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

(3) The holder of the MAC shall comply with the notice given to the holder under subsection (2).

F44[(3A) Subject tosubsection (3E), the MARA may, by notice in writing given to the holder of a MAC to which a rehabilitation schedule is attached but to whichsubsection (2)does not apply by virtue of the exclusion (EIA), require the holder to make an application for development permission, 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).

(3B) The holder of the MAC shall comply with the notice given to the holder undersubsection (3A).

(3C) Subject tosubsection (3E), the MARA may, by notice in writing given to the holder of a MAC in respect of which development permission has been granted in respect of the maritime usage the subject of the MAC, require the holder to make an application to amend the planning rehabilitation schedule the subject of such development permission, within the period specified in the notice (being a period reasonable in all the circumstances of the case), to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to insubsection (1).

(3D) The holder of the MAC shall comply with the notice given to the holder undersubsection (3C).

(3E) The matters specified in a notice undersubsection (3A)or(3C)shall not be construed to constrain the generality of the provisions of the Act of 2000 that apply to the determination of an application referred to in that subsection.]

(4) The references to anniversary in subsection (1) may include a series of anniversaries, whether or not with different periods of time passing between one anniversary and the next anniversary in any part, or parts, of the series.

98. Emergency works in maritime area

98. (1) A relevant person shall not be required to be the holder of a MAC in respect of relevant works undertaken, or to be undertaken, in the maritime area for the purposes of protecting life or property in an emergency situation (including such works relating to sea defences).

(2) (a) Paragraph (b) applies where infrastructure in the maritime area—

(i) is or was lawfully in that area entirely or partly pursuant to a MAC, and

(ii) is, for whatever reason, damaged or destroyed.

(b) A person shall not be required to be the holder of a further MAC in order to undertake relevant works in relation to the infrastructure.

(3) Neither subsection (1) nor subsection (2) shall be construed to relieve a relevant person from applying for and obtaining any authorisations (whether the authorisation takes the form of a grant of a licence, consent, approval or any other authorisation) required under this Act or any other enactment in order to enable the person to undertake relevant works.

(4) Subject to subsections (5) to (7), the Minister may by regulations specify, for the purposes of this section, any of the following matters:

(a) the works to which this section applies;

(b) the person who may undertake relevant works or relevant works falling within a class of relevant works specified in the regulations;

(d) the notifications that a relevant person must give upon his or her completion of the relevant works;

(e) the indemnifications that a relevant person must give the MARA or a CPA before undertaking relevant works;

(f) the procedures for obtaining a MAC in respect of the relevant works after the works have been carried out where, but for this section, those works would have required a MAC before being undertaken.

(5) The Minister shall, in making regulations under subsection (4), have regard to—

(a) the nature or gravity, or both, of emergency situations likely to arise in the maritime area and pose a threat to life or property, or both,

(b) the degree of urgency with which those emergency situations need to be dealt with and, concomitant to that, the need to avoid any unnecessary delay in dealing with those situations, and

(c) the expertise and experience required of persons to undertake works to promptly and effectively deal with those emergency situations.

(6) Regulations made under subsection (4) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations.

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

(8) In this section—

“relevant person”, in relation to relevant works, means a person specified in regulations made under subsection (4)(b) who may undertake the works;

“relevant works” means the works specified in regulations made under subsection (4)(a) to which this section applies.

Chapter 9

99. Privately owned part of maritime area, etc.

99. (1) In this section, “relevant part” means a part of the maritime area that is treated as privately owned by virtue of subsection (2).

(2) For the purposes of this Act, no part of the maritime area shall be treated at any time as privately owned unless the part is land whose owner is, or is deemed to be, registered under the Registration of Title Act 1964.

(3) (a) This Part shall not apply to a proposed maritime usage to be undertaken entirely on a relevant part.

(b) Where a proposed maritime usage is to be undertaken entirely on a part of the maritime area that comprises—

(i) a relevant part, and

(ii) another part that is State-owned,

this Act shall apply to the usage to the extent that it is proposed to be undertaken on the part referred to in subparagraph (ii).

(4) Where on the fixing of a judicial rent under the Land Law Acts a sum was added to or included in such rent for any foreshore or an account of any right or facility or alleged right or facility to or for taking material from any foreshore, the order of the sub-commission or court fixing such rent shall not be evidence, as against the State, of the ownership of such foreshore or of the existence of a right to take such material.

(5) Neither the taking, during any period however long, from any foreshore of seaweed deposited or washed up thereon by the action of tides, winds and waves or any of them and not rooted or growing thereon, nor the letting or licensing to other persons, during any period however long, of an alleged right to take such seaweed from any foreshore shall, by itself and without more, constitute possession of or be proof of title to such foreshore.

(6) Where any fee or levy has been paid under this Act that relates to a part of the maritime area that is subsequently shown to have been a relevant part at the time of such payment and which would not have been required to be paid by virtue of that fact, the MARA or the CPA concerned, as appropriate, to whom that fee was paid shall refund the fee or levy to the person who paid it but only to the extent that the fee or levy related to that part.

(7) Nothing in this section shall be construed to prejudice the application of the Act of 2000 to a proposed maritime usage.

(8) In this section, “the Land Law Acts ” means the Land Law Acts as defined by the Land Law (Commission) Act 1923, together with any subsequent Act which provides that it is construed as one with the Land Law Acts.

Chapter 10

100. Definitions - Chapter 10

100. In this Chapter—

“foreshore authorisation” means a foreshore authorisation which falls within section 105 by virtue of being a lease made under section 2 of the Act of 1933;

“incidental energy” means energy produced as an incidental by-product of—

(a) activities in respect of which—

(i) an aquaculture licence, or

(ii) a trial licence,

granted under Part II of the Fisheries (Amendment) Act 1997 relates, or

(b) any other fishing or aquacultural activities duly being carried out;

“offshore renewable energy” means energy (other than incidental energy) produced from a non-fossil renewable resource situated in the maritime area, and includes—

(a) wind or solar energy,

(b) wave or tidal or other hydropower, or

“relevant maritime usage” means any proposed maritime usage which is for the purposes of producing, from wind, offshore renewable energy where the usage—

(a) is the subject of an application for a foreshore authorisation made before 31 December 2019 and which has not been finally determined, or abandoned or withdrawn, before the coming into operation of section 101,

(b) is the subject of a foreshore authorisation, or

(i) a valid connection agreement from a transmission system operator, or

(ii) a confirmation by a transmission system operator as being eligible to be processed to receive a valid connection offer;

“relevant Minister” means the Minister for the Environment, Climate and Communications;

“transmission system operator” has the meaning assigned to it by the Electricity Regulation Act 1999.

