Legalize / Ireland / Act

Maritime Area Planning Act 2021

Type Act

Publication 2021-12-23

Last updated 2025-10-02

State In force

Source Irish Statute Book

articles 200

Reform history JSON API

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement

1. (1) This Act may be cited as the Maritime Area Planning Act 2021.

(2) The Foreshore Acts 1933 to 2014 and Chapters 1 and 3 of Part 9 may be cited together as the Foreshore Acts 1933 to 2021 and shall be construed together as one.

(3) The Electricity Regulation Acts 1999 to 2002 and Chapter 4 of Part 9 may be cited together as the Electricity Regulation Acts 1999 to 2021 and shall be construed together as one.

(4) The Planning and Development Acts 2000 to 2020, Part 8 and Schedules 10 to 12 may be cited together as the Planning and Development Acts 2000 to 2021 and shall be construed together as one.

(5) Subject to subsection (6), this Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(6) Chapters 1 and 3 of Part 9 shall come into operation on the establishment day.

2. Interpretation - general

2. (1) In this Act—

“Act of 1933” means the Foreshore Act 1933;

“Act of 1963” means the Companies Act 1963;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2001” means the Local Government Act 2001;

“Act of 2014” means the Companies Act 2014;

“Act of 2018” means the Planning and Development (Amendment) Act 2018;

“Act of 2021” means the Maritime Jurisdiction Act 2021;

F1["Act of 2024’" means the Planning and Development Act 2024;]

“applicant”, in relation to an application under this Act, means the person who made the application;

“appropriate assessment” shall be construed in accordance with, as appropriate—

(a) section 177V of the Act of 2000, or

(b) Part 5 of the European Communities (Birds and Natural Habitats) Regulations (S.I. No. 477 of 2011);

“authorised officer” means a person appointed under section 137(1) to be an authorised officer;

“Birds Directive” has the meaning assigned to it by the F2[Act of 2024];

“Board (P)” means An Bord Pleanála;

“coastal planning authority” means the planning authority (within the meaning of F2[section 2 of the Act of 2024]) for any of the following:

(a) the county of Louth, Meath, Fingal, Dun Laoghaire-Rathdown, Wicklow, Wexford, Carlow, Kilkenny, Tipperary, Cork, Kerry, Clare, Galway, Mayo, Sligo, Leitrim or Donegal;

(b) the City of Dublin, Cork or Galway;

“company” means—

(a) a company formed and registered under the Act of 2014, or

(b) an existing company;

“continental shelf” shall be construed in accordance with the Act of 2021;

“Convention” has the meaning assigned to it by the Act of 2021;

“CPA” means coastal planning authority;

“designated maritime area plan” shall be construed in accordance with section 20(1);

“development” means development (other than exempted development within the meaning of the Act of 2000) within the meaning of Part XXI of the Act of 2000;

“development permission”, in relation to any maritime usage which, if undertaken, would be development, means any permission (including any alteration thereto), within the meaning of section 2 of the Act of 2000, required under that Act in order for the undertaking of such usage to be lawful;

“DMAP” means designated maritime area plan;

“enactment” has the meaning assigned to it by the Interpretation Act 2005;

“environmental impact assessment” has the meaning given to it by the Act of 2000;

“Environmental Impact Assessment Directive” has the meaning assigned to it by the Act of 2000;

“establishment day” means the day appointed under section 41;

“existing company” has the meaning assigned to it by section 2 of the Act of 2014;

“existing NMPF” means the marine spatial plans within the meaning of Part 5 of the Act of 2018 and known collectively, under that Part, as the National Marine Planning Framework;

“foreshore” has the meaning assigned to it by the Act of 1933;

“foreshore authorisation” means an authorisation (howsoever described) granted (or otherwise given) under section 2, 3, 10 or 13 of the Act of 1933 by the appropriate Minister, within the meaning of section 1B of that Act, who falls within paragraph (c) of such section 1B;

“functional area”, in relation to a CPA, has the meaning assigned to it by the Act of 2000;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC2;

“Habitats Directive” has the meaning assigned to it by the F2[Act of 2024];

“indemnity” includes, in addition to a contract of indemnity—

(a) a contract of insurance,

(b) a guarantee,

(d) a warranty,

(e) a bond, or

(f) a financial security prescribed, with the consent of the Minister for Public Expenditure and Reform, for the purposes of this paragraph;

“levy” means a levy referred to in Chapter 7 of Part 4;

“infrastructure” means any facility, structure or installation (or any part thereof) situated in the maritime area, and references in this Act to “proposed maritime usage” shall be construed to include any related proposed infrastructure;

“licence” means a licence granted under section 119(1)(a);

“licence application” means an application under section 117(1);

“local authority” has the meaning assigned to it by the Act of 2001;

“MAC” means maritime area consent;

“MAC application” means an application under section 79(1);

“MARA” shall be construed in accordance with section 42(1);

“marine planning policy statement” shall be construed in accordance with section 6(1);

“maritime area” shall be construed in accordance with section 3;

“maritime area consent” means consent under section 81(1)(a);

“maritime spatial plan” shall be construed in accordance with section 16(1);

“Maritime Spatial Planning Directive” means Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014^2 establishing a framework for maritime spatial planning (the text of which is set out, in the English language and for ease of reference, in Schedule 1);

“maritime usage”, in relation to the maritime area, means any activity, operation, works or development undertaken in that area for any purpose (including conservation), and includes—

(a) the construction or use, or both, of any infrastructure in that area associated with, or otherwise supporting, the activity, operation, works or development, and

(b) the maintenance of such infrastructure,

and references in this Act to “proposed maritime usage” shall be construed accordingly;

“material change of circumstances” shall be construed in accordance with section 136;

“Minister” means the Minister for Housing, Local Government and Heritage;

“MSP” means maritime spatial plan;

“MSP Directive” means the Maritime Spatial Planning Directive;

“National Marine Planning Framework” means the following:

(a) the existing NMPF—

(i) as in force immediately before the coming into operation of Chapter 2 of Part 2, and

(ii) until it is replaced by the first MSP;

(b) each MSP for the time being in force;

“national newspaper” means a newspaper published and circulating generally in the State, whether in hard copy or electronic copy, or both;

“National Planning Framework” means the National Planning Framework referred to in F2[Chapter 2 of Part 3 of the Act of 2024];

“nearshore area”, in relation to a CPA, shall be construed in accordance with section 5;

“obligations” includes liabilities;

“Order 84” means Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986);

“personal data” has the meaning it has in the General Data Protection Regulation;

“powers” includes rights;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“public body” means—

(a) a Minister of the Government,

(b) a local authority,

(d) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—

(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or

(ii) the issue of shares held by or on behalf of a Minister of the Government;

“record” includes—

(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d),

and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record;

“screening for appropriate assessment” shall be construed in accordance with, as appropriate—

(a) section 177U of the Act of 2000, or

(b) Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011);

“sea” includes—

(a) an area which is submerged at high water of ordinary or medium tides,

(b) an estuary or arm of the sea, and

“seabed” means land under sea, and includes silts or other deposits lying on the land;

“specified” —

(a) in relation to a form, means specified under section 72, and

(b) in relation to a fee, means specified in regulations made under section 78 or 116, as appropriate;

“strategic environmental assessment” has the meaning assigned to it by F2[section 2 of the Act of 2024];

“submissions” include observations;

“water” includes the water of rivers, streams, canals, waterways, ponds, lakes or any other form of watercourse or body of water or sea.

