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

(ii) for the purposes of appointing a member who falls within subsection (1)(b)(iv), so appoint a nominee put forward by the County and City Management Association where the Minister first-mentioned in this paragraph is of the opinion referred to in paragraph (a) as regards that nominee.

(c) The Minister shall, for the purposes of appointing members who fall within subsection (1)(b)(v), ensure that any such appointment does not result in there being more than—

(i) two members who are officers of the same Department referred to in subsection (1)(b)(i), (ii) or (iii), or

(ii) two members who are representatives of the County and City Management Association.

(d) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Board (M) there is an equitable balance between men and women.

(3) The chairperson shall hold office for such period, not exceeding four years, from the date of appointment to the office as the Minister shall determine.

(4) Subject to subsection (5), each ordinary member shall hold office for such period, not exceeding four years, from the date of appointment to the office as the Minister shall determine.

(5) Of the ordinary members of the Board (M) first constituted under this section—

(a) three members shall hold office for a period of three years from the date appointed to the office, and

(b) three members shall hold office for a period of four years from the date appointed to the office.

(6) Subject to subsection (7), a member of the Board (M) (including the chairperson) whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board (M), whether as an ordinary member or as the chairperson.

(7) A person who is reappointed to the Board (M) in accordance with subsection (6) shall not hold office for more than two consecutive terms and in any event may not serve for a period of more than eight years.

(8) A member may resign from office by letter sent to the Minister and the resignation shall take effect on the later of—

(a) the date specified in the letter, or

(b) the date of receipt of the letter by the Minister.

(9) The Minister shall, as soon as is practicable after a person is appointed to be a member of the Board (M), publish on a website of the Government a notice of the name of the person so appointed.

(10) The Minister may, by notice in writing, nominate an ordinary member of the Board (M) to be the deputy chairperson of the Board (M) to act as the chairperson if, for whatever reason, the chairperson is unable to perform his or her functions.

46. Casual vacancies

46. (1) If a member resigns, dies, ceases to hold office (otherwise than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister shall, as soon as is practicable, appoint, consistent with the provisions of section 45, a person to fill the casual vacancy so arising.

(2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office or such other period as the Minister may determine not exceeding four years (including such unexpired period).

(3) A member appointed under subsection (1) is eligible for reappointment to the Board (M) on the expiry of the unexpired period or other period, as appropriate, referred to in subsection (2) but may not serve for more than two further consecutive terms and in any event may not serve for a period of more than eight years.

47. Functions of Board (M)

47. (1) The Board (M) is the governing body of the MARA with authority, in the name of the MARA, to perform the functions of the MARA.

(2) The Board (M) shall—

(a) ensure that the functions of the MARA are performed efficiently, effectively and to the highest standards,

(b) set the objectives of the MARA consistent with those functions and the statement of strategy,

(d) design a comprehensive framework for the setting of levies under Chapter 7 of Part 4, and

(e) advise and make recommendations to the Minister in relation to policies of the Government or a Minister of the Government affecting the functions of the MARA.

(3) In performing its functions, the Board (M) shall act in good faith with care, skill and diligence.

(4) The Board (M) may delegate to the chief executive officer any of its functions which it considers should be carried out by the chief executive officer and the Board (M) shall be responsible for monitoring, approving or reviewing the performance of such functions by the chief executive officer.

(5) Where a function of the Board (M) is delegated to the chief executive officer, the delegation shall remain in force until the Board (M) revokes it.

(6) The Board (M) shall submit such information regarding the performance of its functions as may be requested in writing by the Minister.

(7) Subject to this Part, the Board (M) may regulate its own procedure.

48. Membership of either House of Oireachtas or European Parliament, etc.

48. (1) A person is not eligible for appointment as a member of the Board (M) or a committee of the Board (M) if the person is—

(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.

(2) A person who is for the time being entitled under the Standing Orders of either House of Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or such a member, be disqualified for membership of the Board (M) or a committee of the Board (M).