101. Relevant maritime usages and MACs before establishment day

101. (1) The relevant Minister may, at any time during the relevant period, give public notice (in this section referred to as the “relevant notice”) in accordance with this section that he or she intends to invite MAC applications for relevant maritime usages.

(2) (a) The relevant Minister shall publish the relevant notice on a website of the Government.

(b) The relevant notice shall specify the period within which the MAC applications invited by the notice shall be made to the relevant Minister.

(c) The relevant Minister shall disregard a MAC application invited by the relevant notice which is received by the relevant Minister after the expiration of the period referred to in paragraph (b).

(3) During the relevant period, all references in section 72 and Parts 4 and 6 to the MARA shall, with all necessary modifications (including the modification that section 92(1) shall be construed as if the words “as soon as is practicable after the establishment day and” were deleted therefrom), be construed as references to the relevant Minister but only in so far as those references relate to MAC applications referred to in this section or MACs granted pursuant to such applications.

(4) In this section, “relevant period” means the period commencing on the coming into operation of Parts 4 and 6 (including any Schedules referred to in those Parts) for the purposes of this section and ending on the establishment day.

102. Provisions supplementary to section 101

102. (1) Every MAC granted by the relevant Minister pursuant to section 101 that is in force immediately before the establishment day shall, on and after that day, continue in force as if it had been granted by the MARA and, without prejudice to the generality of the foregoing, may continue to be terminated, amended, revoked or suspended in accordance with the provisions of this Act.

(2) Any legal proceedings, pending immediately before the establishment day, relating to a matter which arises from the performance of the relevant Minister’s functions under section 101 and to which the relevant Minister is a party by virtue of such performance shall be continued, on and after the establishment day, with the substitution in the proceedings, in so far as the relevant Minister is such a party, of the MARA for the relevant Minister in the relevant Minister’s capacity as such a party.

(3) Any thing commenced and not completed before the establishment day by, or under the authority of, the relevant Minister pursuant to the performance of the relevant Minister’s functions under section 101 may be carried on or completed on or after that day by the MARA.

(4) Any reference to the relevant Minister, in his or her capacity as the relevant Minister performing functions under section 101, in any document (howsoever described) created during the relevant period shall, on and after the establishment day, be construed as a reference to the MARA in so far as the reference relates to the relevant Minister in such capacity.

103. Certain MSPs and DMAPs and MACs after establishment day

103. (1) The MARA may give notice (in this section referred to as the “relevant notice”) in accordance with this section that it intends to invite MAC applications or has received MAC applications, or both, for the maritime usage specified in the notice to be undertaken (if a MAC is granted) in a manner consistent with the MSP referred to in section 16(3)(b), or the DMAP, specified in the notice.

(2) (a) The MARA shall publish the relevant notice on its website.

(b) The relevant notice shall specify the period within which the MAC applications invited by the notice shall be made to the MARA.

(c) The MARA shall disregard a MAC application invited by the relevant notice which is received by the MARA after the expiration of the period referred to in paragraph (b).

(d) The relevant notice may specify the weighting that shall apply in respect of—

(i) the criteria specified in Schedule 5, and

(ii) subject to paragraph (e), the extra criteria (if any) specified in the notice,

against which the MAC applications will be assessed.

(e) The extra criteria specified in a relevant notice pursuant to paragraph (d) shall not be inconsistent with the criteria specified in Schedule 5.

(3) Subject to subsection (4), the MARA may use a competitive process (which may be, or include, a competitive process referred to in section 93) to determine which (if any) of the MAC applications invited by the relevant notice shall be granted a MAC.

(4) A competitive process referred to in subsection (3) shall be conducted in a manner which is open, transparent, competitive, non-discriminatory and cost effective.

Chapter 11

104. Keeping of records and samples, etc., by holder of MAC

104.(1) (a) There may be prescribed a requirement, or the provisions of a MAC may contain a requirement, or both, that the holder of a MAC in respect of the part of the maritime area the subject of the MAC (in this section referred to as the “relevant part”), keep records or samples, or both, relating to the relevant part for any scientific purpose.

(b) For the purpose of prescribing a requirement referred to in paragraph (a), the Minister shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that scientific information concerning the maritime area ought to be preserved not just for the benefit of the undertaking of the particular maritime usage concerned for the purposes of which such information was acquired but also for the benefit of other and future undertakings of maritime usages.

(2) (a) The MARA may, by notice in writing given to the holder of a MAC, direct the holder to provide the MARA with copies of any specified data—

(i) within the period specified in the notice (being a period reasonable in all the circumstances of the case), or

(ii) if no such period is specified in the notice, within four weeks from the date on which the holder receives the notice.

(b) The holder of a MAC the subject of a direction under paragraph (a) shall comply with the direction.

(c) The costs entailed in complying with a direction under paragraph (a) shall be borne by the holder of the MAC the subject of the direction.

(3) (a) Where the MARA is given specified data by the holder of a MAC pursuant to the holder’s compliance with a direction under subsection (2)(a), it shall not disclose the data, or cause the data to be disclosed, to a third party except—

(i) pursuant to subsection (4), or

(ii) subject to paragraph (b), with the consent in writing of the holder to do so.

(b) The holder of a MAC shall not unreasonably withhold the giving of the consent referred to in paragraph (a)(ii).

(4) Specified data may be disclosed where the disclosure—

(a) is in compliance with this Part or is otherwise permitted by law or any other enactment,

(b) is to a public body and for a purpose relevant to a function of that body, or

(c) in the opinion of the person making, or seeking to make, the disclosure, may disclose, to a member of the Garda Síochána or an officer of the Revenue Commissioners, the commission of an indictable offence.

(5) (a) A person who is given specified data pursuant to a disclosure under subsection (4) shall not disclose the data, or cause the data to be disclosed, to another person except—

(i) to the person who made the first-mentioned disclosure,

(ii) to the holder of the MAC to whom the data relate,

(iii) pursuant to subsection (4), or

(iv) subject to paragraph (b), with the consent in writing of that holder to do so.

(b) The holder of a MAC shall not unreasonably withhold the giving of a consent referred to in paragraph (a)(iv).

(6) (a) Subject to paragraph (b), the MARA may use specified data for the purpose of preparing and publishing such returns or reports, or both, as may be required of the MARA by law.

(b) The MARA shall ensure that the publication under paragraph (a) of specified data is done in such a manner that commercially sensitive information is not disclosed.

(c) The MARA may, by notice in writing given to the holder of a MAC, direct the holder to publish specified data in such media, and within such period, as are specified in the notice.

(d) The holder of a MAC given a notice under paragraph (c) shall comply with the notice.

(7) Subject to subsection (8), the Minister may, after consultation with the Data Protection Commission, by regulations specify the personal data that are permitted to be included in specified data.