(2) A reference in this Act to an enactment (including this Act) includes a statutory instrument made under the enactment.

(3) A reference in this Act to a MAC includes—

(a) the maritime usage the subject of the MAC,

(b) the conditions attached, or deemed to be attached, to the MAC by virtue of section 82, and

(4) A reference in this Act to a licence includes—

(a) the Schedule 7 usage (within the meaning of section 110) the subject of the licence, and

(b) the conditions attached, or deemed to be attached, to the licence by virtue of section 120.

(5) (a) A reference in this Act to a MAC for a maritime usage (howsoever expressed) shall be construed as a reference to the occupation of a specified part of the maritime area for the purposes of such usage.

(b) A reference in this Act for a licence for a maritime usage (howsoever expressed) shall be construed as a reference to the occupation of a specified part of the maritime area for the purposes of such usage.

3. Application

3. F4[(1)] Subject to section 14, this Act applies to that area of the State (in this Act referred to as the “maritime area”) extending from the high water of ordinary or medium tides of the sea to the outer limit of the continental shelf, and includes—

(a) the sea and tidal areas of internal waters of the State as construed in accordance with the Act of 2021,

(b) the territorial seas of the State as construed in accordance with the Act of 2021,

(d) the continental shelf F5[as construed in accordance with the Act of 2021].

F6[(2) Where, but for this subsection, a public body would not be able to perform, in relation to any matter whatsoever, one or more than one of its public functions by virtue of the matter relating, whether in whole or in part, to the continental shelf or any part thereof, then, by virtue of this subsection, the public body may perform the public function concerned in relation to that matter as if the continental shelf or the part thereof concerned were a part of the State where the public body may perform such function, and the other provisions of this Act or of any other enactment shall, with all necessary modifications, be construed accordingly.

(3) A public body shall, in the performance, in relation to any matter whatsoever, of its functions under this Act or any enactment amended by this Act, have regard to—

(a) the obligations placed on the State by the Convention, and

(b) the obligations in respect of the rights of the public or any class of the public over the foreshore in relation to navigation and fishing.

(4) For the purposes of this section, "foreshore" means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary.]

4. Legal acts of European Union given effect to by this Act

4. Effect or further effect, as the case may be, is given to by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act:

Table

5. Nearshore areas of CPAs

5. (1) Subject to subsection (2), where a part of the maritime area (which part is in this Act referred to as the “nearshore area”) meets all of the following requirements, that part shall, for the purposes of this Act, in so far as this Act relates to nearshore areas and CPAs, be the nearshore area of the CPA referred to in paragraph (a)(i) as if the boundaries between the nearshore area of that CPA and the adjoining nearshore area of another CPA were equidistant between the two of them as taken from the high water mark:

(a) the part is contiguous to either or both of the following:

(i) the functional area of a CPA;

(ii) reclaimed land adjoining such functional area that does not form part of the functional area of another local authority;

(b) the part is below the line of high water (in this section referred to as the “high water mark”) of ordinary or medium tides of—

(i) the sea,

(ii) every tidal river and tidal estuary, and

(iii) every channel, creek and bay of—

(I) the sea, and

(II) every tidal river and tidal estuary;

(i) the prescribed distance from the nearest point of the high water mark, or

(ii) if no such distance is prescribed for the time being, three nautical miles from the nearest point of the high water mark.

(2) Subject to subsections (3) to (5), the Minister may, by order, vary the nearshore area of a CPA.

(3)(a) Subject to paragraph (b), an order under subsection (2) shall specify the boundaries of the varied nearshore area, whether by reference to a map or otherwise.

(b) Those boundaries shall—

(i) have the high water mark as their baseline, and

(ii) have their outer limit determined in accordance with subsection (4).

(4) The Minister, in exercising his or her power under subsection (2) in respect of the nearshore area and a CPA, shall, in so far as determining the boundaries of the varied nearshore area concerned, take into account the following:

(a) the representations (if any) of the CPA given to the Minister pursuant to subsection (5)(a);

(b) the representations of members of the public given to the Minister pursuant to subsection (5)(b);

(d) the geography of the nearshore area, including islands, sandbars, sand spits, river mouths, bays and beaches;

(e) practical matters relating to the boundaries of the CPA and the proposed boundaries of the varied nearshore area;

(f) the practicability of the CPA effectively performing its functions under this Act in respect of the nearshore area as proposed to be varied.

(5) Where the Minister proposes to make, amend or revoke an order under this section, he or she shall—

(a) give a copy of the proposed order to the CPA concerned and invite the CPA to make representations in writing thereon to the Minister, not later than six weeks after the CPA is given that copy, at an address (which may be an electronic address) specified in the copy, and

(b) publish, in not less than one national newspaper, a notice—

(i) stating that the Minister proposes to make, amend or revoke an order under this section,

(ii) stating that a copy of the proposed order may be inspected on a website of the Government, and

(iii) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of such publication), at an address (which may be an electronic address) specified in the notice.

6. Marine planning policy statement

6. (1) Subject to subsections(4) to (10), the Minister shall from time to time prepare and publish in accordance with this section a statement (in this Act referred to as the “marine planning policy statement”) containing information setting out the principles and priorities of the Government in relation to maritime planning by the State in the maritime area for the period to which the statement relates.

(2) Where the Minister proposes to prepare a marine planning policy statement, he or she shall lay a draft of the statement, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof if required, before each House of the Oireachtas, and shall not prepare the statement until a resolution approving of the draft has been passed by each such House.

(3) The Minister shall, in the preparation of the marine planning policy statement, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2).

(4) The Minister shall ensure that the first marine planning policy statement is prepared and published in accordance with this section not later than F7[twelve months] after the coming into operation of this section and relates to a period of not less than three years commencing on the date of the first publication of that statement.

(5) The Minister shall, in preparing the marine planning policy statement, have regard to the following:

(a) the National Planning Framework;

(b) the National Marine Planning Framework;

(d) the MSP Directive;

(e) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008^8 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive);

(f) the Habitats Directive;

(g) the Birds Directive;

(h) any current policy of the Government relating to maritime planning;

(i) representations (if any) referred to in subsection (10).

(6) The Minister shall cause a copy of the marine planning policy statement to be laid before each House of the Oireachtas as soon as is practicable after the statement has been prepared.

(7) The Minister shall—

(a) publish, on a website of the Government, the marine planning policy statement as soon as is practicable after the statement has been prepared, and

(b) otherwise publish or cause to be published, in such manner as he or she considers appropriate, that statement.

(8) A public body shall have regard to the F7[marine planning] policy statement when performing a function under this Act F8[,F9[the Act of 2000, or the Act of 2024,]] to which information, setting out the principles and priorities of the Government referred to in subsection (1), contained in the statement is relevant.

(9) The Minister may amend or revoke the F7[marine planning] policy statement prepared under this section.

(10) Where the Minister proposes to prepare the marine planning policy statement or amend or revoke it, he or she shall publish, in not less than one national newspaper, a notice—

(a) stating that the Minister proposes to prepare, amend or revoke a marine planning policy statement,

(b) stating that a copy of the proposed statement, amendment or revocation may be inspected on a website of the Government, and

(c) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of publication), at an address (which may be an electronic address) specified in the notice.

