expire— (i) upon the other person being granted a MAC pursuant to the joint MAC application referred to in paragraph (b), or (ii) in accordance with the provisions of the authorisation and the Act of 1933, whichever first occurs.
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Transitional provisions for certain unauthorised maritime usages 106. (1) The relevant person may, before the fifth anniversary of the coming into operation of this section (or, where subsection (4) applies, the first anniversary referred to in that subsection), make a MAC application for the unauthorised usage concerned and, in any such case, the provisions of this Act shall, with all necessary modifications, apply to take account of the fact that such usage is an existing maritime usage and not a proposed maritime usage.
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(2)Subsection (3) applies to the relevant person (including any predecessors to such person) and the unauthorised usage concerned immediately on and after— (a) the fifth anniversary of the coming into operation of this section (or, where subsection (4) applies, the first anniversary referred to in that subsection) without a MAC application referred to in subsection (1) having been made for such usage, (b) the date on which the MARA is satisfied that, although a MAC application referred to in subsection (1) has been made for such usage, the application has been abandoned or withdrawn before its determination under section 81 , or (c) where a MAC application referred to in subsection (1) has been made for such usage, the date on which the applicant is notified of the refusal under section 81 , in the determination of the application, to grant a MAC for such usage.
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(3)(a) Where this subsection applies, the MARA may use, on behalf of the State, any and all remedies available to the State (whether under this Act or another enactment or under the common law) against or in relation to the relevant person (including any predecessors to such person) and the unauthorised usage concerned including, and without limiting the generality of the foregoing, remedies to provide for all or any of the following: (i) cause the unauthorised usage to cease; (ii) obtain compensation or damages for the unauthorised usage; (iii) provide for the rehabilitation of the part of the maritime area the subject of the unauthorised usage. (b) The MARA may exercise its power under paragraph (a) jointly with one or more than one other public body that has statutory functions in relation to maritime usages of the type that is the unauthorised usage concerned.
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(4)The MARA may, where it is of the opinion that a particular unauthorised usage is an impediment to the effective and efficient performance of its functions, by notice in writing given to the relevant person, and for the reasons stated in the notice, specify that, in the case of that usage, the words “the first anniversary of the giving of the notice concerned under subsection (4)” are substituted for the words “the fifth anniversary of the coming into operation of this subsection” in subsections (1) and (2)(a).
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(5)For the avoidance of doubt, it is hereby declared that nothing in this section shall be construed to limit the State or a public body other than the MARA from making use, independently of the MARA, of a remedy referred to in subsection (3) against or in relation to the relevant person (including any predecessors thereto) and the unauthorised usage concerned.
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(6)In this section— “relevant person”, in relation to an unauthorised usage, means the person undertaking such usage immediately before 12 August 2021, and regardless of whether or not such person is the same person who first undertook such usage; “unauthorised usage” means a maritime usage— (a) undertaken by a person before 12 August 2021, (b) which, in order to be lawfully undertaken before that date, was required to be, but was not, the subject of a foreshore authorisation, and regardless as to whether or not any other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) were required, or were in fact granted, under any other enactment in order to enable the person referred to in paragraph (a) to undertake such usage, and (c) which, if it were undertaken on or after the coming into operation of Chapter 2, would be required by that Chapter to be the subject of a MAC.
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Chapter 13
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Judicial review and MACs Judicial review of matters relating to MAC applications or MACs 107. (1) Where a point of law arises on any matter with which the MARA is concerned under this Part, the MARA may refer the point to the High Court for decision.
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(2)A person shall not question the validity of any decision made or other act done by the MARA in the performance or purported performance of a function under this Part in relation to a MAC application, MAC or foreshore authorisation otherwise than by way of an application for judicial review under Order 84.
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(3)The MARA may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to which subsection (2) applies and which relates to a matter for the time being before the MARA, apply to the High Court to stay the proceedings pending the making of a decision by the MARA in relation to the matter concerned.
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(4)On the making of such an application, the High Court may, where it considers that the matter before the MARA is within the jurisdiction of the MARA, make an order staying the proceedings concerned on such terms as it thinks fit.