49. Removal of member of Board (M)

49. (1) The Minister may at any time remove from office a member of the Board (M) if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour,

(d) the member has contravened an applicable provision of the Ethics in Public Office Act 1995, or

(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) If a member of the Board (M) is removed from office in accordance with subsection (1), the Minister shall give the member a statement in writing of the reasons for the removal.

(3) The Minister shall remove from office a member of the Board (M) if such removal is necessary in order to ensure that section 45(2)(c) continues to be complied with.

(4) A member of the Board (M) shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(f) is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or any other jurisdiction.

(5) A member who does not, for a consecutive period of six months, attend a meeting of the Board (M) ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure was due to ill-health.

(6) In this section, “applicable provision of the Ethics in Public Office Act 1995 ”, in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.

50. Potential conflicts of interest

50. (1) Where a matter is to be decided by the Board (M) at a meeting, any member of the Board (M) present at the meeting who has an interest in the matter, otherwise than as such a member, shall—

(a) at the meeting, in advance of any consideration of the matter, disclose to the Board (M) the fact of the interest and the nature of the interest,

(b) neither influence nor seek to influence a decision relating to the matter,

(d) take no part in any deliberation of the Board (M) or committee of the Board (M) relating to the matter, and

(e) not vote on a decision relating to the matter.

(2) Where a member discloses an interest in a matter under subsection (1) —

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Board (M) or committee of the Board (M) otherwise determines.

(3) Where, at a meeting of the Board (M) or a committee of the Board (M), a question arises as to whether or not a course of conduct, if pursued by a member of the Board (M) or committee of the Board (M), as the case may be, would be a failure by the member to comply with the requirements of subsection (1) —

(a) the question may be determined by the chairperson of the Board (M) or of the committee of the Board (M), as the case may be, whose decision shall be final, and

(b) if the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting concerned.

(4) Where satisfied that a member of the Board (M) or a committee of the Board (M) has contravened subsection (1), the Minister may, if he or she thinks fit to do so, remove that member from office or take any other action that the Minister considers appropriate.

(5) A person who is removed from office under subsection (4) is disqualified from membership of the Board (M) or of a committee of the Board (M).

51. Removal of all members of Board (M)

51. (1) The Minister may remove all members of the Board (M) from office if—

(a) the Board (M) fails to achieve a quorum for three consecutive meetings,

(b) the Board (M) does not comply with a judgement, order or decree of any court,

(c) the Board (M) does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment (including this Act), or

(d) the Minister is of the opinion that the Board (M)’s functions are not being performed in an effective and efficient manner.

(2) The Minister may, if he or she is of the opinion that the Board (M)’s functions are not being performed in an effective and efficient manner, appoint a person to—

(a) conduct an independent review of any matter giving rise to that opinion, and

(b) submit a report to the Minister on the results of the review.

(3) The Board (M) shall co-operate with a review under subsection (2) and give the person conducting it all reasonable assistance, including access to such premises, equipment and books, records and other documents as the person may require for the purposes of the review.

(4) The removal of the members of the Board (M) from office does not revoke or otherwise affect any delegation of the Board (M)’s functions to the chief executive officer under section 47(4).

52. Meetings of Board (M)

52. (1) The Board (M) shall hold as many meetings as are necessary for the performance of its functions, but in each year shall hold at least four meetings.

(2) The chairperson may at any reasonable time call a meeting of the Board (M).

(3) Any number of members of the Board (M) that is not fewer than the quorum for a meeting of the Board (M) may call a meeting of the Board (M) if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than that number of members, or

(b) without refusing to call a meeting, does not call one within seven days of being presented with such a requisition.

(4) Subject to section 45(10), at a meeting called under subsection (3), or where the chairperson has called a meeting or cannot attend, or where the office of the chairperson is vacant, the members present shall choose one of those present to chair the meeting.

(5) The quorum for a meeting of the Board (M) shall be not less than the lowest integer that exceeds half of the total number of members for the time being.

(6) A meeting held while there is a vacancy on the Board (M) will be valid irrespective of the vacancy, as long as there is a quorum.