6A.(1) For the avoidance of doubt, following the coming into operation of this section—

(a) a section 6 requirement shall apply to a thing done under a specified Act during the period of twelve months referred to in section 6(4) only where the Minister has prepared and published the first marine planning policy statement under section 6 prior to the thing being done, and

(b) a thing done under a specified Act shall not be invalid by reason only of being done under a specified Act otherwise than in accordance with a section 6 requirement during the period of twelve months referred to in section 6(4) where the Minister has not yet prepared and published the first marine planning policy statement under section 6 prior to the thing being done.

(2) For the avoidance of doubt—

(a) a section 6 requirement shall not apply to a thing done under a specified Act prior to the coming into operation of this section, and

(b) a thing done under a specified Act prior to the coming into operation of this section shall not be invalid by reason only of being done otherwise than in accordance with a section 6 requirement.

(3) In this section—

"section 6 requirement" means an obligation or requirement for a thing done under a specified Act—

(a) to be consistent with,

(b) not to cause any significant inconsistency with,

(d) to have regard to,the marine planning policy statement;

F11["specified Act" means—

(a) this Act,

(b) the Act of 2000, or

7. Ministerial guidelines

7. (1) Subject to subsection (8), the Minister may, at any time, prepare and issue marine planning guidelines to public bodies regarding any of their functions F12[under this Act, or functions under the Act of 2024 relating to the maritime area,] and public bodies shall have regard to those guidelines in the performance of their respective functions.

(2) Without prejudice to the generality of subsection (1), and for the purposes of that subsection, a public body, in having regard to the guidelines issued by the Minister under that subsection, shall consider the policies and objectives of the Minister contained in the guidelines when performing a function F12[under this Act, or functions under the Act of 2024 relating to the maritime area,] to which the guidelines relate.

(3) Without prejudice to the generality of subsection (1), guidelines under that subsection may contain specific marine planning policy requirements with which public bodies shall, in the performance of their respective functions F12[under this Act, or functions under the Act of 2024 relating to the maritime area,] comply.

(4) The Minister may amend or revoke guidelines issued under this section.

(5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas as soon as is practicable after the guidelines have been prepared or, as appropriate, the amendment or revocation has been made.

(6) A public body shall make available for inspection by members of the public any guidelines issued to it under this section.

(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.

(8) The Minister shall, in preparing guidelines under this section (including any amendment to such guidelines), have regard to the matters listed in section 6(5)(a) to (i).

8. Ministerial policy directives

8. (1) Subject to subsection (6), the Minister may, from time to time, prepare and issue policy directives to public bodies regarding any of their functions under this Act and the public bodies shall comply with any such directives in the performance of their respective functions.

(2) The Minister may amend or revoke a policy directive issued under this section.

(3) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.

(4) A public body shall make available for inspection by members of the public any policy directive issued to it under this section.

(5) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.

(6) The Minister shall, in preparing policy directives under this section (including amendments to such policy directives), have regard to the matters listed in section 6(5)(a) to (i).

(7) Subsections (3) to (5) shall, with all necessary modifications, apply to an amendment made to, or a revocation of, a policy directive issued under this section as those subsections apply to a policy directive issued under this section.

9. Limitation on ministerial powers

9. (1) Subject to subsections (2) and (3), Parts 4 and 5 and Part XXI of the Act of 2000, the Minister shall not exercise any power or control in relation to—

(a) any particular MAC application, MAC, or enforcement matter relating to a particular MAC, with which the MARA is either involved or could be involved, or

(b) any particular licence application, licence, or enforcement matter relating to a particular licence, with which the MARA is either involved or could be involved.

(2) Subsection (1) shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020) or transferred (whether before or after the coming into operation of this section) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939.

(3) This section shall, with all necessary modifications, apply to a foreshore authorisation as it applies to a MAC or licence.

10. Regulations, etc.

10. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Regulations made under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order under section 5(2) F13[,20] or 90(1) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

11. Expenses

11. Any expenses incurred by the Minister or the MARA in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

12. Repeals and revocations

12. (1) Sections 6, 7, 8, 9 and 17 of the Act of 1933 are repealed.

(2) Part XV of the Act of 2000 is repealed.

(3) Part 5 of the Act of 2018 is repealed.

(4) Each prohibitory order made under section 6 of the Act of 1933 is revoked.

(5) Each prohibitory notice made under section 7 of the Act of 1933 is revoked.

(6) (a) Notwithstanding subsection (2), a permission granted under Part III of the Act of 2000 in relation to an application made—

(i) pursuant to a requirement under section 225 of that Act, and

(ii) before the commencement of that subsection,

shall continue to have effect, and Part XV of the Act of 2000 shall continue to apply in relation thereto, as if that subsection had not been commenced.

(b) Notwithstanding subsection (2), Part XV of the Act of 2000 shall continue to apply in relation to an application for permission made under Part III of the Act of 2000—

(i) pursuant to a requirement under section 225 of that Act, and

(ii) before the commencement of that subsection,

as if that subsection had not been commenced.

(i) an approval granted under section 226 of the Act of 2000 in relation to an application made thereunder before the commencement of that subsection shall continue to have effect, and Part XV of the Act of 2000 shall continue to apply in relation thereto, as if subsection (2) had not been commenced, and

(ii) Part XV of the Act of 2000 shall continue to apply in relation to an application made before the commencement of that subsection for an approval under section 226 of the Act of 2000 as if subsection (2) had not been commenced.

PART 2 Maritime Spatial Plans and Designated Maritime Area Plans

Chapter 1

13. Interpretation - Part 2

13. (1) In this Part—

“competent authority (D)” shall be construed in accordance with section 20(1);

“competent authority (M)” shall be construed in accordance with section 15;

“protected site” means a site within (whether in whole or in part) the maritime area that is afforded some form of protection under another enactment;

“relevant proposal” shall be construed in accordance with section 21(1).

(2) Unless the context otherwise requires, a word or expression that is used in this Part and is also used in the MSP Directive has the same meaning in this Part as it has in that Directive.

14. Application of Part 2, etc.

14. (1) This Part shall not apply to an area outside the maritime area (in this section referred to as an “outside area”) unless it is expressly stated that this Part applies to the outside area concerned.

(2) A public body performing any function under this Part shall, in the performance of that function, have regard to appropriate land-sea interactions with a view to promoting integration and coherence between any thing arising from such performance and any thing arising from the performance by a public body of a function under Part II of the Act of 2000 F14[or Part 3 of the Act of 2024].

(3) A public body performing any function under Part II of the Act of 2000 F14[or Part 3 of the Act of 2024] shall, in the performance of that function, have regard to appropriate land-sea interactions with a view to promoting integration and coherence between any thing arising from such performance and any thing arising from the performance by a public body of a function under this Part.

(4) This Part shall not apply to maritime usages that relate solely to defence or national security.

Chapter 2

15. Designation of competent authority for purposes of MSP Directive

15. The Minister shall be the competent authority (in this Part referred to as the “competent authority (M)”) for the purposes of the MSP Directive.

16. Maritime spatial plans

16. (1) The competent authority (M) shall, following the carrying out of a process of maritime spatial planning, prepare and publish on a website of the Government a plan (in this Act referred to as a “maritime spatial plan”) for the maritime area in accordance with this Part and the MSP Directive.

