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

(6) In this section a reference to “the Court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the High Court or the Supreme Court, as may be appropriate.

(7) In this section, “relevant provision” means a provision of—

(a) Council Directive 85/337/EEC of 27 June 1985^15 to which Article 10a (inserted by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003^16 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directive 85/337/EEC and Council Directive 96/61/EC^17) of that Council Directive applies,

(b) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001^18 on the assessment of the effects of certain plans and programmes on the environment, or

PART 6 Enforcement

Chapter 1

134. Interpretation

134. (1) In this Part—

“act” includes an omission;

“enforcement notice” means a notice under section 141(2);

“holder” means the holder or former holder, as appropriate, of a relevant authorisation;

“investigation” means an investigation under section 146;

“investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of an investigation, by the authorised officer appointed under section 146(1)(b) to carry out the investigation—

(a) stating that the authorised officer—

(i) is satisfied that a relevant ground applies to the holder the subject of the investigation, or

(ii) is not so satisfied,

as appropriate,

(b) if paragraph (a)(i) is applicable, stating the grounds on which the authorised officer is so satisfied, and

(i) the basis on which the authorised officer is not so satisfied, and

(ii) the authorised officer’s opinion, in view of such basis, on whether or not a further investigation of the holder the subject of the investigation is warranted and, if warranted, the authorised officer’s opinion on the principal matters to which the further investigation should relate;

“MAC” includes a MAC which has been F50[revoked underChapter 3A,] terminated under Chapter 4 or revoked under Chapter 5;

“licence” includes a licence which has been F50[revoked underChapter 3A,] terminated under Chapter 4 or revoked under Chapter 5;

“major sanction”, in relation to a holder, means—

(a) the revocation of the relevant authorisation concerned and a prohibition (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) against the holder making a relevant application for a new relevant authorisation or a particular class of relevant authorisation,

(b) the suspension for a specified period of the relevant authorisation concerned and a prohibition for a specified period against the holder making a relevant application for a new relevant authorisation or a particular class of relevant authorisation,

(c) a direction to the holder that the holder pay a sum, as specified in the direction but not exceeding the prescribed amount (or, if no amount is prescribed, not exceeding €50,000), to the MARA, being the whole or part of the cost to the MARA of an investigation of the holder,

(d) a direction to the holder that the holder pay a sum, as specified in the direction but not exceeding the prescribed amount (or, if no amount is prescribed, not exceeding €5,000,000), to the MARA by way of a financial penalty for an act of the holder specified in the direction, or

(e) any combination of any of the sanctions specified in paragraphs (a), (c) and (d) or paragraphs (b), (c) and (d);

“minor sanction”, in relation to a holder, means—

(a) the issue, to the holder, of—

(i) advice,

(ii) a caution,

(iii) a warning, or

(iv) a reprimand,

(b) any combination of any of the sanctions specified in paragraph (a);

“premises” includes place and any fixed or moveable structure;

“relevant application” means, as appropriate—

(a) a MAC application,

(b) a licence application,

(d) an application under section 88 or 126;

“relevant authorisation” means a MAC or licence;

“relevant ground”, in relation to a holder, means that—

(a) the holder has contravened a relevant provision,

(b) the holder is contravening a relevant provision,

(c) the holder has contravened a relevant provision in circumstances that make it likely that the contravention will continue or be repeated,

(d) there has been a material change of circumstances F51[…],

(e) the holder (including in the holder’s former capacity as an applicant for the relevant authorisation concerned) has given information to the MARA under this Act that was false or misleading in a material particular, or

(f) the holder has failed to comply with an enforcement notice;

F52[“relevant provision”means a provision of—

(a) a relevant authorisation,

(b) a development permission granted in respect of the maritime usage the subject of a relevant authorisation, or

(2) Where a provision of this Part confers a discretion on the MARA or a court to revoke or suspend a relevant authorisation which is a MAC and the holder of the relevant authorisation holds two or more relevant authorisations which are MACs, that discretion may be exercised so as to revoke or suspend, as the case may be, some or all of those relevant authorisations as the MARA or the court, as the case may be, thinks fit in all the circumstances of the case, and the other provisions of this Part shall, with all necessary modifications, be construed accordingly.