(7) With the exception of a meeting called in accordance with subsection (3), the chairperson shall, if present, preside at all meetings of the Board (M).

(8) Any question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

(9) Where there is an equal division of votes, the chairperson has a second and casting vote at all meetings at which he or she is present except where a meeting has been called in accordance with subsection (3), in which case the chairperson or, subject to section 45(10), the person chosen in accordance with subsection (4), as appropriate, has a second or casting vote.

53. Committees of Board (M)

53. (1) The Board (M) may establish committees to assist and advise it on matters relating to its functions, or the functions of the MARA, and may determine the membership and terms of reference of each committee.

(2) The Board (M) may appoint to a committee of the Board (M) persons who are not members of the Board (M) but have special knowledge and experience related to the purposes of the committee.

(3) The appointment of a person to a committee of the Board (M) is subject to such terms and conditions as may be determined—

(a) under section 55(1) to the extent that they relate to remuneration and allowances for expenses, and

(b) by the Board (M), in any other case.

(4) The Board (M) shall specify in writing the purposes and terms of reference of each committee of the Board (M).

(5) The acts of a committee of the Board (M) are subject to confirmation by the Board (M) unless the Board (M) dispenses with the necessity for confirmation.

(6) The Board (M) may regulate the procedure of a committee of the Board (M) but, subject to any such regulation, a committee may regulate its own procedure.

(7) The Board (M) may at any time dissolve a committee of the Board (M) established under this section.

54. Ineligibility of holders, etc., for appointment as member

54. (1) Subject to subsection (2), a person shall not be eligible for appointment as a member of the Board (M) if the person is—

(a) the holder of a MAC,

(b) the holder of a licence,

(d) the chief executive officer.

(2) Subsection (1) shall not apply to a person proposed to be appointed as a member of the Board (M) in his or her capacity as a representative of the County and City Management Association.

(3) A person shall not be eligible for appointment as a member of the Board (M) if the person is a member of staff of the MARA.

55. Remuneration and expenses of members of Board (M) and committees

55. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the remuneration and allowances for expenses payable under this section.

(2) The remuneration and allowances for expenses (if any) determined in accordance with subsection (1) are payable by the MARA out of funds at its disposal to—

(a) the members of the Board (M), and

(b) the members of a committee of the Board (M).

(3) The remuneration and allowances for expenses (if any) determined in accordance with subsection (1) are payable by the Minister out of money provided by the Oireachtas to a person appointed under section 51(2) to conduct an independent review.

Chapter 4

56. Appointment of chief executive officer

56. (1) F25[Subject tosubsection (9), the Board (M)] shall, as soon as is practicable after the establishment day and thereafter as required, appoint a person, being a person who has been recommended by the Public Appointments Service, to be the chief executive officer of the MARA (in this Act referred to as the “chief executive officer”).

(2) Subject to subsection (4), the Public Appointments Service shall recommend a person for appointment as the chief executive officer following an open selection competition held by the Service for that purpose.

(3) The Public Appointments Service shall appoint a selection panel to assist it in holding an open selection competition.

(4) The Public Appointments Service shall ensure that a person is recommended under subsection (2) for appointment only if it is satisfied that the person has the qualifications, experience and skills to effectively perform the functions of the chief executive officer.

(5) The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined by the Board (M) with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(6) The remuneration and allowances for expenses determined under subsection (5) shall be paid out of funds at the disposal of the MARA.

(7) The chief executive officer shall not hold any other office or employment or carry on any business.

(8) The chief executive officer, although not eligible, by virtue of section 54(1), to be a member of the Board (M) or a committee of the Board (M), may, in accordance with procedures established by the Board (M) or a committee of the Board (M), as the case may be, attend meetings of the Board (M) or a committee of the Board (M) and shall be entitled to speak at and advise such meetings.

F26[(9) (a) A selection competition to appoint a chief executive officer may be held before the establishment day and the successful candidate may be appointed by the Minister as the chief executive designate of the MARA.

(b) The chief executive designate shall be appointed chief executive officer on the establishment of the MARA.