(2) The objectives of a MSP shall be—

(a) to analyse and organise maritime usages in the maritime area for the purpose of achieving ecological, economic and social priorities,

(b) to establish a national strategy for the Government in relation to the strategic planning and sustainable maritime usages in the maritime area,

(c) to apply an ecosystem based approach for the purpose of supporting proper planning and sustainable maritime usages in the maritime area, and

(d) to promote the coexistence of different types of maritime usages in the maritime area.

(3) The competent authority (M) may prepare—

(a) one MSP for the whole of the maritime area,

(b) different MSPs for different geographical or sectoral areas, or both, of the maritime area, or

(4) The competent authority (M) shall, in the performance of his or her functions under this section—

(a) give consideration to the matters specified in paragraph 1 of Article 5 of the MSP Directive, and

(b) aim to contribute to the matters specified in paragraph 2 of Article 5 of the MSP Directive.

(5) A MSP shall identify the matters specified in paragraph 1 of Article 8 of the MSP Directive and the competent authority shall, when making a MSP, ensure compliance with paragraph 2 of that Article.

17. Requirements of maritime spatial planning

17. (1) The competent authority (M) shall, for the purpose of marine spatial planning and the preparation of a MSP—

(a) comply, or ensure compliance, with the requirements of paragraphs 1 and 2 of Article 6, and Articles 10, 11 and 12, of the MSP Directive,

(b) take account of circumstances particular to the marine region to which the Convention for the Protection of the Marine Environment of the North-East Atlantic, done at Paris on 22 September 1992, applies, and

(2) The Minister shall, not later than six years after the existing NMPF was first published, carry out a review thereof and, following the completion of the review, either—

(a) prepare and publish, in accordance with this Part and the MSP Directive, a MSP to replace the existing NMPF, or

(b) in circumstances where he or she decides not to prepare and publish such MSP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why he or she has made that decision and publish the statement on a website of the Government.

(3) The Minister shall, not later than six years after a MSP (being a MSP for the time being in force) was first published, carry out a review thereof and, following the completion of the review, either—

(a) prepare and publish, in accordance with this Part and the MSP Directive, a new MSP to replace the first-mentioned MSP, or

(b) in circumstances where he or she decides not to prepare and publish such new MSP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why he or she has made that decision and publish the statement on a website of the Government.

18. Public participation on MSPs

18. (1) The competent authority (M) shall, as soon as is practicable after initiating a review referred to in section 17(2) or (3), as appropriate, and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish on a website of the Government a statement (in this section referred to as the “public participation statement (M)”) of the processes settled by the competent authority (M) in relation to the involvement of interested persons in the preparation of a relevant document.

(2) The competent authority (M) shall take all reasonable steps to comply with the public participation statement (M).

(3) The competent authority (M) shall keep the public participation statement (M) under review and, if the competent authority (M) considers it necessary or expedient to revise the statement and does so, the competent authority shall publish on a website of the Government the statement as so revised.

(4) The Minister may by regulations specify requirements with which a public participation statement (M) shall comply, including requirements relating to any of the following:

(a) appropriate time periods for public consultation;

(b) arrangements for the publication of notices relating to relevant documents;

(i) public consultation timeframes, including periods during which submissions may be made;

(ii) information on how submissions received will be acknowledged, considered and published;

(iii) information on the proposed methods of public participation;

(d) specific arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section) in relation to MSPs that fall within section 16(3)(a), (b) or (c);

(e) arrangements relating to the establishment of methods of public participation.

(5) Where the Minister makes regulations under subsection (4), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies:

(a) compliance with the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1993;

(b) compliance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003^9 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC - statement by the Commission;

(d) the opportunity to incorporate national and international good practices relating to public participation;

(e) public participation in the process is inclusive;

(f) the administrative burden on the competent authority (M) and participants is considered, making use, where possible, of existing public participation processes and methods;

(g) that public participation is initiated at an early stage in and continued throughout the development of MSPs;

(h) that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities;

(i) that appropriate use is made of information technology;

(j) particular requirements relating to MSPs that fall within section 16(3)(a), (b) or (c).

(6) For the purposes of assisting any committee of the Oireachtas to engage in the public participation the subject of this section, the Minister shall cause a copy of the public participation statement (M) (including any such statement as revised under subsection (3)) to be laid before each House of the Oireachtas.

(7) In this section, “relevant document” means—

(a) a draft of a MSP that falls within section 16(3)(a), (b) or (c),

(b) a document specified in the public participation statement (M) as a document to which this paragraph applies, or

19. Laying of MSPs before each House of Oireachtas

19. (1) This section shall not apply to a DMAP to which Chapter 4 applies.

(2) Where the competent authority (M) proposes to make a MSP, he or she shall lay a draft of the MSP, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof, before each House of the Oireachtas, and shall not make the MSP until a resolution approving of the draft has been passed by each such House.

(3) The competent authority (M) shall, in the making of a MSP, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2).

(4) The competent authority (M) shall cause a copy of a MSP to be laid before each House of the Oireachtas as soon as is practicable after the MSP has been made.

Chapter 3

20. Designation of public bodies who may make DMAPs

20. (1) Without prejudice to section 15 but subject to subsections (3) to (5) and (7), the Minister may, F15[by order,] designate one or more than one public body (other than a public body which falls within paragraph (d) of the definition of “public body”) to be a competent authority (in this Part referred to as a “competent authority (D)”) for the purposes of preparing and publishing on a website of the public body a maritime area plan (in this Act referred as a “designated maritime area plan”) in accordance with this Chapter and the MSP Directive and any such designation may be in respect of one or more than one of the following:

(a) all or specified activities of a competent authority for the purposes of the MSP Directive;

(b) acting as a coordinating body for some or all of the competent authorities for some of their activities;

(2) A competent authority (D) shall be deemed to have all the functions necessary to perform functions for the purposes of the designation concerned.

(3) Where the Minister F16[proposes to designate by order a public body] as a competent authority (D) and the body is—

(a) a Minister of the Government, or

(b) any other public body that, in the opinion of the Minister, is a body directly or indirectly responsible to a Minister of the Government,

then the Minister F16[shall not make the order] without the consent of the Minister of the Government concerned.

(4) Where the Minister proposes to F16[designate, by order, a] public body as a competent authority then, without prejudice to subsection (3) where that subsection applies, the Minister shall consult with that body F16[before making the order].

F16[(5) An order amending or revoking an order designating a public body as a competent authority (D) may provide for any matters ancillary or consequential to such amendment or revocation.]

(6) F17[…]

(7) Where the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6, the Minister may designate F15[by order] under this section, and with all necessary modifications to this section, a public body to perform any functions under this Act in relation to that DMAP that would, in the absence of F16[such order being made], otherwise have to be performed by the competent authority (M).

21. Proposals for DMAPs

21. (1) Subject to subsection (2), a competent authority (D) shall, as soon as is practicable after its designation under section 20 as such or where section 26(1)(a) applies, prepare a proposal for a DMAP (in this Chapter referred to as the “relevant proposal”).