(8) Where the Minister makes regulations under subsection (7), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that personal data only need to be included in specified data to the extent reasonably necessary to enable the MARA or the Minister, as appropriate, to perform their respective functions under this Act in relation to MACs.

(9) In this section—

“commercially sensitive information” means—

(a) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or

(b) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

“permitted personal data” means personal data permitted, by virtue of regulations made under subsection (7), to be included in specified data;

“specified data”, in relation to the holder of a MAC, means any books, records or other documents, returns, plans, maps, geological, hydrological and ecological samples, accounts, and information (including any copies thereof or parts thereof) which are required by this Part, regulations made under this Part, or the provisions of the MAC, to be kept but does not include any personal data other than permitted personal data.

Chapter 12

105. Transitional provisions for certain foreshore authorisations

105. (1) This section applies to a foreshore authorisation where the maritime usage the subject of the authorisation would, if it were not the subject of the authorisation, have to be, inter alia, the subject of a MAC before it could be lawfully undertaken.

(2) (a) Paragraphs (b) and (c) apply where the holder of a foreshore authorisation—

(i) is lawfully occupying a part of the foreshore pursuant to the authorisation, and

(ii) wishes to—

(I) amend the authorisation, or

(II) continue to occupy that part after the expiration of the authorisation without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation.

(b) The holder may, at any time before the expiration of the foreshore authorisation, make a MAC application to surrender the authorisation to the MARA for a MAC and, in any such case, section 79 and the other provisions of this Part (including section 84) shall, with all necessary modifications, apply to the authorisation, the MAC application, and the application’s determination under section 81, accordingly.

(i) upon the holder being granted a MAC pursuant to the MAC application referred to in paragraph (b), or

(ii) in accordance with the provisions of the authorisation and the Act of 1933,

whichever first occurs.

(3) (a) Paragraphs (b) and (c) apply where—

(i) the holder of a foreshore authorisation—

(I) is lawfully occupying a part of the foreshore area pursuant to the authorisation, and

(II) wishes to discontinue to occupy that part in favour of another person occupying that part,

and

(ii) the other person wishes to occupy that part without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation.

(b) The holder of the foreshore authorisation and the other person may, at any time before the expiration of the authorisation, make a joint MAC application to surrender the authorisation to the MARA for a MAC for the maritime usage the subject of the authorisation and, in any such case, section 79 and the other provisions of this Part (including section 84) shall, with all necessary modifications, apply to the authorisation, the joint MAC application, and the application’s determination under section 81, accordingly.

(i) upon the other person being granted a MAC pursuant to the joint MAC application referred to in paragraph (b), or

(ii) in accordance with the provisions of the authorisation and the Act of 1933,

whichever first occurs.

106. Transitional provisions for certain unauthorised maritime usages

106. (1) The relevant person may, before the fifth anniversary of the coming into operation of this section (or, where subsection (4) applies, the first anniversary referred to in that subsection), make a MAC application for the unauthorised usage concerned and, in any such case, the provisions of this Act shall, with all necessary modifications, apply to take account of the fact that such usage is an existing maritime usage and not a proposed maritime usage.

(2) Subsection (3) applies to the relevant person (including any predecessors to such person) and the unauthorised usage concerned immediately on and after—

(a) the fifth anniversary of the coming into operation of this section (or, where subsection (4) applies, the first anniversary referred to in that subsection) without a MAC application referred to in subsection (1) having been made for such usage,

(b) the date on which the MARA is satisfied that, although a MAC application referred to in subsection (1) has been made for such usage, the application has been abandoned or withdrawn before its determination under section 81, or

(c) where a MAC application referred to in subsection (1) has been made for such usage, the date on which the applicant is notified of the refusal under section 81, in the determination of the application, to grant a MAC for such usage.

(3) (a) Where this subsection applies, the MARA may use, on behalf of the State, any and all remedies available to the State (whether under this Act or another enactment or under the common law) against or in relation to the relevant person (including any predecessors to such person) and the unauthorised usage concerned including, and without limiting the generality of the foregoing, remedies to provide for all or any of the following:

(i) cause the unauthorised usage to cease;

(ii) obtain compensation or damages for the unauthorised usage;

(iii) provide for the rehabilitation of the part of the maritime area the subject of the unauthorised usage.

(b) The MARA may exercise its power under paragraph (a) jointly with one or more than one other public body that has statutory functions in relation to maritime usages of the type that is the unauthorised usage concerned.

(4) The MARA may, where it is of the opinion that a particular unauthorised usage is an impediment to the effective and efficient performance of its functions, by notice in writing given to the relevant person, and for the reasons stated in the notice, specify that, in the case of that usage, the words “the first anniversary of the giving of the notice concerned under subsection (4) ” are substituted for the words “the fifth anniversary of the coming into operation of this subsection” in subsections (1) and (2)(a).

(5) For the avoidance of doubt, it is hereby declared that nothing in this section shall be construed to limit the State or a public body other than the MARA from making use, independently of the MARA, of a remedy referred to in subsection (3) against or in relation to the relevant person (including any predecessors thereto) and the unauthorised usage concerned.

(6) In this section—

“relevant person”, in relation to an unauthorised usage, means the person undertaking such usage immediately before 12 August 2021, and regardless of whether or not such person is the same person who first undertook such usage;

“unauthorised usage” means a maritime usage—

(a) undertaken by a person before 12 August 2021,

(b) which, in order to be lawfully undertaken before that date, was required to be, but was not, the subject of a foreshore authorisation, and regardless as to whether or not any other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) were required, or were in fact granted, under any other enactment in order to enable the person referred to in paragraph (a) to undertake such usage, and

(c) which, if it were undertaken on or after the coming into operation of Chapter 2, would be required by that Chapter to be the subject of a MAC.

Chapter 13

107. Judicial review of matters relating to MAC applications or MACs

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

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

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

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

(5) Subject to subsection (6), an application for leave to apply for judicial review under Order 84 in respect of a decision or other act to which subsection (2) applies shall be made within the period of eight weeks beginning on the date of the publication of the decision under section 84 or 89, as appropriate, or, as the case may be, the date of the doing of the act by the MARA, as appropriate.

(6) The High Court may extend the period provided for in subsection (5) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that—

(a) there is good and sufficient reason for doing so, and

(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.

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

108. Provisions supplementary to section 107

108. (1) In this section—

“Court”, where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Court of Appeal of jurisdiction on any appeal that may be made);

“ section 107 leave” means leave to apply for judicial review under Order 84 in respect of a decision or other act to which section 107(2) applies.

(2) (a) An application for section 107 leave shall be made by motion ex parte and shall be grounded in the manner specified in Order 84 in respect of an ex parte motion for leave.

(b) The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person.

(c) If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in Order 84 in respect of an ex parte motion for leave)—

(i) to the MARA, and

(ii) to any other person specified for that purpose by order of the High Court.