(c) The date of the person’s appointment underparagraph (a)shall be deemed to be the date of his or her appointment as chief executive officer.]

57. Resignation, removal or disqualification of chief executive officer

57. (1) The chief executive officer may resign from office by giving notice in writing to the Board (M) of his or her resignation.

(2) The Board (M) may, at any time and with the prior approval of the Minister, remove the chief executive officer from office if, in the opinion of the Board (M) —

(a) the chief executive officer has become incapable through ill-health of performing his or her functions,

(b) the chief executive officer has committed stated misbehaviour, or

(c) the removal of the chief executive officer is necessary for the effective and efficient performance by the MARA of its functions.

(3) If the chief executive officer is removed from office in accordance with subsection (2), the Board (M) shall provide the chief executive officer with a statement in writing of the reasons for the removal.

(4) The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) is convicted of any indictable offence,

(d) is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014.

58. Functions of chief executive officer

58. The chief executive officer shall—

(a) carry on and manage, and control generally, the administration and business of the MARA in accordance with the objectives referred to in section 47(2)(b),

(b) perform such other functions as may be assigned to him or her under this Act or any other enactment or as may be delegated to him or her by the Board (M), and

(c) provide the Board (M) with such information (including financial information) relating to the performance of his or her functions and the implementation of the objectives referred to in section 47(2)(b) as the Board (M) may require.

59. Delegation of functions

59. (1) (a) Subject to paragraph (c), the chief executive officer may delegate any of his or her functions under section 58 in writing to a member of staff of the MARA, which member shall be specified by name, grade, position or otherwise.

(b) Without prejudice to the generality of paragraph (a), the chief executive officer may exercise his or her power under that paragraph by delegating all of his or her functions under section 58 to a single member of staff of the MARA to be performed by that member of staff during any period or periods when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform such functions.

(c) The Board (M) may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under paragraph (a) and the chief executive officer shall comply with such directions.

(2) Any function delegated under this section to a member of staff of the MARA shall be performed by the member under the general direction and control of the chief executive officer and in compliance with such directions, limitations and guidelines as may be specified by the chief executive officer.

(3) The delegation of a function does not preclude the chief executive officer from performing the function.

(4) The chief executive officer may—

(a) vary the delegation of a function under this section, or

(b) revoke the delegation.

(5) On varying or revoking the delegation of a function, the chief executive officer shall, as soon as is practicable, inform each member of staff of the MARA to whom the function was delegated of its variation or revocation.

60. Accountability of chief executive officer to committees of Houses of Oireachtas

60. (1) Subject to subsection (2), the chief executive officer shall, at the request in writing of a Committee, attend before it to give account of the general administration of the MARA.

(2) The chief executive officer shall not be required to give account before a Committee for any matter which is or has been, or may be at a future date, the subject of proceedings before a court or tribunal in the State.

(3) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(4) Where the chief executive officer has informed a Committee of this opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in 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.

(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.

(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.

(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.

(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.

(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).

61. 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(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.

(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.

62. 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.

(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.

63. 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).

(2) The Minister may at any time terminate an appointment under this section.

Chapter 5

64. Staff of MARA, etc.

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.

(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.

(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.

(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.

(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).

(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.

(7) The MARA may engage such consultants or advisers as it considers necessary for the performance of its functions.

(8) Fees due to a consultant or adviser engaged under this section are payable by the MARA out of funds at its disposal.

(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.

(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).

Chapter 6

65. 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”.

(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.

(3) A co-operation agreement may be varied by the parties concerned.

(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.

(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.

(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.

(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.

(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.

Chapter 7

66. 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.

(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(1);

(b) a statement of the principal activities of the MARA;

(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.

(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.

67. 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.

(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.

(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.

(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.

(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.

68. 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.

(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.

(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.

(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.

Chapter 8

69. 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.

(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.

(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.

(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.

70. 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(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(5)),

(d) a person engaged under section 64(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.

(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

71. 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.

(2) Such processing shall go no further than is necessary for the carrying out of those functions.

72. 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.

(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.