135. Application

135. (1) The MARA may, as it thinks fit in all the circumstances of the case—

(a) initiate proceedings under Chapter 3 in respect of a matter without initiating proceeding under Chapter 5 in respect of that same matter,

(b) initiate proceedings under Chapter 5 in respect of a matter without initiating proceedings under Chapter 3 in respect of that same matter,

(c) initiate proceedings under both Chapters 3 and 5 in respect of the same matter, whether at the same or different times,

(d) abandon proceedings initiated under Chapter 3 in respect of a matter in favour of initiating, or continuing, proceedings under Chapter 5 in respect of that same matter, or

(e) abandon proceedings initiated under Chapter 5 in respect of a matter in favour of initiating, or continuing, proceedings under Chapter 3 in respect of that same matter.

(2) No proceedings shall be initiated under Chapter 3 in respect of a relevant ground which falls within paragraph (e) or (f) of the definition of “relevant ground”.

F53[(2A) Without prejudice to the generality ofsubsection (1), the MARA may, as it thinks fit in all the circumstances of the case—

(a) abandon proceedings initiated underChapter 3or5in respect of a matter in favour of initiating proceedings underChapter 3Ain respect of the same matter, or

(b) abandon proceedings initiated underChapter 3Ain respect of a matter in favour of initiating proceedings underChapter 3or5in respect of the same matter.]

F54[(3) A revocation underChapter 3A, a suspension underChapter 4A, or a revocation or suspension underChapter 5, of a relevant authorisation may relate to a part only of the maritime usage the subject of the relevant authorisation and, in any such case, the other provisions of this Part shall, with all necessary modifications, be construed accordingly.]

136. Material change of circumstances

136. For the purposes of this Act, a material change of circumstances F55[…] is where the MARA or a court, as appropriate, is satisfied that—

(a) there has been a change of circumstances of the holder F56[concerned], or of the part of the maritime area the subject of the relevant authorisation, that will or may adversely affect, in a material way, the undertaking of the maritime usage or proposed maritime usage the subject of the relevant authorisation (including adversely affecting any period within which, or the occurrence of any event on which, the undertaking of the usage is to commence or be completed), or

(b) there has been a change of circumstances of the holder F56[concerned], or of the part of the maritime area the subject of the relevant authorisation, such that, if the holder did not hold that relevant authorisation and were to make a relevant application for a relevant authorisation in the like terms, the provisions of Part 4 or 5, as appropriate, as in force at the time that the relevant authorisation was granted, would prevent the MARA from granting a relevant authorisation in such terms to the holder.

Chapter 2

137. Authorised officers of MARA

137. (1) The MARA may appoint in writing such and so many persons (including a person referred to in section 64(5)), including but not limited to members of staff of the MARA, to be authorised officers for the purposes of all or any of the provisions of this Act as it thinks appropriate and such appointment may be specified to be for a fixed period.

(2) Every authorised officer appointed under this section shall be given a warrant of appointment and shall, when exercising any power conferred on him or her by or under this Act, if requested by a person affected, produce the warrant of appointment or a copy of it to that person.

(3) An appointment under this section as an authorised officer shall cease—

(a) if the MARA revokes the appointment, or

(b) if the appointment is for a fixed period, on the expiry of that period.

(4) (a) Paragraph (b) applies to an authorised officer appointed under subsection (1) who is not a member of staff of the MARA.

(b) The authorised officer shall be so appointed as such on such terms and conditions as the MARA thinks fit with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.

138. Powers of authorised officers

138. (1) Regardless of whether or not an investigation is being carried out, the powers conferred on an authorised officer by this section may be exercised for the purposes of—

(a) ascertaining whether or not a relevant ground applies to a holder,

(b) ascertaining whether or not an offence under this Act or Part VIII of the Act of 2000 has been committed or is being committed, or

(2) An authorised officer may do all or any of the following:

(a) subject to subsection (3), at all reasonable times enter (or, as appropriate, board) any premises, at which there are reasonable grounds for believing that any books, records or other documents in relation to any relevant authorisation are kept, and search and inspect the premises and such books, records or other documents on the premises (including taking photographs or video or other recordings of the premises or such books, records or other documents on the premises);

(b) secure for later inspection any premises or any part of a premises in which such books, records or other documents are kept or there are reasonable grounds for believing that such books, records or other documents are kept;

(c) require any holder or any person employed by the holder to produce to the authorised officer such books, records or other documents and in the case of information in a non-legible form to reproduce it in a legible form or to give to the officer such information or explanation as the officer may reasonably require in relation to any entries in such books, records or other documents;