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(5)Subject to subsection (6), an application for leave to apply for judicial review under Order 84 in respect of a decision or other act to which subsection (2) applies shall be made within the period of eight weeks beginning on the date of the publication of the decision under section 84 or 89 , as appropriate, or, as the case may be, the date of the doing of the act by the MARA, as appropriate.
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(6)The High Court may extend the period provided for in subsection (5) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that— (a) there is good and sufficient reason for doing so, and (b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.
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(7)References in this section to Order 84 shall be construed as including references to Order 84 as amended or replaced (with or without modification) by rules of court.
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Provisions supplementary to section 107 108. (1) In this section— “Court”, where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Court of Appeal of jurisdiction on any appeal that may be made); “ section 107 leave” means leave to apply for judicial review under Order 84 in respect of a decision or other act to which section 107
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(2)applies.
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(2)(a) An application for section 107 leave shall be made by motion ex parte and shall be grounded in the manner specified in Order 84 in respect of an ex parte motion for leave. (b) The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person. (c) If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in Order 84 in respect of an ex parte motion for leave)— (i) to the MARA, and (ii) to any other person specified for that purpose by order of the High Court. (d) The Court may— (i) on the consent of all of the parties, or (ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances, treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.
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(3)The Court shall not grant section 107 leave unless it is satisfied that— (a) there are substantial grounds for contending that the decision or act concerned is invalid or ought to be quashed, and (b) the applicant has a sufficient interest in the matter which is the subject of the application.
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(4)A sufficient interest for the purposes of subsection (3)(b) is not limited to an interest in land or other financial interest.
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(5)If the Court grants section 107 leave, no grounds shall be relied upon in the application for judicial review under Order 84 other than those determined by the Court to be substantial under subsection (3)(a).
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(6)The Court may, as a condition for granting section 107 leave, require the applicant for such leave to give an undertaking as to damages.
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(7)The determination of the Court of an application for section 107 leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Court of Appeal in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.
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(8)Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.
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(9)If an application is made for judicial review under Order 84 in respect of part only of a decision or other act to which section 107
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(2)applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the decision or other act or part of the decision or other act, and if the Court does so, it may make any consequential amendments to the remainder of the decision or other act or the part thereof that it considers appropriate.
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(10)The Court shall, in determining an application for section 107 leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice.
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(11)On an appeal from a determination of the Court in respect of an application referred to in subsection (10), the Court of Appeal shall— (a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and (b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.
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(12)Rules of court may make provision for the expeditious hearing of applications for section 107 leave and applications for judicial review on foot of such leave.
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Judicial review does not prevent applications for development permission 109. (1) Subsection (2) applies in the case of the holder of a MAC for a proposed maritime usage in a part of the maritime area where such usage requires development permission.
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(2)Neither— (a) an application to the High Court for the grant of leave for judicial review under Order 84 of the decision of the MARA to grant the MAC, nor (b) an application to the High Court for judicial review of such decision on foot of such leave granted, shall be construed to prevent an application for such development permission being made or determined, or otherwise being dealt with, under the Act of 2000.
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PART 5
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Licences authorising certain maritime usages in Maritime Area
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Chapter 1
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Interpretation, application and competent authority Interpretation - Part 5 110. (1) In this Part and Schedules 7 and 8 — “exempted usage” shall be construed in accordance with section 114 ; “ Schedule 7 usage” means a maritime usage specified in Schedule 7 .
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(2)In sections 124 , 126 and 127 , “licence” includes part of a licence.
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Application 111. (1) A licence shall not be granted for a Schedule 7 usage that requires an environmental impact statement.
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(2)Neither a prohibitory order made under section 6 of the Act of 1933 nor a prohibitory notice made under section 7 of that Act (whether made before or after the coming into operation of this section) shall operate to prevent a licence being granted for a Schedule 7 usage which falls within paragraph 12 of Schedule 7 and is to be undertaken in a part of the maritime area the subject of such order or notice.
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Competent authority 112. The MARA shall, for the purposes of this Part, be the competent authority for the purposes of Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ) and appropriate assessments to which that Part applies.