(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

(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.

73. 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.

(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(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(5)),

(d) an authorised officer, or

(e) an employee of a person referred to in paragraph (b).

Chapter 1

74. Interpretation - Part 4

74. (1) In this Part, “fit and proper person” shall be construed in accordance with Schedule 2.

(2) In sections 85, 88 and 89, “MAC” includes part of a MAC.

Chapter 2

75. When MAC is required prior to seeking development permission, etc.

75. (1) Subject to subsection (4) F27[andsections 75Aand76A], 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.

(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.

(3) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.

F28[(4) (a)Subsection (1)shall not apply to any proposed maritime usage specified inSchedule 3.

(b) Subject toparagraph (c),subsection (1)shall not apply where—

(i) a prospective applicant for the development permission referred to in that subsection has, on or before 1 October 2022, entered into consultations with the Board (P) under section 37B of the Act of 2000, and

(ii) an application for such permission is made, on or before 1 October 2024, pursuant to Part III of the Act of 2000.

(c) Where a person is for the time being not required to be the holder of a MAC by virtue of the operation ofparagraph (b), the person shall make the MAC application concerned before the 2nd anniversary of the date of the grant of the permission concerned pursuant to Part III of the Act of 2000.]

F29[(5) Wheresubsection (1)applies, the application for the development permission referred to in that subsection shall have attached to it the rehabilitation schedule (within the meaning ofsection 95) that would otherwise have been required to be attached to the MAC referred to in that subsection but for the operation ofsection 96(5).]

75A. F30[When MAC is required after grant of certain development permission

75A.(1) Subject tosubsections (2)and(3), where development permission has been granted, on or before 17 July 2023, 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.

(2)Subsection (1)shall not apply to a proposed maritime usage referred to in that subsection that is the subject of—

(a) a lease made under section 2 of the Act of 1933 that authorises the lessee to do, for the purposes of such usage, one or more than one of the acts referred to in that section, or

(b) a licence granted under section 3 of the Act that authorises the licensee to do, for the purposes of such usage, one or more than one of the acts referred to in that section.

(3) An application undersection 79(1)for the grant of a MAC for the purposes of the undertaking of the proposed maritime usage referred to insubsection (1)shall be made before 17 July 2024.

76. When MAC is required but not development permission, etc.

76. (1) Subject to subsection (4) F31[andsection 76A], 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.

(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—

(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.

(3) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.

(4) Subsection (1) shall not apply to any proposed maritime usage specified in Schedule 4.

76A. F32[When MAC is not required

76A.Neithersection 75norsection 76shall apply for a maritime usage in a part of the maritime area consisting of development (including the laying of cables or pipelines or both) authorised by—

(a) a lease made under section 2 of the Act of 1933 pursuant to an application for such lease made under that Act before the establishment day, or

(b) a licence granted under section 3 of the Act of 1933 pursuant to an application for such licence made under that Act before the establishment day.

77. Application for declaration as to whether or not MAC is required, etc.

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.

(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.

(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.

78. 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.

(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.

(3) On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the MARA.

(4) In this section, “relevant applications”, means—

(a) applications under section 77,

(b) MAC applications,

(d) applications under section 88.

Chapter 3

79. 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.

(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(1).

(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.

(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,

(d) engaged principally in non-commercial activities or works.

(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.

80. Criteria to which MARA shall have regard in determining MAC application

80. (1) Without prejudice to the generality of section 81(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.

(2) (a) Subject to subsections (3) and (4), the Minister may by regulations specify, for the purposes of paragraph 11of 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.

(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.

(4) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.

81. 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(1), as the MARA thinks fit, or

(b) giving a notice in writing to the applicant refusing to grant a MAC.

(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.

(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(1), or

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.

(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(1).

F34[(5) Wheresection 75(1)applies, the grant of a MAC does not confer on the holder of the MAC any right in or over the part of the maritime area the subject of the MAC—

(a) unless and until the holder obtains development permission for the maritime usage the subject of the MAC (being development permission that is consistent with the MAC as in force from time to time) andsection 87has been complied with as regards such permission, and

(b) 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 such usage.]