(d) inspect and take copies of or extracts from, or remove for a reasonable period for further examination, any books, records or other documents in whatever form kept (including, in the case of information in a non-legible form, a copy of or extract from such information in a permanent legible form) which the officer finds or which is produced to the officer in the course of inspection;

(e) require any holder or any person employed by the holder to give to the authorised officer such information as the officer may reasonably require in relation to any entries in such books, records or other documents;

(f) require any holder to give to the authorised officer any information which the authorised officer may require in regard to the maritime usage concerned or in regard to the persons carrying on such usage or employed in connection therewith;

(g) require any person by whom or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer reasonable assistance in relation thereto;

(h) summon, at any reasonable time, any other person employed in connection with the maritime usage concerned to give to the authorised officer any information which the officer may reasonably require in regard to such usage and to produce to the authorised officer any books, records or other documents which are in that person’s power or control;

(i) require any person employed in the premises concerned by any holder to prepare a report on aspects of the maritime usage concerned specified by the authorised officer or to explain entries in any books, records, documents or other materials referred to in this section.

(3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant issued by a judge of the District Court under subsection (8) authorising such entry.

(4) A person who has in his or her power, possession or procurement any books, records or other documents referred to in subsection (2) shall—

(a) produce them at the request of an authorised officer and permit the authorised officer to inspect and take copies of, or extracts from, them,

(b) at the request of an authorised officer, give any information which may be reasonably required with regard to them, and

(c) give such other assistance and information to an authorised officer as is reasonable in all the circumstances of the case.

(5) Where any person from whom production of a book, record or other document is required claims a lien thereon, the production of it shall be without prejudice to the lien.

(6) The duty to produce or provide any information, document, material or explanation extends to an examiner, liquidator, receiver, official assignee or any person who is or has been an officer or employee or agent of a holder, or who appears to the MARA or the authorised officer to have the information, document, material or explanation in his or her possession or under his or her control.

(7) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer by this Act.

(8) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held on any premises or any part of any premises, the judge may issue a warrant authorising an authorised officer, accompanied by other authorised officers or by a member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter (or, as appropriate, board) the premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section.

(9) (a) If any officer, employee, shareholder or agent of a holder refuses to produce to an authorised officer when requested to do so any book, record or document which it is his or her duty under this section to produce, or refuses to co-operate with an authorised officer when required to do so, or refuses to answer any question put to him or her by an authorised officer with respect to the affairs of the holder, the authorised officer may certify the refusal under his or her hand to the High Court.

(b) Where a refusal is certified to the High Court, the High Court may enquire into the case and, after hearing any witnesses who may be produced against or on behalf of the officer, employee, shareholder or agent of the holder and any statement which may be offered in defence, make any order or direction as it thinks fit.

(c) An order or direction made under paragraph (b) may include a direction to the person concerned to attend or reattend before the authorised officer or produce particular books, records or other documents or answer a particular question put to him or her by the authorised officer, or a direction that the person concerned need not produce a particular book, record or other document or answer a particular question put to him or her by the authorised officer.

(10) (a) Subject to paragraph (b), the District Court for the purposes of subsection (8) shall be the District Court for the District Court district where the premises concerned referred to in that subsection are situated.

(b) Where the premises concerned referred to in subsection (8) are situated within the maritime area, the District Court for the purposes of that subsection shall be the District Court assigned to the Dublin Metropolitan District.

(11) In this section—

“agent”, in relation to a holder, includes past as well as present agents, and includes the holder’s bankers, accountants, solicitors, auditors and the holder’s financial and other advisers;

“premises” includes (and without prejudice to the generality of the definition of “premises” in section 134)—

(a) any vessel, aircraft, vehicle and any other means of transport, and

(b) any part of the maritime area the subject of a relevant authorisation and any infrastructure situated in that part pursuant to the relevant authorisation.

139. Privileged legal material

139. (1) Subject to subsection (2), nothing in this Chapter shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.

(2) The disclosure of information may be compelled, or possession of it taken, pursuant to the powers of this Chapter, notwithstanding that it is apprehended that the information is privileged legal material provided the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the court of the issue as to whether the information is privileged legal material.