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Chapter 2
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Grant or refusal of licence and related matters Prohibition against undertaking certain maritime usages in maritime area without licence 113. (1) A person shall not undertake a Schedule 7 usage (other than an exempted usage) in any part of the maritime area unless he or she is, in respect of that part, the holder of a licence for such usage.
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(2)Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 14 of Schedule 7 , a maritime usage (not being a maritime usage which requires development permission) where the Minister is satisfied that such usage— (a) would, if undertaken, have one or more than one of the following apply: (i) be for, or occur over, a limited and ascertainable period; (ii) be a usage that is required to be undertaken for the purposes of a condition attached to a MAC by virtue of section 82 ; (iii) be investigative in nature or for the purposes of discovery; (iv) be limited in scale; (v) have a limited impact on the maritime area; (vi) not require authorisation by or under any other enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation), and (b) could effectively be regulated by the application of the provisions of this Part to the usage.
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(3)On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.
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Exempted usage 114. (1) (a) Subject to subsections (2) and (4), the Minister may by regulations provide for any class of Schedule 7 usage to be exempted usage for the purposes of this Part where he or she is of the opinion that— (i) by reason of the size, nature or limited effect on the maritime area, of usages belonging to that class, the undertaking of such usages without a licence would not offend against the objectives listed in Article 5 of the MSP Directive, or (ii) usages belonging to that class are authorised, or are required to be authorised, by or under any other enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation). (b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations. (c) Regulations made under paragraph (a) shall be the subject of screening for the purposes of— (i) the Habitats Directive, and (ii) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 200112 on the assessment of the effects of certain plans and programmes on the environment.
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(2)Notwithstanding any regulations made under subsection (1) but subject to subsection (3), any particular Schedule 7 usage shall not be exempted usage if an appropriate assessment or environmental impact assessment of the usage is required.
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(3)Subsection (2) shall not apply to a Schedule 7 usage referred to in subsection (1)(a)(ii) where the enactment concerned referred to in subsection (1)(a)(ii) provides for appropriate assessment or environmental impact assessment, as appropriate, of the usage.
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(4)On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the MARA.
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Application for declaration as to whether or not licence is required, etc.
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115.(1) A person may make an application in the specified form, accompanied by the specified fee, to the MARA for a declaration in writing by the MARA as to whether or not the maritime usage the subject of the application is a Schedule 7 usage and, if so, whether or not the undertaking of the Schedule 7 usage requires a licence.
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(2)Where an application under subsection (1) is made to the MARA, it may, by notice in writing given to the applicant, require the applicant to provide, whether in the specified form, by affidavit or otherwise, such additional information in relation to any matters to which the application relates as the MARA reasonably considers necessary to make the declaration sought by the application.
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(3)The MARA shall, to the extent that it is practicable to do so, make the declaration sought by an application under subsection (1), and give a copy of the declaration to the applicant, not later than 30 days after the day on which the MARA is satisfied that the applicant has complied with all of the requirements of or under this section.
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Fees for licences 116. (1) Subject to subsections (2) and (6), the Minister may by regulations specify the fees to be paid to the MARA for relevant applications and, for that purpose— (a) different amounts may be specified for such applications which fall within different classes of such applications specified in the regulations, and (b) the regulations may specify the circumstances in which— (i) an exemption from the payment of such a fee applies, or (ii) a waiver, remission or refund (whether in whole or in part) of such fee applies.
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(2)The Minister shall, when specifying, in regulations made under subsection (1), the fees to be paid to the MARA for relevant applications, have regard to the administrative costs associated with processing applications, including the costs of determining whether the requirements for making the relevant applications have been met.
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(3)Subject to subsections (4) to (6), the Minister may by regulations specify the fee or fees to be paid to the MARA by holders of licences and, for that purpose— (a) different amounts may be prescribed for such holders which fall within different classes of such holders specified in the regulations, and (b) the regulations may specify the circumstances in which— (i) an exemption from the payment of such a fee applies, or (ii) a waiver, remission or refund (whether in whole or in part) of such a fee applies.
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(4)The Minister shall, when specifying, in regulations made under subsection (3), the fee or fees to be paid to the MARA by the holders of licences, have regard to the need to defray the costs incurred by the MARA in the performance of its functions in relation to the holder concerned.