(6) Where section 76(1) applies, the grant of a MAC does not confer on the holder of the MAC any F34[right] 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.

(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(1),

(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.

(8) For the avoidance of doubt, it is hereby declared that subsection (7) only applies once to the same MAC application.

82. 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.

(2) Subject to subsection (5), the conditions specified in Part 2 of Schedule 6 shall be deemed to be attached to each MAC.

(3) Subject to subsections (4) to (6), the Minister may by regulations specify, for the purposes of paragraph 23 of Part 1 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.

(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.

(5) A condition specified for the purposes of paragraph 25 of Part 2 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.

(6) On and after the establishment day, the Minister shall not make regulations under subsection (3) except after consultation with the MARA.

83. 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.

(2) A provision of the grant of a MAC that purports to provide for the renewal of the MAC shall be void.

(3) Section 82 shall not be construed to prejudice the generality of any power under the Act of 2000 to attach conditions to a development permission.

84. Notification of grant or refusal of MAC, etc.

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,

(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(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.

(2) Where section 81(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.

(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.

(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(3).

Chapter 4

85. 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”).

(2) F36[Subject tosubsection (2A), 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.

F37[(2A) Subject tosubsections (2B)and(2C), the Minister may by regulations specify—

(a) a class of assignments (including identifying such class by reference to a class of proposed assignees in relation to whom assignments which fall within that class may be made) to whichsubsection (2)shall not apply, and

(b) the procedures or requirements that will apply to an application by the proposed assignor or the proposed assignee, or both of them, made to the MARA for the MARA’s consent in writing to an assignment which falls within that class (which procedures or requirements may be, or include, modifications of the procedures or requirements which apply to an assignment to whichsubsection (2)does apply).

(2B) Where the Minister makes regulations undersubsection (2A), 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 class of assignments concerned and the procedures and requirements that will apply to the applications concerned:

(a) whether the nature of an assignment which falls within that class, or the nature of the proposed assignee to whom the assignment may be made, or both, warrants the disapplication ofsubsection (2)to that class on the basis that to apply that subsection to that class would be disproportionate;

(b) whether the procedures and requirements applicable to those applications are more proportionate for the purposes of the assignment concerned than the procedures and requirements that would otherwise apply to the assignment by virtue ofsubsection (2)if that subsection were to apply to the assignment.

(2C) On and after the establishment day, the Minister shall not make regulations undersubsection (2A)except after consultation with the MARA.]

F38[(3) The assignment of a MAC purporting to be effected, as appropriate—

(a) without the consent referred to insubsection (2), or

(b) otherwise than in compliance with regulations made undersubsection (2A),

shall be void.]

(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.

86. 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.

(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.

(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.

(4) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA.

(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.

(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.

(7) (a) This subsection applies where a maritime usage the subject of a MAC does not require development permission.

(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.

(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).

87. F39[Resolution of irreconciliation (if any) between MAC and planning permission

87.(1) This section applies where the maritime usage the subject of a MAC has development permission (including any case where such usage has any further development permission subsequent to the initial development permission).

(2) Where, but for this subsection, there is an irreconciliation between a provision of a MAC and a provision of a development permission for the maritime usage the subject of the MAC, that first-mentioned provision shall, by virtue of this section, be deemed to be amended to the extent necessary to remove that irreconciliation in favour of the second-mentioned provision, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.]

Chapter 5

88. 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.

(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.

89. Determination of application under section 88

89. (1) The MARA shall determine an application under section 88(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

(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.

(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;

(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.

(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.

(5) The surrender of a MAC purporting to be effected without the consent referred to in subsection (1)(a) shall be void.

(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).

(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.

(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(1).

Chapter 6

90. 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,

(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.

(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;

(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;

Chapter 7

91. Definition

91. In this Chapter, “levy framework” shall be construed in accordance with section 92(1).

92. 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).

(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;

(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.

(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.

(4) The MARA shall, as soon as is practicable after it establishes the levy framework, publish the framework on its website.