(3) Without prejudice to subsection (4), where, in the circumstances referred to in subsection (2), information has been disclosed or taken possession of pursuant to the powers in this Chapter, the person—

(a) to whom such information has been so disclosed, and

(b) who has taken possession of it,

shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application under subsection (4) in relation to the matter concerned) apply to the court for a determination as to whether the information is privileged legal material and an application under this subsection shall be made within seven days after the disclosure or the taking of possession.

(4) A person who, in the circumstances referred to in subsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to the powers in this Chapter, may apply to the court for a determination as to whether the information is privileged legal material.

(5) Pending the making of a final determination of an application under subsection (3) or (4), the court may give such interim or interlocutory directions as the court considers appropriate including, without prejudice to the generality of the foregoing, directions as to—

(a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by the court,

(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of—

(i) examining the information, and

(ii) preparing a report for the court with a view to assisting or facilitating the court in the making by the court of its determination as to whether the information is privileged legal material.

(6) An application under subsection (3), (4) or (5) shall be by motion and may, if the court directs, be heard otherwise than in public.

(7) In this section—

“court” means the High Court;

“information” means information contained in a document, a computer (including a personal organiser or any other electronic means of information storage or retrieval) or otherwise;

“privileged legal material” means information which, in the opinion of the court, a person is entitled to refuse to produce on the grounds of legal professional privilege.

Chapter 3

140. Circuit Court’s jurisdiction under this Chapter

140. (1) Subject to subsection (2), the Circuit Court shall have jurisdiction to hear and determine proceedings under this Chapter in relation to an enforcement notice given to a holder.

(2) (a) Subject to paragraph (b), the Circuit Court for the purposes of subsection (1) shall be the Circuit Court for that circuit in which the holder the subject of the enforcement notice concerned resides or ordinarily carries on any profession, business or occupation.

(b) Where the holder the subject of the enforcement notice concerned—

(i) does not reside or ordinarily carry on any profession, business or occupation in the State, or

(ii) resides or ordinarily carries on any profession, business or occupation in the maritime area,

the Circuit Court for the purposes of subsection (1) shall be the Circuit Court for the Dublin Circuit.

141. Issue of enforcement notices

141. (1) Subsection (2) applies where the MARA is of the opinion (in this section referred to as the “relevant opinion”) that a relevant ground applies to a holder.

(2) Without prejudice to the generality of the other provisions of this Part and subject to subsection (3), the MARA may give the holder a notice in writing, accompanied by a copy of this Chapter—

(a) stating the relevant opinion,

(b) specifying the relevant ground as to why it is of that opinion and the reasons why it is of that opinion,

(c) directing the holder to take such steps as are specified in the notice to remedy the relevant ground or, as the case may be, the matters occasioning it, and

(d) specifying a period (ending not earlier than the period specified in section 142(1) within which an application under that section to cancel a direction specified in the notice may be made) within which those steps must be taken.

(3) The MARA shall not give the holder an enforcement notice unless, in the interests of procedural fairness, the MARA has first—

(a) given the holder a notice in writing stating the nature of the enforcement notice that the MARA is minded to give to the holder and the reasons why the MARA is so minded,

(b) given the holder a reasonable opportunity, in the circumstances concerned, to make representations in writing to the MARA on what is stated in the notice referred to in paragraph (a), and

(4) The steps specified in an enforcement notice to remedy any relevant ground to which the notice relates may be framed so as to afford the holder a choice between different ways of remedying the relevant ground.

(5) Where the holder to whom an enforcement notice has been given makes an application under section 142(1) to cancel a direction specified in the notice, the steps specified in the notice, in so far as they relate to that direction, need not be taken by the holder pending the determination, withdrawal or abandonment of the application.

(6) The MARA may cancel an enforcement notice by notice in writing given to the holder.

(7) Where the holder fails to take the steps specified in an enforcement notice given to him or her, the MARA may, on notice to the holder, apply in a summary manner to the Circuit Court for an order requiring the holder to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the Circuit Court—

(a) may—

(i) make the order sought,

(ii) make the order sought subject to such variations to those steps as may be specified in the order, or

(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,

(b) may dismiss the application,

and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.

(8) For the avoidance of doubt, it is hereby declared that the giving of an enforcement notice to the holder does not relieve the holder of—

(a) any duty, obligation or responsibility under another provision of this Act or another enactment that relates to, or

(b) any liability arising from,

the relevant ground to which the notice relates.