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(5)A fee specified in regulations made under subsection (3) may be a one-off fee or an annual fee and, if the former, shall be paid to the MARA upon the grant of the licence concerned and, if the latter, shall be paid to the MARA not later than each anniversary of the date specified for the purpose in the licence concerned.
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(6)On and after the establishment day, the Minister shall not make regulations under subsection (1) or (3) except after consultation with the MARA.
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(7)In this section, “relevant applications” means— (a) applications under section 115 , (b) licence applications, or (c) applications under section 126 .
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Application for grant of licence 117. (1) Subject to regulations made under section 118 , a person may make an application in the specified form, accompanied by the specified fee, to the MARA for the grant of a licence for the Schedule 7 usage the subject of the application.
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(2)Without prejudice to the generality of section 72 or subsection (3), a licence application may require any information to be provided in relation to any of the matters to which this Part relates.
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(3)Subject to subsection (9), where a licence application is made to the MARA, the MARA may, by notice in writing given to the applicant, require the applicant to provide in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to assist it to determine the application under section 119 .
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(4)(a) The MARA shall, as soon as is practicable after it receives a licence application and if it considers it necessary to do so in its capacity as the competent authority referred to in section 112 , carry out screening for appropriate assessment in respect of the proposed maritime usage the subject of the application. (b) Paragraph (a) applies notwithstanding that the applicant may have submitted a Natura impact statement to the MARA, whether with the licence application or subsequently.
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(5)(a) The MARA shall, as soon as is practicable after it receives a licence application, carry out screening for environmental impact assessment in respect of the proposed maritime usage the subject of the application if it considers that it is necessary to do so after having regard to Schedules 5 and 7 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ). (b) Where the decision on the screening referred to in paragraph (a) is that an environmental impact assessment is required, the MARA shall, as soon as is practicable— (i) return the licence application concerned to the applicant together with a copy of section 111 , and (ii) publish its decision on its website together with its reasons for such decision and a notice stating— (I) that a person may question the validity of the decision by way of an application for judicial review under Order 84 in accordance with Chapter 8, and (II) where practical information on the review mechanism can be obtained.
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(6)Where the decision referred to in subsection (4)(a) is that an appropriate assessment is required, the MARA shall— (a) subject to paragraph (b) and subsection (8), by notice in writing given to the applicant, require the applicant to prepare, within the period specified in the notice (being a period reasonable in all the circumstances of the case), a Natura impact statement and submit it to the MARA, (b) subject to subsection (9), as soon as is practicable after the MARA has the Natura impact statement prepared by the applicant pursuant to paragraph (a) or, as the case may be, the MARA is satisfied with the adequacy of a Natura impact statement submitted by the applicant together with the licence application concerned, by notice in writing given to the applicant, require the applicant to give notice (in this section referred to as the “relevant notice”) in the specified form to the public stating that— (i) the licence application concerned has been made to the MARA, a related Natura impact statement has been submitted to the MARA and that the application and statement are available for inspection during the period concerned referred to in subparagraph (ii)— (I) on the website of the MARA, and (II) at the offices of the MARA specified in the relevant notice, and (ii) members of the public may make submissions in writing on the licence application and the Natura impact statement to the MARA for a period of not less than 30 days from the date of publication of the relevant notice at a location (which may be an electronic address) specified in, or in a form set out in and sent to an address specified in, the relevant notice.
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(7)(a) The MARA shall, as soon as is practicable after the expiration of the 30 days referred to in subsection (6)(b)(ii), carry out the appropriate assessment concerned and have regard to the submissions (if any) referred to in that subsection. (b) The MARA shall comply with the determination of the appropriate assessment when determining the licence application concerned under section 120 .
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(8)Where the applicant fails to comply with subsection (6)(a) within the period specified in that subsection (or any extension to that period permitted by the MARA for good and sufficient reason), the licence application concerned shall be deemed to have been withdrawn.
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(9)Where subsection (6) applies to the applicant, the MARA shall not— (a) give the notice first-mentioned in subsection (6)(b) to the applicant until the applicant has complied with each notice (if any) given to the applicant under subsection (3), and (b) exercise its power under subsection (3) in respect of the applicant at any time after the commencement of the period concerned referred to in subsection (6)(b)(ii).