(d) The Court may—

(i) on the consent of all of the parties, or

(ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances,

treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.

(3) The Court shall not grant section 107 leave unless it is satisfied that—

(a) there are substantial grounds for contending that the decision or act concerned is invalid or ought to be quashed, and

(b) the applicant has a sufficient interest in the matter which is the subject of the application.

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

(5) If the Court grants section 107 leave, no grounds shall be relied upon in the application for judicial review under Order 84 other than those determined by the Court to be substantial under subsection (3)(a).

(6) The Court may, as a condition for granting section 107 leave, require the applicant for such leave to give an undertaking as to damages.

(7) The determination of the Court of an application for section 107 leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Court of Appeal in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

(8) Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(9) If an application is made for judicial review under Order 84 in respect of part only of a decision or other act to which section 107(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.

(10) The Court shall, in determining an application for section 107 leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice.

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

(a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and

(b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.

(12) Rules of court may make provision for the expeditious hearing of applications for section 107 leave and applications for judicial review on foot of such leave.

109. Judicial review does not prevent applications for development permission

109. (1) Subsection (2) applies in the case of the holder of a MAC for a proposed maritime usage in a part of the maritime area where such usage requires development permission.

(2) Neither—

(a) an application to the High Court for the grant of leave for judicial review under Order 84 of the decision of the MARA to grant the MAC, nor

(b) an application to the High Court for judicial review of such decision on foot of such leave granted,

shall be construed to prevent an application for such development permission being made or determined, or otherwise being dealt with, under the Act of 2000.

PART 5 Licences authorising certain maritime usages in Maritime Area

Chapter 1

110. Interpretation - Part 5

110. (1) In this Part and Schedules 7 and 8 —

“exempted usage” shall be construed in accordance with section 114;

“Schedule 7 usage” means a maritime usage specified in Schedule 7.

(2) In sections 124, 126 and 127, “licence” includes part of a licence.

111. Application

111. (1) A licence shall not be granted for a Schedule 7 usage that requires an environmental impact statement.

(2) Neither a prohibitory order made under section 6 of the Act of 1933 nor a prohibitory notice made under section 7 of that Act (whether made before or after the coming into operation of this section) shall operate to prevent a licence being granted for a Schedule 7 usage which falls within paragraph 12 of Schedule 7 and is to be undertaken in a part of the maritime area the subject of such order or notice.

112. Competent authority

112. The MARA shall, for the purposes of this Part, be the competent authority for the purposes of Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) and appropriate assessments to which that Part applies.

Chapter 2

113. Prohibition against undertaking certain maritime usages in maritime area without licence

113. (1) A person shall not undertake a Schedule 7 usage (other than an exempted usage) in any part of the maritime area unless he or she is, in respect of that part, the holder of a licence for such usage.

(2) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 14 of Schedule 7, a maritime usage (not being a maritime usage which requires development permission) where the Minister is satisfied that such usage—

(a) would, if undertaken, have one or more than one of the following apply:

(i) be for, or occur over, a limited and ascertainable period;

(ii) be a usage that is required to be undertaken for the purposes of a condition attached to a MAC by virtue of section 82;

(iii) be investigative in nature or for the purposes of discovery;

(iv) be limited in scale;

(v) have a limited impact on the maritime area;

(vi) not require authorisation by or under any other enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation),

and

(b) could effectively be regulated by the application of the provisions of this Part to the usage.

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

114. Exempted usage

114. (1) (a) Subject to subsections (2) and (4), the Minister may by regulations provide for any class of Schedule 7 usage to be exempted usage for the purposes of this Part where he or she is of the opinion that—

(i) by reason of the size, nature or limited effect on the maritime area, of usages belonging to that class, the undertaking of such usages without a licence would not offend against the objectives listed in Article 5 of the MSP Directive, or

(ii) usages belonging to that class are authorised, or are required to be authorised, by or under any other enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation).

(b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations.

(i) the Habitats Directive, and

(ii) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001^12 on the assessment of the effects of certain plans and programmes on the environment.

(2) Notwithstanding any regulations made under subsection (1) but subject to subsection (3), any particular Schedule 7 usage shall not be exempted usage if an appropriate assessment or environmental impact assessment of the usage is required.

(3) Subsection (2) shall not apply to a Schedule 7 usage referred to in subsection (1)(a)(ii) where the enactment concerned referred to in subsection (1)(a)(ii) provides for appropriate assessment or environmental impact assessment, as appropriate, of the usage.

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

115. Application for declaration as to whether or not licence is required, etc.

115. (1) A person may make an application in the specified form, accompanied by the specified fee, to the MARA for a declaration in writing by the MARA as to whether or not the maritime usage the subject of the application is a Schedule 7 usage and, if so, whether or not the undertaking of the Schedule 7 usage requires a licence.

(2) Where an application under subsection (1) is made to the MARA, it may, by notice in writing given to the applicant, require the applicant to provide, whether in the specified form, by affidavit or otherwise, such additional information in relation to any matters to which the application relates as the MARA reasonably considers necessary to make the declaration sought by the application.

(3) The MARA shall, to the extent that it is practicable to do so, make the declaration sought by an application under subsection (1), and give a copy of the declaration to the applicant, not later than 30 days after the day on which the MARA is satisfied that the applicant has complied with all of the requirements of or under this section.

116. Fees for licences

116. (1) Subject to subsections (2) and (6), the Minister may by regulations specify the fees to be paid to the MARA for relevant applications and, for that purpose—

(a) different amounts may be specified for such applications which fall within different classes of such applications specified in the regulations, and

(b) the regulations may specify the circumstances in which—

(i) an exemption from the payment of such a fee applies, or

(ii) a waiver, remission or refund (whether in whole or in part) of such fee applies.

(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) Subject to subsections (4) to (6), the Minister may by regulations specify the fee or fees to be paid to the MARA by holders of licences and, for that purpose—

(a) different amounts may be prescribed for such holders which fall within different classes of such holders specified in the regulations, and

(b) the regulations may specify the circumstances in which—

(i) an exemption from the payment of such a fee applies, or

(ii) a waiver, remission or refund (whether in whole or in part) of such a fee applies.

(4) The Minister shall, when specifying, in regulations made under subsection (3), the fee or fees to be paid to the MARA by the holders of licences, have regard to the need to defray the costs incurred by the MARA in the performance of its functions in relation to the holder concerned.

(5) A fee specified in regulations made under subsection (3) may be a one-off fee or an annual fee and, if the former, shall be paid to the MARA upon the grant of the licence concerned and, if the latter, shall be paid to the MARA not later than each anniversary of the date specified for the purpose in the licence concerned.