142. Application for cancellation of direction specified in enforcement notice, etc.

142. (1) The holder to whom an enforcement notice has been given may, on notice to the MARA, not later than 30 days after being given the notice, apply to the Circuit Court for the cancellation of any direction specified in the notice and, on such an application, the Circuit Court may—

(a) cancel the direction,

(b) confirm the direction, or

and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.

(2) The decision of the Circuit Court on a direction specified in an enforcement notice shall be final save that, by leave of the High Court, an appeal by the holder, or the MARA, as the case may be, from the decision shall lie to the High Court on a point of law.

143. Rules of court

143. Rules of court may make provision for the expedition of the hearing of proceedings under this Chapter.

F58[Chapter 3A

143A. In this Chapter, "special enforcement notice" means a notice undersection 143B(2).]

143B. F60[Issue of special enforcement notices

143B. (1)Subsection (2)applies where the MARA is of the opinion (in this section referred to as the "relevant opinion") that a relevant ground applies to a holder and the gravity or potential gravity of such ground is so great that the provisions of this Chapter should apply to that ground rather than the provisions ofChapter 3.

(2) Without prejudice to the generality of the other provisions of this Part and subject tosubsection (3), the MARA may give the holder a notice in writing, accompanied by a copy of this Chapter—

(a) stating the relevant opinion,

(b) specifying the relevant ground as to why it is of that opinion and the reasons why it is of that opinion,

(c) directing the holder to take such steps as are specified in the notice to remedy the relevant ground or, as the case may be, the matters occasioning it, and

(d) specifying a period (being a period reasonable in all the circumstances of the case) within which those steps must be taken.

(3) The period specified by the MARA pursuant tosubsection (2)(d)may, at the request of the holder, be extended at the discretion of the MARA.

(4) The MARA shall not give the holder a special enforcement notice unless, in the interests of procedural fairness, the MARA has first—

(a) given the holder a notice in writing stating the nature of the special enforcement notice that the MARA is minded to give to the holder and the reasons why the MARA is so minded,

(b) given the holder a reasonable opportunity, in the circumstances concerned, to make representations in writing to the MARA on what is stated in the notice referred to inparagraph (a), and

(5) The steps specified in a special enforcement notice to remedy any relevant ground to which the notice relates may be framed so as to afford the holder a choice between different ways of remedying the relevant ground.

(6) The MARA may cancel a special enforcement notice by notice in writing given to the holder.

(7) Subject tosubsection (8), where the holder fails to take the steps specified in a special enforcement notice, the MARA may, by notice in writing given to the holder, revoke the holder’s relevant authorisation.

(8) The revocation of a relevant authorisation undersubsection (7)shall not take effect until—

(a) the date (if any) on which the MARA receives a notice in writing from the holder, not later than 30 days after the holder is given the notice concerned undersubsection (6), stating that the holder accepts the revocation, or

(b) the date (if any) that the High Court specifies that the revocation shall take effect in an order undersection 143Cconfirming the termination,

whichever first occurs.

(9) For the avoidance of doubt, it is hereby declared that the giving of a special enforcement notice to the holder does not relieve the holder of—

(a) any duty, obligation or responsibility under another provision of this Act or another enactment that relates to, or

(b) any liability arising from,

the relevant ground to which the notice relates.]

143C. F61[Application to High Court to confirm revocation of relevant authorisation under section 143B(6)

143C. (1) Where the MARA does not receive a notice referred to insection 143B(7)(a)within the period specified in that section, it may, as soon as is practicable after the expiration of that period and on notice to the holder, make an application in a summary manner to the High Court for an order confirming the revocation of the holder’s relevant authorisation undersection 143B(6).

(2) The High Court may determine an application undersubsection (1)by—

(a) making any order that it considers appropriate, including an order revoking the relevant authorisation the subject of the application from the date specified for the purpose by the High Court in the order, and

(b) giving to the MARA any other direction that it considers appropriate.

(3) The MARA shall, on complying with a direction of the High Court undersubsection (2)(b), give notice in writing to the holder concerned of the MARA’s compliance with such direction.

(4) The decision of the High Court on an application undersubsection (1)is final except that the MARA or the holder the subject of the decision may, by leave of that Court or the Court of Appeal, appeal against the decision to the Court of Appeal on a point of law.]

143D. F62[Rules of court

143D. Rules of court may make provision for the expedition of the hearing of proceedings under this Chapter.]