(2) The relevant proposal shall specify—

(a) the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of,

(b) the geographical areas (including, at the discretion of the competent authority (D), alternatives thereto) of the maritime area proposed to be the subject of the DMAP,

(d) the maritime usages proposed to be the subject of the DMAP,

(e) any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (d),

(f) the proposed evidence base of the DMAP,

(g) the proposed statement referred to in section 23(1),

(h) the existing DMAPs or existing maritime usages, or both, proposed to be taken into consideration during the preparation of the DMAP,

(i) the timeframe within which it is reasonably expected that the DMAP will be prepared, and

(j) any other matters to which it is proposed that the competent authority (D) have regard to in preparing the DMAP.

(3) The competent authority (D) shall, as soon as is practicable after preparing the relevant proposal, submit the relevant proposal to the Minister for the Minister’s approval to the competent authority (D) preparing a draft DMAP based on such proposal.

(4) Where the Minister receives a relevant proposal, he or she shall—

(a) if satisfied that such proposal complies with all the requirements of this Part and the MSP Directive in so far as they relate to the proposal, approve the competent authority (D) preparing a draft DMAP based on such proposal, or

(b) in any other case, giving a notice in writing to the competent authority (D) refusing to approve the competent authority (D) preparing a draft DMAP based on such proposal and stating the Minister’s reasons for the refusal.

(5) The competent authority (D) shall, as soon as is practicable after it has been approved under subsection (4)(a) to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website.

(6) Where the relevant proposal of a competent authority (D) is refused approval under subsection (4)(b), the competent authority (D) may prepare a new relevant proposal to take account of the Minister’s reasons for such refusal and, in any such case, the other provisions of this section (including subsection (4)(b)) shall apply accordingly.

22. Draft DMAPs, etc.

22. (1) The competent authority (D) shall, as soon as is practicable after the competent authority (D) has been approved under section 21(4)(a) to prepare a draft DMAP based on the relevant proposal concerned, prepare a draft DMAP consistent with—

(a) subject to subsection (4), such proposal,

(b) the marine planning policy statement,

(c) the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies),

(d) guidelines issued under section 7 to the extent that the guidelines are relevant to the draft DMAP, and

(e) policy directives issued under section 8 to the extent that the directives are relevant to the draft DMAP.

(2) The draft DMAP shall specify—

(a) the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of,

(b) the geographical or sectoral areas, or both, of the maritime area proposed to be the subject of the DMAP,

(c) the proposed extent of the maritime area (represented spatially or otherwise) proposed to be utilised by the maritime usages the subject of the DMAP,

(d) particulars of the maritime usages referred to in paragraph (c),

(e) any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (c),

(f) any proposed colocation or coexistence of the maritime usages referred to in paragraph (c),

(g) any proposed measures to avoid or mitigate any adverse impact of the maritime usages referred to in paragraph (c) on protected sites, species or habitats,

(h) any proposals to—

(i) avoid or mitigate any potentially adverse effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c), or

(ii) benefit the environment or protected sites taking into account the potential effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c),

and

(i) any proposals to avoid or mitigate any potentially adverse impact on other lawful users of the maritime area of the undertaking of one or more than one of the maritime usages referred to in paragraph (c).

(3) The competent authority (D) shall cause an appropriate assessment and a strategic environmental assessment to be carried out in relation to the draft DMAP.

(4) The draft DMAP may be inconsistent with the relevant proposal if the Minister has given notice in writing to the competent authority (D) that the Minister has no objection to the inconsistency concerned.

23. Public participation on DMAPs

23. (1) The competent authority (D) shall, as soon as is practicable after the relevant proposal has been approved under section 21(4)(a) and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish on its website a statement (in this section referred to as the “public participation statement (D)”) of the processes settled by the competent authority (D) in relation to the involvement of interested persons in the preparation of a relevant document.

(2) The competent authority (D) shall take all reasonable steps to comply with the public participation statement (D).

(3) The competent authority (D) shall keep the public participation statement (D) under review and, if the competent authority (D) considers it necessary or expedient to revise the statement and does so, the competent authority (D) shall publish on its website the statement as so revised.

(4) The Minister may by regulations specify requirements with which a public participation statement (D) shall comply, including requirements relating to any of the following:

(a) appropriate time periods for public consultation;

(b) arrangements for the publication of notices relating to relevant documents;

(i) public consultation timeframes, including periods during which submissions may be made;

(ii) information on how submissions received will be acknowledged, considered and published;

(iii) information on the proposed methods of public participation;

(d) specific arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section for different competent authorities (D)) in relation to DMAPs prepared by different competent authorities (D);

(e) arrangements relating to the establishment of methods of public participation.

(5) When the Minister makes regulations under subsection (4), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies:

(a) compliance with the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998;

(b) compliance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003^10 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC - Statement by the Commission;

(d) the opportunity to incorporate national and international good practices relating to public participation;

(e) public participation in the process is inclusive;

(f) the administrative burden on the competent authority (D) and participants is considered, making use, where possible, of existing public participation processes and methods;

(g) that public participation is initiated at an early stage in and continued throughout the development of DMAPs;

(h) that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities;

(i) that appropriate use is made of information technology;

(j) particular requirements relating to DMAPs that are made by different competent authorities (D).

(6) For the purposes of assisting any committee of the Oireachtas to engage in the public participation the subject of this section, a copy of the public participation statement (D) shall be laid before each House of the Oireachtas.

(7) In this section, “relevant document” means—

(a) a draft of a DMAP,

(b) a document specified in the public participation statement (D) as a document to which this paragraph applies, or

24. Minister and draft DMAP

24. (1) The competent authority (D) shall, as soon as is practicable after complying with sections 22 and 23 in relation to the draft DMAP, revise (if necessary) the draft to take into account any relevant considerations arising from the public consultation, appropriate assessment and strategic environmental assessment carried out, as required by those sections, in relation to the draft and submit the draft to the Minister.

(2) The Minister shall review the draft DMAP to ascertain whether or not there are any inconsistencies between the plan and any of the following:

(a) the MSP Directive;

(b) the marine planning policy statement;

(d) guidelines issued under section 7 to the extent that the guidelines are relevant to the draft;

(e) policy directives issued under section 8 to the extent that the directives are relevant to the draft.

(3) Where the Minister ascertains an inconsistency referred to in subsection (2), he or she shall—

(a) make a recommendation in writing to the competent authority (D) to amend the draft DMAP to avoid or mitigate the inconsistency, or

(b) give notice in writing to the competent authority (D) of the inconsistency and in that notice state that the draft DMAP does not need to be amended to avoid or mitigate the inconsistency,

as the Minister thinks fit in all the circumstances of the case.

(4) Where subsection (3)(a) applies, the competent authority (D) shall—

(a) amend the draft DMAP in accordance with the recommendation concerned,

(b) cause an appropriate assessment and strategic environmental assessment to be carried out in relation to the amendment to the draft DMAP, and

(c) after paragraphs (a) and (b) have been complied with and, if necessary, revise the draft DMAP to ensure that section 33 is complied with.

25. Laying of DMAPs before each House of Oireachtas

25. (1) This section shall not apply to a DMAP to which Chapter 4 applies.

(2) Where the competent authority (D) proposes to make a DMAP after section 24 has been complied with, a draft of the DMAP, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof, shall be laid before each House of the Oireachtas, and the competent authority (D) shall not make the DMAP until a resolution approving of the draft has been passed by each such House.