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

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

(a) applications under section 115,

(b) licence applications, or

117. Application for grant of licence

117. (1) Subject to regulations made under section 118, a person may make an application in the specified form, accompanied by the specified fee, to the MARA for the grant of a licence for the Schedule 7 usage the subject of the application.

(2) Without prejudice to the generality of section 72 or subsection (3), a licence application may require any information to be provided in relation to any of the matters to which this Part relates.

(3) Subject to subsection (9), where a licence application is made to the MARA, the MARA may, by notice in writing given to the applicant, require the applicant to provide in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to assist it to determine the application under section 119.

(4) (a) The MARA shall, as soon as is practicable after it receives a licence application and if it considers it necessary to do so in its capacity as the competent authority referred to in section 112, carry out screening for appropriate assessment in respect of the proposed maritime usage the subject of the application.

(b) Paragraph (a) applies notwithstanding that the applicant may have submitted a Natura impact statement to the MARA, whether with the licence application or subsequently.

(5) (a) The MARA shall, as soon as is practicable after it receives a licence application, carry out screening for environmental impact assessment in respect of the proposed maritime usage the subject of the application if it considers that it is necessary to do so after having regard to Schedules 5 and 7 to the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

(b) Where the decision on the screening referred to in paragraph (a) is that an environmental impact assessment is required, the MARA shall, as soon as is practicable—

(i) return the licence application concerned to the applicant together with a copy of section 111, and

(ii) publish its decision on its website together with its reasons for such decision and a notice stating—

(I) that a person may question the validity of the decision by way of an application for judicial review under Order 84 in accordance with Chapter 8, and

(II) where practical information on the review mechanism can be obtained.

(6) Where the decision referred to in subsection (4)(a) is that an appropriate assessment is required, the MARA shall—

(a) subject to paragraph (b) and subsection (8), by notice in writing given to the applicant, require the applicant to prepare, within the period specified in the notice (being a period reasonable in all the circumstances of the case), a Natura impact statement and submit it to the MARA,

(b) subject to subsection (9), as soon as is practicable after the MARA has the Natura impact statement prepared by the applicant pursuant to paragraph (a) or, as the case may be, the MARA is satisfied with the adequacy of a Natura impact statement submitted by the applicant together with the licence application concerned, by notice in writing given to the applicant, require the applicant to give notice (in this section referred to as the “relevant notice”) in the specified form to the public stating that—

(i) the licence application concerned has been made to the MARA, a related Natura impact statement has been submitted to the MARA and that the application and statement are available for inspection during the period concerned referred to in subparagraph (ii) —

(I) on the website of the MARA, and

(II) at the offices of the MARA specified in the relevant notice,

and

(ii) members of the public may make submissions in writing on the licence application and the Natura impact statement to the MARA for a period of not less than 30 days from the date of publication of the relevant notice at a location (which may be an electronic address) specified in, or in a form set out in and sent to an address specified in, the relevant notice.

(7) (a) The MARA shall, as soon as is practicable after the expiration of the 30 days referred to in subsection (6)(b)(ii), carry out the appropriate assessment concerned and have regard to the submissions (if any) referred to in that subsection.

(b) The MARA shall comply with the determination of the appropriate assessment when determining the licence application concerned under section 120.

(8) Where the applicant fails to comply with subsection (6)(a) within the period specified in that subsection (or any extension to that period permitted by the MARA for good and sufficient reason), the licence application concerned shall be deemed to have been withdrawn.

(9) Where subsection (6) applies to the applicant, the MARA shall not—

(a) give the notice first-mentioned in subsection (6)(b) to the applicant until the applicant has complied with each notice (if any) given to the applicant under subsection (3), and

(b) exercise its power under subsection (3) in respect of the applicant at any time after the commencement of the period concerned referred to in subsection (6)(b)(ii).

(10) In this section, “Natura impact statement” has the same meaning as it has in Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011).

118. Provisions supplementary to section 117

118. (1) Without prejudice to the generality of sections 72 and 117(2), (3) and (6) and subject to subsections (2) and (3), the Minister may by regulations specify the nature and extent of the consultation that the applicants which fall within different classes of licence applications specified in the regulations need to carry out before making such applications.

(2) In making regulations under subsection (1), the Minister shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that the nature and extent of the consultation referred to in subsection (1) needs to be proportionate to the nature and extent of the Schedule 7 usage the subject of the licence application concerned.

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

119. Grant or refusal of licence

119. (1) Subject to section 117(2), (3) and (7) and subsections (2) and (4) to (7), the MARA shall determine a licence application by—

(a) granting a licence to the applicant for the occupation of a specific part of the maritime area for the purposes of the proposed Schedule 7 usage the subject of the application and subject to such conditions (if any) attached to the licence by virtue of section 120(1) as the MARA thinks fit, or

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

(2) The MARA shall, to the extent that is practicable to do so, determine a licence application not later than 30 days after the day on which the MARA is satisfied that the applicant has complied with all the requirements of or under this Part in so far as they relate to the application.

(3) Where the MARA—

(a) grants a licence for part only of the Schedule 7 usage sought by the applicant (including any case where the part of the maritime area concerned is reduced in size),

(b) grants a licence to which conditions are attached by virtue of section 120(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 licence shall include the following at a minimum:

(a) particulars of the name and address of the holder of the licence;

(b) particulars of the Schedule 7 usage the subject of the licence and the part of the maritime area where the usage will be undertaken;

(c) particulars of the period (if any) to which the licence relates (including any time limits or other restrictions to apply during that period);

(d) the conditions (if any) attached to the licence by virtue of section 120(1).

(5) The MARA shall, in determining a licence application, take into account any submissions referred to in section 117(6)(b)(ii).

(6) (a) Paragraph (b) applies where the MARA is minded to determine a licence application by—

(i) granting a licence to the applicant but—

(I) for part only of the licence sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), or

(II) with conditions attached to the licence by virtue of section 120(1),

(ii) refusing to grant a licence.

(b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the applicant stating that—

(i) the MARA is minded to determine the application as specified in paragraph (a) and setting out the MARA’s reasons why it is so minded, and

(ii) the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a determination under subsection (1) following the expiration of that period.

(7) For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same licence application.

120. Conditions attached to licence

120. (1) The MARA may attach to a licence one or more than one condition which falls within one or more than one of the types of conditions specified in Schedule 8.

(2) Subject to subsections (3) and (8), the Minister may by regulations specify, for the purposes of paragraph 18 of Schedule 8, additional types of conditions which may be attached to a licence.

(3) Where the Minister makes regulations under subsection (2), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following principles and policies in relation to the additional types of conditions:

(a) whether the condition assists in the furtherance of the objectives of the National Marine Planning Framework;

(b) whether the condition assists in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both;

(i) fulfils his or her obligations under this Act in relation to the licence, or

(ii) manages the undertaking of the maritime usage the subject of the licence in an effective and efficient manner.