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(10)In this section, “Natura impact statement” has the same meaning as it has in Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).
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Provisions supplementary to section 117 118. (1) Without prejudice to the generality of sections 72 and 117
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(2), (3) and (6) and subject to subsections (2) and (3), the Minister may by regulations specify the nature and extent of the consultation that the applicants which fall within different classes of licence applications specified in the regulations need to carry out before making such applications.
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(2)In making regulations under subsection (1), the Minister shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that the nature and extent of the consultation referred to in subsection (1) needs to be proportionate to the nature and extent of the Schedule 7 usage the subject of the licence application concerned.
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(3)On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the MARA.
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Grant or refusal of licence 119. (1) Subject to section 117
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(2), (3) and (7) and subsections (2) and (4) to (7), the MARA shall determine a licence application by— (a) granting a licence to the applicant for the occupation of a specific part of the maritime area for the purposes of the proposed Schedule 7 usage the subject of the application and subject to such conditions (if any) attached to the licence by virtue of section 120
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(1)as the MARA thinks fit, or (b) giving notice in writing to the applicant refusing to grant a licence.
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(2)The MARA shall, to the extent that is practicable to do so, determine a licence application not later than 30 days after the day on which the MARA is satisfied that the applicant has complied with all the requirements of or under this Part in so far as they relate to the application.
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(3)Where the MARA— (a) grants a licence for part only of the Schedule 7 usage sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), (b) grants a licence to which conditions are attached by virtue of section 120
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(1), or (c) refuses to grant a licence, the MARA shall, at the same time, give the applicant notice in writing of the reasons for the partial grant, conditions or refusal, as the case may be.
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(4)A licence shall include the following at a minimum: (a) particulars of the name and address of the holder of the licence; (b) particulars of the Schedule 7 usage the subject of the licence and the part of the maritime area where the usage will be undertaken; (c) particulars of the period (if any) to which the licence relates (including any time limits or other restrictions to apply during that period); (d) the conditions (if any) attached to the licence by virtue of section 120
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(1).
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(5)The MARA shall, in determining a licence application, take into account any submissions referred to in section 117
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(6)(b)(ii).
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(6)(a) Paragraph (b) applies where the MARA is minded to determine a licence application by— (i) granting a licence to the applicant but— (I) for part only of the licence sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), or (II) with conditions attached to the licence by virtue of section 120
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(1), or (ii) refusing to grant a licence. (b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the applicant stating that— (i) the MARA is minded to determine the application as specified in paragraph (a) and setting out the MARA’s reasons why it is so minded, and (ii) the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a determination under subsection (1) following the expiration of that period.
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(7)For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same licence application.
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Conditions attached to licence 120. (1) The MARA may attach to a licence one or more than one condition which falls within one or more than one of the types of conditions specified in Schedule 8.
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(2)Subject to subsections (3) and (8), the Minister may by regulations specify, for the purposes of paragraph 18 of Schedule 8 , additional types of conditions which may be attached to a licence.
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(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, have regard to the following principles and policies in relation to the additional types of conditions: (a) whether the condition assists in the furtherance of the objectives of the National Marine Planning Framework; (b) whether the condition assists in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both; (c) whether the condition assists in ensuring that the holder of a licence— (i) fulfils his or her obligations under this Act in relation to the licence, or (ii) manages the undertaking of the maritime usage the subject of the licence in an effective and efficient manner.
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(4)(a) Subject to subsection (5), it shall be deemed to be a condition of each licence that the MARA may, where it is of the opinion that the revocation, suspension or amendment of the licence is required in order to enable a MAC granted after the grant of the licence to have full force and effect, provide for such revocation, suspension or amendment, as the case may be, in the MAC and subject to such conditions (if any) as are specified in the MAC. (b) The MARA shall, at the same time as it grants a MAC to which paragraph (a) applies, give the holder of the licence concerned a copy of the MAC together with a statement in writing specifying the MARA’s reasons for the potential revocation, suspension or amendment, as the case may be, of the licence.