(3) The competent authority (D) shall, in the making of a DMAP, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2).

(4) A copy of a DMAP made by the competent authority (D) shall be laid before each House of the Oireachtas as soon as is practicable after the DMAP has been made.

26. Reviews of DMAPs, etc.

26. (1) Subject to subsection (2), a competent authority (D) shall, not later than six years after a DMAP (being a DMAP for the time being in force) prepared by the competent authority (D) was first published, carry out a review thereof and, following the completion of the review, either—

(a) prepare and publish, in accordance with this Part and the MSP Directive, a new DMAP to replace the first-mentioned DMAP, or

(b) in circumstances where the competent authority (D) decides not to prepare and publish such new DMAP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why the competent authority (D) has made that decision and publish the decision on its website.

(2) (a) The Minister may issue a policy directive under section 8 requiring a competent authority (D) to review under subsection (1) a DMAP prepared by the competent authority (D) and to carry out such review in accordance with the provisions of the directive.

(b) The competent authority the subject of a policy directive referred to in paragraph (a) shall comply with the directive.

Chapter 4

27. Laying of certain DMAPs before CPAs

27. (1) This section applies to a DMAP that applies exclusively within the nearshore area of one or more than one CPA.

(2) Where the relevant competent authority proposes to make a DMAP to which this section applies, the relevant competent authority (or, in the case of such competent authority which is a CPA, the chief executive of the CPA concerned or, if there are two or more CPAs concerned, the chief executives jointly of such CPAs) shall lay a draft of the DMAP before each CPA referred to in subsection (1) concerned and the relevant competent authority shall not make the DMAP until a resolution approving of the DMAP has been passed by each such CPA.

(3) The relevant competent authority (other than in the case of such competent authority which is a CPA) shall, in the making of a DMAP, have regard to—

(a) in the case of a draft of that DMAP laid before only one CPA in accordance with subsection (2), any resolution, report or recommendation of the CPA in so far as such resolution, report or recommendation relates to the draft, or

(b) in the case of a draft of that DMAP laid before two or more CPAs in accordance with subsection (2), any joint resolution, report or recommendation of the CPAs in so far as such resolution, report or recommendation relates to the draft.

(4) The relevant competent authority (not being a CPA) shall cause a copy of a DMAP made by the relevant competent authority to be laid before each CPA referred to in subsection (1).

(5) In this section, “relevant competent authority”, in relation to a DMAP, means the competent authority (M) or competent authority (D) who prepared the DMAP.

Chapter 5

28. Amendment of MSPs and DMAPs

28. (1) Where the relevant competent authority wishes to make a material amendment to a relevant plan without replacing the plan, the relevant provisions shall, with all necessary modifications, apply to the preparation and making of the amendment as they apply to the preparation and making of a relevant plan.

(2) Subject to subsection (3), the Minister may by regulations specify classes of amendments to a relevant plan that are, for the purposes of this section, non-material amendments.

(3) Where the Minister makes regulations under subsection (2), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the proposed classes of amendments referred to in that subsection:

(a) that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential;

(b) that the amendments which fall within that class should not cause any significant inconsistencies between the amendment concerned and any of the following:

(i) the MSP Directive;

(ii) the marine planning policy statement;

(iii) the National Marine Planning Framework;

(iv) guidelines issued under section 7;

(v) policy directives issued under section 8;

(c) that the amendments which fall within that class should not cause any significant erosion of the provisions of the relevant plan concerned relating to any avoidance or mitigation measures.

(4) Where the relevant competent authority is a competent authority (D) who wishes to make a non-material amendment to a relevant plan which is a DMAP, it shall give notice in the specified form to the Minister of the amendment not less than 10 working days before making the amendment.

(5) In this section—

“material amendment”, in relation to a relevant plan, means any amendment to the plan other than an amendment which falls within a class of amendments specified in regulations made under subsection (2);

“non-material amendment”, in relation to a relevant plan, means an amendment which falls within a class of amendments specified in regulations made under subsection (2);

“relevant competent authority” means—

(a) in relation to a relevant maritime spatial plan that is a MSP, the competent authority (M), and

(b) in relation to a relevant maritime spatial plan that is a DMAP, the competent authority (D) concerned;

“relevant plan” means—

(a) a MSP, or

(b) a DMAP;

“relevant provisions” means—

(a) in relation to a relevant plan that is a MSP, the provisions of Chapter 2 and, if applicable, Chapter 4, and

(b) in relation to a relevant plan that is a DMAP, the provisions of Chapter 3 and, if applicable, Chapter 4.

Chapter 6

29. Competent authority (M) may make DMAPs

29. (1) Subject to subsection (3), the competent authority (M) may prepare and publish on a website of the Government a DMAP in accordance with Chapter 3 and the MSP Directive in respect of one or more than one of the following:

(a) all or specified activities of a competent authority for the purposes of the MSP Directive;

(b) acting as a coordinating body for some or all of the competent authorities for some of their activities;

(2) The competent authority (M) shall be deemed to have all the functions necessary to perform functions for the purposes of exercising his or her power under subsection (1).

(3) Subject to subsection (4), the provisions of Chapters 3 to 5 shall, for the purposes of subsection (1), apply to the competent authority (M) as if references in those provisions to the competent authority (D) were references to the competent authority (M).

(4) The following modifications shall apply, for the purposes of subsection (1), to the provisions of Chapters 3 to 5:

(a) section 20 shall be treated as being deleted (but without prejudice to the generality of section 20(7) once the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6);

(b) section 21(1) shall be treated as if the words “he or she decides to exercise the power under section 29(1) ” were substituted for the words “its designation under section 20 as such”;

(d) section 21(5) shall be treated as if the words “he or she has prepared the relevant proposal, publish, or cause to be published, such proposal on a website of the Government” were substituted for the words “it has been approved under subsection (4)(a) to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website”;

(e) section 21(6) shall be treated as being deleted;

(f) section 22(1) shall be treated as if the words “relevant proposal concerned has been published in accordance with section 21(5)” were substituted for the words “competent authority (D) has been approved under section 21(4)(a) to prepare a draft DMAP based on the relevant proposal concerned”;

(g) section 22(4) shall be treated as being deleted;

(h) section 23(1) and (3) shall be treated as if the words “a website of the Government” were substituted for the words “its website”;

F18[(i)section 24(1)shall be treated as if the words "and submit the draft to the Minister" were deleted;]

F19[(ia)section 24(3)to(4)shall be treated as being deleted;]

(j) section 25(2) shall be treated as if the words “after section 24 has been complied with” were deleted;

(k) section 26(2) shall be treated as being deleted;

(l) section 28(4) shall be treated as being deleted;

(m) section 28(5) shall be treated, in the definition of “relevant provisions”, in paragraph (b), as if the words “and subject to Chapter 6 if applicable” were inserted after “is a DMAP”.

Chapter 7

30. Compliance by public bodies

30. (1) A public body shall adopt such measures, consistent with the body’s functions, as are necessary to secure the objectives of the National Marine Planning Framework.