(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.

(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.

93. 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(3)(b), or

(ii) a DMAP,

(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.

(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.

94. When levy framework applies to MAC

94. Subject to section 92(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.

Chapter 8

95. Definitions - Chapter 8

95. In this Chapter and Schedule 6 —

F1[“planning rehabilitation schedule", in relation to a MAC to whichsection 75(5)applies where the development permission concerned referred to in that section has been granted, means the equivalent in such planning permission to the rehabilitation schedule that was attached to the application for such development permission (and regardless of whether or not such equivalent is a schedule attached to the development permission);]

“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(4) F41[attached] to the MAC.

96. 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.

(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;

(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.

(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.

(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;

(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.

(5) Subsection (4) shall not apply to a MAC to which section 75(1) applies.

(6) F42[…]

97. Power of MARA to require holder of MAC to make application under section 86

97. F43[(1) Subject tosubsection (4), this section applies where the MARA is of the opinion, subsequent to the grant of a MAC, or the grant of development permission for the maritime usage the subject of a MAC, as appropriate, but not earlier than the anniversary of that grant 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 ofparagraphs (a)to(c),

the rehabilitation schedule or planning rehabilitation schedule, as the case may be, is no longer appropriate.]

F43[(2) The MARA may, by notice in writing given to the holder of a MAC to which a rehabilitation schedule is attached, require the holder to make an application undersection 86(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 insubsection (1)but excluding any case where to take account of those matters requires an environmental impact assessment (in this section referred to as the "exclusion (EIA)").]

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Maritime Area Planning Act 2021

46. Casual vacancies

47. Functions of Board (M)

48. Membership of either House of Oireachtas or European Parliament, etc.

49. Removal of member of Board (M)

50. Potential conflicts of interest

51. Removal of all members of Board (M)

52. Meetings of Board (M)

53. Committees of Board (M)

54. Ineligibility of holders, etc., for appointment as member

55. Remuneration and expenses of members of Board (M) and committees

Chapter 4

56. Appointment of chief executive officer

57. Resignation, removal or disqualification of chief executive officer

58. Functions of chief executive officer

59. Delegation of functions

60. Accountability of chief executive officer to committees of Houses of Oireachtas

61. Appearance of chief executive officer before Committee of Public Accounts

62. Membership of either House of Oireachtas or European Parliament

63. Acting chief executive officer

Chapter 5

64. Staff of MARA, etc.

Chapter 6

65. Provision for co-operation between MARA and public bodies

Chapter 7

66. Corporate strategy of MARA

67. Accounts of MARA

68. Annual report of MARA

Chapter 8

69. Duty of MARA to give information

70. Disclosure of confidential information

71. Processing of personal data

72. Powers to specify form of document

73. Immunity from suit

PART 4 Maritime Area Consent

Chapter 1

74. Interpretation - Part 4

Chapter 2

75. When MAC is required prior to seeking development permission, etc.

75A. F30[When MAC is required after grant of certain development permission

76. When MAC is required but not development permission, etc.

76A. F32[When MAC is not required

77. Application for declaration as to whether or not MAC is required, etc.

78. Fees for certain applications

Chapter 3

79. Application for grant of MAC

80. Criteria to which MARA shall have regard in determining MAC application

81. Grant or refusal of MAC

82. Conditions attached to MAC

83. Provisions supplementary to grant of MAC

84. Notification of grant or refusal of MAC, etc.

Chapter 4

85. Assignment of MAC

86. Material amendment to MAC

87. F39[Resolution of irreconciliation (if any) between MAC and planning permission

Chapter 5

88. Surrender of MAC

89. Determination of application under section 88

Chapter 6

90. MARA may declare person, etc., who is not individual to be fit and proper person

Chapter 7

91. Definition

92. Levy framework

93. Competitive process

94. When levy framework applies to MAC

Chapter 8

95. Definitions - Chapter 8

96. Obligations on holder of MAC in relation to rehabilitation of maritime area

97. Power of MARA to require holder of MAC to make application under section 86