(4) (a) Subject to subsection (5), it shall be deemed to be a condition of each licence that the MARA may, where it is of the opinion that the revocation, suspension or amendment of the licence is required in order to enable a MAC granted after the grant of the licence to have full force and effect, provide for such revocation, suspension or amendment, as the case may be, in the MAC and subject to such conditions (if any) as are specified in the MAC.

(b) The MARA shall, at the same time as it grants a MAC to which paragraph (a) applies, give the holder of the licence concerned a copy of the MAC together with a statement in writing specifying the MARA’s reasons for the potential revocation, suspension or amendment, as the case may be, of the licence.

(5) (a) Paragraph (b) applies where the MARA is minded to exercise its discretion referred to in subsection (4)(a) to revoke, suspend or amend a licence.

(b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the holder of the licence concerned stating—

(i) how the MARA is minded to exercise its discretion referred to in subsection (4)(a) and setting out the MARA’s reasons why it is so minded, and

(ii) that the holder may, if the holder wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before the MARA, following the expiration of that period, makes a decision whether or not to exercise the discretion referred to in subsection (4)(a) and, if so, how to exercise such discretion.

(6) Where the MARA decides to exercise its discretion referred to in subsection (4)(a) to revoke, suspend or amend a licence, the MARA shall give notice in writing of the decision to the holder of the licence and such decision shall not take effect until at least 30 days after the holder receives that notice.

(7) It shall be deemed to be a condition of each licence that the part of the maritime area the subject of the licence is not for the exclusive use of the Schedule 7 usage the subject of the licence except where the licence expressly states that such part is for the exclusive use of such usage.

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

121. Provisions supplementary to grant of licence

121. (1) Unless otherwise specified in regulations made under this section, nothing in this Part shall of itself be construed as preventing the MARA from granting a licence to an applicant—

(a) who is the holder of a licence for the same Schedule 7 usage provided that the first-mentioned licence is for a period which will not overlap with the period of the second-mentioned licence, or

(b) who was the holder of a licence for the same Schedule 7 usage where the licence has expired or is no longer in force.

(2) The MARA shall, before granting a licence, have regard to—

(a) the National Marine Planning Framework,

(b) the State’s obligations under the following Directives in so far as those obligations are relevant to the undertaking of the Schedule 7 usage concerned:

(i) Habitats Directive;

(ii) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000^13 establishing a framework for Community action in the field of water policy (Water Framework Directive);

(iii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008^14 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017;

(iv) Birds Directive;

(v) Environmental Impact Assessment Directive,

(c) the provisions of any enactment giving effect to a Directive referred to in paragraph (b) in so far as those provisions give effect to the obligations referred to in that paragraph that are relevant to the Schedule 7 usage concerned, and

(d) any other maritime usage lawfully undertaken pursuant to this Act or another enactment in the same part of the maritime area to which the first-mentioned licence relates.

122. Notification of grant or refusal of licence, etc.

122. (1) The MARA shall, as soon as is practicable after it grants a licence, publish a notice on its website stating, at a minimum—

(a) the name of the holder of the licence,

(b) the address (which may be an electronic address) of the holder,

(d) if applicable, the occurrence of the event upon which the licence will expire,

(e) the nature of the maritime usage the subject of the licence,

(f) a spatial representation of the specified part of the maritime area the subject of the licence,

(g) the date that the MARA granted the licence, and

(h) the conditions (if any) attached to the licence by virtue of section 120(1).

(2) Where section 119(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) Where—

(a) the MARA’s decision referred to in section 117(4)(a) was that an appropriate assessment was, or was not, required, or

(b) the MARA’s decision referred to in section 117(5)(a) was that an environmental impact assessment was not required,

the MARA shall, as soon as is practicable after the determination of the licence application concerned under section 119, publish that decision on its website together with its reasons for such decision.

(4) Where the MARA has, pursuant to section 117(7)(a), carried out an appropriate assessment, it shall, as soon as is practicable after the determination of the licence application concerned under section 119, publish a notice of the carrying out of the assessment, together with the appropriate assessment determination, on its website.

(5) The MARA shall, whenever it publishes a notice on its website under this section, also publish a notice on its website stating—

(a) that a person may question the validity of a decision of the MARA to which the first-mentioned notice relates by way of an application for judicial review under Order 84 in accordance with Chapter 8, and

(b) where practical information on the review mechanism can be found.

(6) The MARA shall, as soon as is practicable after it refuses to grant a licence, publish on its website a copy of the notice concerned referred to in section 119(3).

Chapter 3

123. Compensation for exercise of relevant power

123. (1) The holder of the relevant MAC shall (and, if a scheme or schemes of compensation have been made for the purposes of this section, in accordance with the scheme or schemes concerned)—

(a) either—

(i) make good any loss or damage caused to the holder of the relevant licence as a consequence of the exercise by the MARA of the relevant power, or

(ii) reimburse the holder the reasonable costs and expenses of such making good,

and

(b) as appropriate, pay to the holder of the relevant licence reasonable compensation for any loss, damage, disturbance or injury, caused to the holder as a consequence of the exercise by the MARA of the relevant power, together with interest payable on the amount of such compensation at such rate as the MARA, with the consent of the Minister for Public Expenditure and Reform, may determine from time to time for the purposes of this section, from the date on which the claim is made to the date of payment thereof.

(2) The MARA may make a scheme or schemes of compensation providing for the payment of compensation referred to in subsection (1) including but not limited to provision for the following:

(a) the matters or classes of matters in respect of which the scheme shall apply;

(b) the form and manner in which a claim for compensation may be made;

(c) the provision by the holder of the relevant licence of evidence and other information in support of the holder’s claim and the verification of such evidence and information.

(3) The MARA may amend or revoke and replace by a subsequent scheme or schemes a scheme or schemes of compensation made under subsection (2).

(4) The MARA shall—

(a) publish on its website and in such other manner as the MARA considers appropriate, and

(b) make available on request copies of,

the scheme or schemes of compensation made under subsection (2) or any amendment to such a scheme or schemes of compensation made under subsection (3).

(5) (a) Any dispute or claim arising out of or in connection with a claim for compensation under this section shall be referred, by notice in writing from either party, to the decision of a single arbitrator as may be nominated by agreement between the parties to the arbitration, or failing such agreement, not later than 21 days after a notice in writing given by one of the parties to the arbitration, by the President for the time being of the Law Society of Ireland.

(b) Every reference to arbitration made pursuant to paragraph (a) shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 2010.

(6) The provisions of the Arbitration Act 2010 applicable to arbitrations referred to in section 29 of that Act shall apply to an arbitration referred to in subsection (5).