(2) In this section, “functions” includes—

(a) the formulation of any policy, programme or plan in relation to any maritime usage or proposed maritime usage,

(b) the giving of any authorisation by or under any enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation) for the purposes of any maritime usage or proposed maritime usage, and

31. Directions of Minister

31. (1) Subject to section 32, the Minister may give a direction to a public body to adopt such measures as are specified in the direction relating to—

(a) the implementation of maritime spatial planning,

(b) compliance with the National Marine Planning Framework, or

(2) (a) A direction under this section shall be in writing and may apply to one or more than one public body.

(b) The Minister shall cause a direction under this section to be published on a website of the Government at the same time as it is given to the public body concerned or as soon as is practicable thereafter.

(3) A public body to whom a direction under this section is given shall comply with the direction.

(4) In this section, “public body” does not include the Minister.

32. Steps preliminary to deciding whether or not to issue direction under section 31

32. (1) This section applies where the Minister is minded to give a direction under section 31 (in this section referred to as the “direction concerned”) to a public body (in this section referred to as the “public body concerned”).

(2) The Minister shall, in the interests of procedural fairness, give a notice in writing to the public body concerned to which is attached a draft of the direction concerned stating that—

(a) the Minister is minded to give that direction to that body, and

(b) the body may, if it wishes to do so, within the period specified in the notice (being a period of not less than four weeks from the giving of the notice) make submissions in writing to the Minister on the direction.

(3) Where the Minister receives submissions referred to in subsection (2) before the expiration of the period referred to in that subsection, he or she may, after having regard to those submissions—

(a) give the direction concerned to the public body concerned with such revisions to the direction as the Minister considers are warranted in view of those submissions,

(b) give the direction concerned to the public body concerned without any revisions to the direction if the Minister considers that no such revisions are warranted in view of those submissions, or

(i) in view of those submissions, the direction is not warranted, or

(ii) for any other reason, the direction is no longer warranted.

(4) Where the Minister receives no submissions referred to in subsection (2) before the expiration of the period referred to in that subsection, he or she may—

(a) give the direction concerned to the public body concerned, or

(b) decline to give the direction concerned to the public body concerned if the Minister considers that, for any reason, the direction is no longer warranted.

(5) Where subsection (3)(c) or (4)(b) applies, the Minister shall, as soon as is practicable after making the decision referred to in that subsection, give notice in writing of that decision to the public body concerned.

Chapter 8

33. Appropriate assessment and strategic environmental assessment

33. (1) For the avoidance of doubt, the relevant competent authority shall, in the preparation of any thing to which this subsection applies, ensure that the thing does not contravene the following acts of the institutions of the European Union, or any provision of an Act of the Oireachtas enacted or made for the purposes of giving effect to any such act:

(a) Habitats Directive;

(b) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001^11 on the assessment of the effects of certain plans and programmes on the environment;

(2) Subsection (1) applies to each of the following:

(a) the marine planning policy statement;

(b) guidelines issued under section 7;

(d) each draft MSP;

(e) each draft DMAP;

(f) a proposed material amendment under section 28.

(3) In this section, “relevant competent authority” means the competent authority (M) or competent authority (D), as appropriate.

F20[Chapter 8A

33A. F21[Judicial review of matters relating to MSPs and DMAPs

33A.—(1) Where a point of law arises on any matter with which a public body is concerned under this Part, the public body may refer the point to the High Court for decision.

(2) A person shall not question the validity of any decision made or other act done by a public body in the performance or purported performance of a function under this Part in relation to a MSP or DMAP otherwise than by way of an application for judicial review under Order 84.

(3) A public body may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to whichsubsection (2)applies and which relates to a matter for the time being before the public body, apply to the High Court to stay the proceedings pending the making of a decision by the public body in relation to the matter concerned.

(4) On the making of such an application, the High Court may, where it considers that the matter before the public body is within the jurisdiction of the public body, make an order staying the proceedings concerned on such terms as it thinks fit.

(5) Subject tosubsection (6), an application for leave to apply for judicial review under Order 84 in respect of a decision or other act to whichsubsection (2)applies shall be made within the period of eight weeks beginning on the date on which—

(a) the publication requirement ofsection 16(1),17(2)(a)or(b),17(3)(a)or(b), or18(1)is complied with in respect of the public body’s decision,

(b) the publication requirement ofsection 26(1)(a)or(b), is complied with in respect of the public body’s decision,

(d) the public body does the act concerned,

as appropriate.

(6) The High Court may extend the period provided for insubsection (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.

(7) References in this section to Order 84 shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.]

33B. F22[Provisions supplementary to section 33A

33B.—(1) In this section—

"Court", where used without qualification, means the High Court (but this definition shall not be construed as meaning thatsubsections (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 33A leave" means leave to apply for judicial review under Order 84 in respect of a decision or other act to whichsection 33A(2)applies.

(2) (a) An application for section 33A 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 public body concerned, 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.

(3) The Court shall not grant section 33A 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) (i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) where the decision or act concerned relates to a development identified in or under regulations made undersection 176of the Act of 2000, for the time being in force, as being development which may have significant effects on the environment, the applicant—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(4) A sufficient interest for the purposes ofsubsection (3)(b)(i)is not limited to an interest in land or other financial interest.

(5) If the court grants section 33A 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 undersubsection (3)(a).

(6) The determination of the Court of an application for section 33A 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.

(7)Subsection (6)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.

(8) If an application is made for judicial review under Order 84 in respect of part only of a decision or other act to whichsection 33A(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.

(9) The Court shall, in determining an application for section 33A leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice.

(10) On an appeal from a determination of the Court in respect of an application referred to insubsection (9), the Court of Appeal shall—

(a) have jurisdiction to determine only the point of law certified by the Court undersubsection (6)(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.

(11) Rules of court may make provision for the expeditious hearing of applications for section 33A leave and applications for judicial review on foot of such leave.]

Chapter 9

34. Definitions - Chapter 9

34. In this Chapter—

“Database” means the Maritime Authorisation Database established under section 35(1);

“relevant data” means the data referred to in section 36(1);

“relevant particulars” means the particulars of relevant data required to be entered into the Database by regulations made under section 36.

35. Establishment of Maritime Authorisation Database

35. (1) The Minister shall, as soon as is practicable after the coming into operation of this section, establish and maintain a database to be known as the Maritime Authorisation Database.

(2) The Database shall be in the form of an electronic database which is easily accessible through public electronic telecommunications networks.

(3) The Minister shall enter the relevant particulars of the relevant data in the Database as soon as is practicable after he or she receives the data.

(4) Where relevant data is received by a public body other than the Minister, the public body shall, as soon as is practicable, give that data to the Minister in the form specified by the Minister.

(5) The Minister may, by notice in writing given to—

(a) a public body which has received relevant data, or

(b) a person who gave the relevant data referred to in paragraph (a) to the public body referred to in that paragraph,

require the public body or the person, as the case may be, to provide such additional relevant data, or additional information concerning relevant data, as the Minister reasonably considers necessary in maintaining the Database.

(6) The public body or person to whom a notice under subsection (5) has been given shall comply with that notice as soon as is practicable after the public body or person, as the case may be, has received the notice.

36. Data to which Database applies, etc.

36. (1) The Minister may by regulations specify the data to which the Database applies, being data that the Minister is satisfied—

(a) relate to an authorisation (in this section referred to as a “relevant authorisation”) by or under this Act or any other enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation) of any maritime usage or proposed maritime usage, and whether or not such authorisation also relates to an area outside the maritime area, and

(b) should be readily available for access by users or proposed users of the maritime area and interested members of the public.