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(5)(a) Paragraph (b) applies where the MARA is minded to exercise its discretion referred to in subsection (4)(a) to revoke, suspend or amend a licence. (b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the holder of the licence concerned stating— (i) how the MARA is minded to exercise its discretion referred to in subsection (4)(a) and setting out the MARA’s reasons why it is so minded, and (ii) that the holder may, if the holder wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before the MARA, following the expiration of that period, makes a decision whether or not to exercise the discretion referred to in subsection (4)(a) and, if so, how to exercise such discretion.
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(6)Where the MARA decides to exercise its discretion referred to in subsection (4)(a) to revoke, suspend or amend a licence, the MARA shall give notice in writing of the decision to the holder of the licence and such decision shall not take effect until at least 30 days after the holder receives that notice.
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(7)It shall be deemed to be a condition of each licence that the part of the maritime area the subject of the licence is not for the exclusive use of the Schedule 7 usage the subject of the licence except where the licence expressly states that such part is for the exclusive use of such usage.
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(8)On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.
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Provisions supplementary to grant of licence 121. (1) Unless otherwise specified in regulations made under this section, nothing in this Part shall of itself be construed as preventing the MARA from granting a licence to an applicant— (a) who is the holder of a licence for the same Schedule 7 usage provided that the first-mentioned licence is for a period which will not overlap with the period of the second-mentioned licence, or (b) who was the holder of a licence for the same Schedule 7 usage where the licence has expired or is no longer in force.
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(2)The MARA shall, before granting a licence, have regard to— (a) the National Marine Planning Framework, (b) the State’s obligations under the following Directives in so far as those obligations are relevant to the undertaking of the Schedule 7 usage concerned: (i) Habitats Directive; (ii) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 200013 establishing a framework for Community action in the field of water policy (Water Framework Directive); (iii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 200814 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 2017; (iv) Birds Directive; (v) Environmental Impact Assessment Directive, (c) the provisions of any enactment giving effect to a Directive referred to in paragraph (b) in so far as those provisions give effect to the obligations referred to in that paragraph that are relevant to the Schedule 7 usage concerned, and (d) any other maritime usage lawfully undertaken pursuant to this Act or another enactment in the same part of the maritime area to which the first-mentioned licence relates.
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Notification of grant or refusal of licence, etc.
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122.(1) The MARA shall, as soon as is practicable after it grants a licence, publish a notice on its website stating, at a minimum— (a) the name of the holder of the licence, (b) the address (which may be an electronic address) of the holder, (c) if applicable, the period for which the licence will continue before it expires, (d) if applicable, the occurrence of the event upon which the licence will expire, (e) the nature of the maritime usage the subject of the licence, (f) a spatial representation of the specified part of the maritime area the subject of the licence, (g) the date that the MARA granted the licence, and (h) the conditions (if any) attached to the licence by virtue of section 120
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(1).
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(2)Where section 119
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(3)applies, the MARA shall, at the same time as it gives the notice referred to in that section to the applicant concerned or as soon as is practicable thereafter, publish the notice on its website.
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(3)Where— (a) the MARA’s decision referred to in section 117
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(4)(a) was that an appropriate assessment was, or was not, required, or (b) the MARA’s decision referred to in section 117
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(5)(a) was that an environmental impact assessment was not required, the MARA shall, as soon as is practicable after the determination of the licence application concerned under section 119 , publish that decision on its website together with its reasons for such decision.
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(4)Where the MARA has, pursuant to section 117
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(7)(a), carried out an appropriate assessment, it shall, as soon as is practicable after the determination of the licence application concerned under section 119 , publish a notice of the carrying out of the assessment, together with the appropriate assessment determination, on its website.
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(5)The MARA shall, whenever it publishes a notice on its website under this section, also publish a notice on its website stating— (a) that a person may question the validity of a decision of the MARA to which the first-mentioned notice relates by way of an application for judicial review under Order 84 in accordance with Chapter 8, and (b) where practical information on the review mechanism can be found.
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(6)The MARA shall, as soon as is practicable after it refuses to grant a licence, publish on its website a copy of the notice concerned referred to in section 119
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(3).
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Chapter 3
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Compensation for exercise of relevant power Compensation for exercise of relevant power