(7) In this section—

“relevant licence” means a licence which has been, or will be, revoked, suspended or amended as a consequence of the exercise by the MARA of the relevant power;

“relevant MAC”, in relation to the relevant licence, means the MAC in favour of which the MARA has exercised the relevant power in respect of that licence;

“relevant power” means the MARA’s power, by virtue of the condition deemed to be attached to a licence by virtue of section 120(4)(a), to revoke, suspend or amend the licence.

Chapter 4

124. Assignment of licence

124. (1) This section applies where the holder of a licence (in this section referred to as the “proposed assignor”) wishes to assign the licence to another person (in this section referred to as the “proposed assignee”).

(2) The proposed assignor and the proposed assignee shall make a joint licence application to the MARA for the MARA’s consent in writing to the assignment and, in the case of such application, section 117 and the other provisions of this Part (including section 122) applicable to a licence application and its determination under section 119 shall, with all necessary modifications, apply accordingly.

(3) The assignment of a licence purporting to be effected without the consent referred to in subsection (2) shall be void.

(4) References in this Act to the grant of a licence shall include references to the assignment of a licence in any case where the licence has been assigned or reassigned in accordance with this section.

125. Material amendment to licence

125. (1) The holder of a licence who wishes to amend the licence in any material way shall make a licence application for such amendment and, in the case of such application, section 117 and the other provisions of this Part (including section 122) applicable to a licence application and its determination under section 119 shall, with all necessary modifications, apply accordingly.

(2) Subject to subsections (3) and (4), the Minister may by regulations specify classes of amendments to a licence that are, for the purposes of this section, non-material.

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

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

(b) that the amendments which fall within the class should not cause any significant erosion of the provisions of the licence relating to any avoidance or mitigation 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 licence who wishes to make a non-material amendment to the licence shall give notice in the specified form to the MARA of the amendment not less than 10 days before making the amendment.

(b) Nothing in paragraph (a) shall be construed to prejudice the generality of the MARA’s powers under Part 6.

(6) In this section—

“material amendment”, in relation to a licence, means any amendment to the licence other than a non-material amendment;

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

Chapter 5

126. Surrender of licence

126. (1) The holder of a licence may make an application in the specified form, accompanied by the specified fee, to the MARA for the surrender of the licence.

(2) Where an application under subsection (1) is made to the MARA, the MARA may, by notice in writing given to the applicant, require the applicant to provide, in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to assist it to determine the application under section 127.

127. Determination of application under section 126

127. (1) The MARA shall determine an application under section 126(1) by—

(a) if the applicant has satisfied the MARA that all the obligations of the applicant arising from being the holder of the licence concerned (and whether or not such obligations arise under this Act or another enactment) have been discharged, consenting to the surrender of the licence by notice in writing given to the applicant specifying the date on which the surrender shall take effect,

(b) in any other case giving 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 that application and specifying the MARA’s reasons for the refusal, or

(c) in the interests of procedural fairness, giving a notice in writing to the applicant stating that the MARA is minded to refuse to grant the application for the reasons specified in the notice but that, if the applicant wishes to do so, he or she may, within the period specified in the notice for the purpose (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 licence, publish a notice on its website stating, at a minimum—

(a) the name of the holder or former holder of the licence,

(b) the date on which the surrender was, or will be, effected, and

(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—

(b) where practical information on the review mechanism can be found.

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

(6) For the avoidance of doubt, it is hereby declared that paragraph (c) of subsection (1) only applies once to the same application under section 126(1).

Chapter 6

128. Keeping of records and samples, etc., by holder of licence

128.(1) (a) There may be prescribed a requirement, or the provisions of a licence may contain a requirement, or both, that the holder of a licence, in respect of the part of the maritime area the subject of the licence (in this section referred to as the “relevant part”), keep records or samples, or both, relating to the relevant part for any scientific purpose.

(b) For the purposes of prescribing a requirement referred to in paragraph (a), the Minister shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that scientific information concerning the maritime area ought to be preserved not just for the benefit of the undertaking of the particular Schedule 7 usage concerned for the purposes of which such information was acquired but also for the benefit of other and future undertakings of maritime usages.

(2) (a) The MARA may, by notice in writing given to the holder of a licence, direct the holder to provide the MARA with copies of any specified data—

(i) within the period specified in the notice (being a period reasonable in all the circumstances of the case), or

(ii) if no such period is specified in the notice, within four weeks from the date on which the holder receives the notice.

(b) The holder of a licence the subject of a direction under paragraph (a) shall comply with the direction.

(c) The costs entailed in complying with a direction under paragraph (a) shall be borne by the holder of the licence the subject of the direction.

(3) (a) Where the MARA is given specified data by the holder of a licence pursuant to the holder’s compliance with a direction under subsection (2)(a), it shall not disclose the data, or cause the data to be disclosed, to a third party except—

(i) pursuant to subsection (4), or

(ii) subject to paragraph (b), with the consent in writing of the holder to do so.

(b) The holder of a licence shall not unreasonably withhold the giving of the consent referred to in paragraph (a)(ii).

(4) Specified data may be disclosed where the disclosure—

(a) is in compliance with this Part or is otherwise permitted by law or any other enactment,

(b) is to a public body and for a purpose relevant to a function of that body, or

(5) (a) A person who is given specified data pursuant to a disclosure under subsection (4) shall not disclose the data, or cause the data to be disclosed, to another person except—

(i) to the person who made the first-mentioned disclosure,

(ii) to the holder of the licence to whom the data relate,

(iii) pursuant to subsection (4), or

(iv) subject to paragraph (b), with the consent in writing of that holder to do so.

(b) The holder of a licence shall not unreasonably withhold the giving of a consent referred to in paragraph (a)(iv).

(6) (a) Subject to paragraph (b), the MARA may use specified data for the purpose of preparing and publishing such returns or reports, or both, as may be required of the MARA by law.

(b) The MARA shall ensure that the publication under paragraph (a) of specified data is done in such a manner that commercially sensitive information is not disclosed.

(c) The MARA may, by notice in writing given to the holder of a licence, direct the holder to publish specified data in such media, and within such period, as are specified in the notice.

(d) The holder of a licence given a notice under paragraph (c) shall comply with the notice.

(9) In this section—

“commercially sensitive information” means—

(b) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

“permitted personal data” means personal data permitted, by virtue of regulations made under subsection (7), to be included in specified data;

“specified data”, in relation to the holder of a licence, means any books, records or other documents, returns, plans, maps, geological, hydrological and ecological samples, accounts, and information (including any copies thereof or parts thereof) which are required by this Part, regulations made under this Part, or the provisions of the licence, to be kept but does not include any personal data other than permitted personal data.

Chapter 7

129. Transitional provisions for certain foreshore authorisations

129. (1) This section applies to a foreshore authorisation where the maritime usage the subject of the authorisation would, if it were not the subject of the authorisation, have to be, inter alia, the subject of a licence before it could be lawfully undertaken.