(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may specify the particulars of the relevant data to which the Database applies that are to be entered in the Database.

(3) Where the Minister makes regulations under subsection (1) to which subsection (2) applies, he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the particulars of relevant data that are to be entered in the Database:

(a) that the particulars should be sufficient to enable persons accessing the Database to readily ascertain—

(i) the part of the maritime area to which the relevant authorisation relates,

(ii) the maritime usage or proposed maritime usage the subject of the relevant authorisation, and

(iii) the name and contact details of the holder of the relevant authorisation;

(b) the need to know the date (if any), or the occurrence of the event (if any), on which the relevant authorisation expires; and

(4) The Minister may, for the purposes of this Chapter, combine or link, in such manner as he or she thinks appropriate, the Database with any other database (by whatever name called) which contains relevant data.

37. Correction of Database

37. (1) For the purposes of keeping the Database correct, the Minister may—

(a) subject to paragraph (b), amend or delete any relevant particulars entered in the Database, or

(b) where section 36(4) applies, request in writing the public body who maintains the other database to amend or delete any relevant particulars, specified in the request and for the reasons specified in the request, entered in the other database.

(2) The Minister shall take such steps as he or she considers necessary from time to time to ensure that the particulars entered in the Database are correct.

38. General power of Minister to obtain information relating to maritime area

38. (1) The Minister may, for the purposes of promoting good governance in the sharing of information, whether under this Act or any other enactment, relating to the maritime area, give a direction in writing to a public body to give to the Minister, within the period specified in the direction (being a period reasonable in all the circumstances of the case), the information, relating to the maritime area, specified in the direction.

(2) A direction under subsection (1) may specify that the information concerned be given to the Minister on a periodic basis.

(3) A public body the subject of a direction under subsection (1) shall comply with the direction.

(4) The Minister may enter in the Database such particulars of information given to him or her pursuant to a direction under subsection (1) that the Minister is satisfied should be readily available for access by users or proposed users of the maritime area and interested members of the public.

39. Delegation by Minister to MARA

39. (1) The Minister may delegate to the MARA any of his or her functions under this Chapter (except the Minister’s power to make regulations under section 36) which he or she considers can effectively be performed by the MARA and the Minister shall be responsible for monitoring, approving or reviewing the performance of such delegated functions by the MARA.

(2) Where a function of the Minister is delegated to the MARA under subsection (1), the delegation shall remain in force until the Minister revokes it.

PART 3 Maritime Area Regulatory Authority

Chapter 1

40. Definitions - Part 3

40. In this Part—

“Act of 1990” means the Companies Act 1990;

“Board (M)” shall be construed in accordance with section 45(1);

“chairperson” means the chairperson of the Board (M);

“chief executive officer” shall be construed in accordance with section 56(1);

“statement of strategy”, in relation to the MARA, shall be construed in accordance with section 66.

41. Establishment day

41. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

Chapter 2

42. Establishment of Maritime Area Regulatory Authority

42. (1) There shall stand established on the establishment day a body which shall be known as an tÚdarás Rialála Limistéir Mhuirí or, in the English language, the Maritime Area Regulatory Authority (in this Act referred to as the “MARA”) to perform the functions assigned to it under this Act or any other enactment.

(2) The MARA is a body corporate with perpetual succession and an official seal and may—

(a) sue and be sued in its own name,

(b) with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of land or an interest in land, and

(3) The seal of the MARA shall be authenticated by—

(a) the signature of the chairperson or another member of the Board (M) authorised in writing by the chairperson to do so, and

(b) the signature of the chief executive officer or another officer of the MARA authorised in writing by the chairperson to do so.

(4) Judicial notice shall be taken of the seal of the MARA, and every document purporting to be an instrument made by the MARA and sealed with the seal of the MARA authenticated in accordance with subsection (3) shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

43. Functions of MARA

43. (1) The functions of the MARA are—

(a) considering MAC applications, granting MACs and revoking or suspending MACs,

(b) considering licence applications, granting licences and revoking or suspending licences,

(d) promoting and monitoring compliance with the provisions of this Act in so far as those provisions relate to MACs or licences, or both,

(e) investigating—

(i) instances of suspected offences under this Act, and

(ii) instances otherwise of suspected non-compliance with Part 3, 4, 5 or 6 or with the obligations to which holders and former holders of MACs or licences are subject,

(f) the prosecuting of offences under this Act by way of summary proceedings,

(g) at the discretion of the MARA, referring cases to the Director of Public Prosecutions where the MARA has reasonable grounds for believing that an indictable offence under this Act has been committed,

(h) fostering and promoting co-operation between regulators of the maritime area, whether or not pursuant to a co-operation agreement referred to in Chapter 6,

(i) the undertaking of all administrative responsibility for foreshore authorisations, including—

(i) performing functions under or in relation to such authorisations as if—

(I) the authorisations had been granted (or otherwise given) by the MARA, and

(II) references in the authorisations (howsoever expressed) to the Minister of the Government who falls within paragraph (c) of section 1B of the Act of 1933 were references to the MARA,

(ii) investigating instances of suspected offences under the Act of 1933, and

(iii) investigating instances otherwise of suspected non-compliance with the Act of 1933 or with obligations to which holders and former holders of the authorisations are subject,

and

(j) performing such other functions as are conferred upon it by this Act, the Act of 2000 F24[, the Act of 2024] or any other enactment.

(2) Subject to this Act, the MARA shall be independent in the performance of its functions.

(3) The MARA shall perform its functions through or by—

(a) the Board (M), or

(b) the chief executive officer or any other member of the staff of the MARA duly authorised in that behalf by the Board (M).

(4) The MARA shall have all such powers as are necessary or expedient for the performance of its functions.

44. Matters to which MARA shall have regard in performing functions

44. The MARA shall, in performing its functions, have regard to—

(a) the obligation imposed on it by section 30,

(b) obligations of the State under the Convention and the Act of 2021,

(c) the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or any Minister of the Government to the extent that those policies may affect or relate to the functions of the MARA, and

(d) the need for co-operation between users of the same part, or adjoining parts, of the maritime area, or both.

Chapter 3

45. Establishment and membership of board of MARA

45. (1) The MARA shall have a board (in this Part referred to as the “Board (M)”) consisting of the following members:

(a) a chairperson;

(b) ordinary members as follows:

(i) an officer of the Department of Housing, Local Government and Heritage;

(ii) an officer of the Department of the Environment, Climate and Communications;

(iii) an officer of the Department of Public Expenditure and Reform;

(iv) a representative of the County and City Management Association;

(v) up to six other persons (if any).

(2) (a) Subject to subsection (1) and paragraphs (b) to (d), the Minister shall appoint to be the chairperson and other members of the Board (M) persons who, in the opinion of the Minister, have sufficient expertise and experience relating to—

(i) matters connected with the functions of the MARA, or

(ii) corporate governance and management generally,

to enable them to make a substantial contribution to the effective and efficient performance of those functions.

(b) The Minister shall—

(i) for the purposes of appointing a member who falls within subsection (1)(b)(i), (ii) or (iii), so appoint a nominee put forward by the Minister of the Government for the Department concerned where the Minister first-mentioned in this paragraph is of the opinion referred to in paragraph (a) as regards that nominee, and

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