(2) (a) Paragraphs (b) and (c) apply where the holder of a foreshore authorisation—

(i) is lawfully occupying a part of the foreshore pursuant to the authorisation, and

(ii) wishes to—

(I) amend the authorisation, or

(II) continue to occupy that part after the expiration of the authorisation without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation.

(b) The holder may, at any time before the expiration of the foreshore authorisation, make a licence application to surrender the authorisation to the MARA for a licence and, in any such case, section 117 and the other provisions of this Part (including section 122) shall, with all necessary modifications, apply to the authorisation, the licence application, and the application’s determination under section 119, accordingly.

(i) upon the holder being granted a licence pursuant to the licence application referred to in paragraph (b), or

(ii) in accordance with the provisions of the authorisation and the Act of 1933,

whichever first occurs.

(3) (a) Paragraphs (b) and (c) apply where—

(i) the holder of a foreshore authorisation—

(I) is lawfully occupying a part of the foreshore pursuant to the authorisation, and

(II) wishes to discontinue to occupy that part in favour of another person occupying that part,

and

(ii) the other person wishes to occupy that part without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation.

(b) The holder of the foreshore authorisation and the other person may, at any time before the expiration of the authorisation, make a joint licence application to surrender the authorisation for a licence for the maritime usage the subject of the authorisation and, in any such case, section 117 and the other provisions of this Part (including section 122) shall, with all necessary modifications, apply to the authorisation, the joint licence application, and the application’s determination under section 119, accordingly.

(i) upon the other person being granted a licence pursuant to the joint licence application referred to in paragraph (b), or

(ii) in accordance with the provisions of the authorisation and the Act of 1933,

whichever first occurs.

130. Transitional provisions for certain unauthorised maritime usages

130. (1) The relevant person may, before the fifth anniversary of the coming into operation of this section (or, where subsection (4) applies, the first anniversary referred to in that subsection), make a licence application for the unauthorised usage concerned and, in any such case, the provisions of this Act shall, with all necessary modifications, apply to take account of the fact that such usage is an existing maritime usage and not a proposed maritime usage.

(2) Subsection (3) applies to the relevant person (including any predecessors to such person) and the unauthorised usage concerned immediately on and after—

(a) the fifth anniversary of the coming into operation of this section (or, where subsection (4) applies, the first anniversary referred to in that subsection) without a licence application referred to in subsection (1) having been made in respect of such usage,

(b) the date on which the MARA is satisfied that, although a licence application referred to in subsection (1) has been made for such usage, the application has been abandoned or withdrawn before its determination under section 119, or

(c) where a licence application referred to in subsection (1) has been made for such usage, the date on which the applicant is notified of the refusal under section 119, in the determination of the application, to grant a licence for such usage.

(i) cause the unauthorised usage to cease;

(ii) obtain compensation or damages for the unauthorised usage;

(iii) provide for the rehabilitation of the part of the maritime area the subject of the unauthorised usage.

(4) The MARA may, where it is of the opinion that a particular unauthorised usage is an impediment to the effective and efficient performance of its functions, by notice in writing given to the relevant person and for the reasons stated in the notice, specify that, in the case of that usage, the words “the first anniversary of the giving of the notice concerned under subsection (4) ” are substituted for the words “the fifth anniversary of the coming into operation of this subsection” in subsections (1) and (2)(a).

(6) In this section—

“unauthorised usage” means a maritime usage—

(a) undertaken by a person before 12 August 2021,

(c) which, if it were undertaken on or after the coming into operation of Chapter 2, would be required by that Chapter to be the subject of a licence.

Chapter 8

131. Judicial review of matters relating to licence applications or licences

131. (1) Where a point of law arises on any matter with which the MARA is concerned under this Part, the MARA may refer the F48[point] to the High Court for decision.

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

(5) Subject to subsection (6), an application for leave to apply for judicial review under Order 84 in respect of a decision or other act to which subsection (2) applies shall be made within the period of eight weeks beginning on the date of the publication of the decision under section 122 or 127, as appropriate, or, as the case may be, the date of the doing of the act by the MARA, as appropriate.

(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.

132. Provisions supplementary to section 131

132. (1) In this section—

“section 131 leave” means leave to apply for judicial review under Order 84 in respect of a decision or other act to which section 131(2) applies.

(2) (a) An application for section 131 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.

(i) to the MARA, and

(ii) to any other person specified for that purpose by order of the High Court.

(d) The Court may—

(i) on the consent of all of the parties, or

(ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances,

treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.

(3) The Court shall not grant section 131 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 under section 176 of the Act of 2000, for the time being in force, as being a 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 of subsection (3)(b)(i) is not limited to an interest in land or other financial interest.

(5) If the Court grants section 131 leave, no grounds shall be relied upon in the application for judicial review under Order 84 other than those determined by the Court to be substantial under subsection (3)(a).

(6) The Court may, as a condition for granting section 131 leave, require the applicant for such leave to give an undertaking as to damages.

(7) The determination of the Court of an application for section 131 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.

(8) Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(9) If an application is made for judicial review under Order 84 in respect of part only of a decision or other act to which section 131(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.

(10) The Court shall, in determining an application for section 131 leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice.

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

(a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and

(b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.

(12) Rules of court may make provision for the expeditious hearing of applications for section 131 leave and applications for judicial review on foot of such leave.

133. Costs in environmental matters

133. (1) This section applies to proceedings of the following kinds:

(a) proceedings in the High Court by way of judicial review, or of seeking leave to apply for judicial review, of—

(i) any decision or purported decision made or purportedly made,

(ii) any action taken or purportedly taken, or

(iii) any failure to take any action,

pursuant to a provision of an enactment that gives effect to a relevant provision;

(b) an appeal (including an appeal by way of case stated) to the Supreme Court from a decision of the High Court in a proceeding referred to in paragraph (a);

(c) proceedings in the High Court or the Supreme Court for interim or interlocutory relief in relation to a proceeding referred to in paragraph (a) or (b).

(2) Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and subject to subsections (3) to (5), in proceedings to which this section applies, each party to the proceedings (including any notice party) shall bear its own costs.

(3) The costs of proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant to the extent that the applicant succeeds in obtaining relief and any of those costs shall be borne by the respondent or notice party, or both of them, to the extent that the actions or omissions of the respondent or notice party, or both of them, contributed to the applicant obtaining relief.

(4) The Court may award costs against a party in proceedings to which this section applies if the Court considers it appropriate to do so—

(a) because the Court considers that a claim or counterclaim by the party is frivolous or vexatious,

(b) because of the manner in which the party has conducted the proceedings, or

(5) Subsection (2) does not affect the Court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.