Chapter 4

144. Automatic termination of relevant authorisation

144. (1) Subject to F64[section 144Aand] Chapter 6, a relevant authorisation terminates immediately upon the occurrence of any of the following events:

(a) where the holder is an individual, the holder—

(i) dies,

(ii) is adjudicated bankrupt (whether in the State or elsewhere), or

(iii) becomes an arranging debtor (whether in the State or elsewhere);

(b) where the holder is a body corporate—

(i) the holder commences a voluntary winding-up or becomes subject to a winding-up order,

(ii) a receiver or examiner is appointed to the holder,

(iii) the holder proposes a compromise or arrangement that is sanctioned under section 453(2) of the Act of 2014 or section 201(3) of the Act of 1963, or

(iv) where the body is incorporated under the laws of another state, on the commencement of any event which corresponds to an event referred to in subparagraph (i), (ii) or (iii);

(c) development permission is required for the maritime usage the subject of the authorisation and the application for such permission—

(i) has not been made within the period specified in a condition, referred to in paragraph 5 of Part 1 of Schedule 6, attached to the authorisation, or

(ii) has been refused in circumstances where no further step can be taken by the holder, or a court, in respect of that application.

(2) (a) Where subsection (1)(a)(i) applies to the holder, the personal representative of the holder’s estate shall, as soon as is practicable after the death of the holder, give notice in the specified form to the MARA informing the MARA of such death.

(b) Where subsection (1)(a)(ii) or (iii) applies to the holder, the holder shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(3) (a) Where subsection (1)(b)(i), (iii) or (iv) applies to the holder, the holder shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(b) Where subsection (1)(b)(ii) applies to the holder, the receiver or examiner concerned shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(4) Where subsection (1)(c)(ii) applies to a relevant authorisation, the holder concerned shall, as soon as is practicable after that subsection so applies, give notice in the specified form to the MARA informing the MARA of such application.

(5) The MARA shall, as soon as is practicable after it becomes aware of the termination under this section of a relevant authorisation, publish a notice on its website—

(a) stating the name of the holder,

(b) giving particulars of the authorisation sufficient to identify the authorisation,

(d) the date on which the termination occurred.

144A. F65[Termination of relevant authorisation for breach

144A. (1) The following breaches shall constitute grounds for termination of a relevant authorisation—

(a) where the holder of a relevant authorisation fails to comply with a development permission granted in respect of the maritime usage the subject of that relevant authorisation and such failure is not remedied in accordance with, and within such reasonable period as is specified in, a notice from the MARA to the holder requiring such failure to be remedied,

(b) where the holder of a relevant authorisation fails to pay relevant moneys, as defined insection 167, due and owing to the MARA,

(c) where the holder of a relevant authorisation is in material breach of any provision of the relevant authorisation, the Act or the law, which breach is not remedied in accordance with, and within such reasonable period as is specified in, a notice from the MARA to the holder requiring such breach to be remedied, or which breach is not capable of being remedied, or

(d) where the holder of a relevant authorisation is in repeated or cumulative breach of any one or more provisions of the relevant authorisation, the Act or the law, which collectively are reasonably determined by the MARA to constitute a material breach and which are not remedied in accordance with, and within such reasonable period as is specified in, a notice from the MARA to the holder requiring such failure to be remedied.

(2) Where the MARA is satisfied that there is a ground for termination of the relevant authorisation undersubsection (1), it shall serve a notice in writing on the holder of the relevant authorisation—

(a) specifying the particular breach complained of;

(b) if the breach is capable of remedy, requiring the holder of the relevant authorisation to remedy the breach;

(3) If the breach is not remedied within the period specified in the notice served undersubsection (2), then the MARA shall serve notice of termination on the holder of the relevant authorisation.

(4) The holder of the relevant authorisation shall accept that the relevant authorisation has terminated or object to the notice of termination within a period of 30 days.

(5) Where the holder of the relevant authorisation does not accept that the relevant authorisation has terminated or objects to the termination of the relevant authorisation, then the MARA shall make as soon as practicable and on notice to the holder of the relevant authorisation, make an application to the High Court to confirm that the relevant authorisation has terminated.

(6) The Court may either confirm that the relevant authorisation has terminated or refuse to confirm that the relevant authorisation has terminated, as the Court sees fit, having regard to the conduct of the parties under the foregoing provisions of this section and all other circumstances and where the Court refuses to confirm that the relevant authorisation has terminated, the Court may make such order subject to such terms and conditions as the Court sees fit.

(7) The entitlement of the MARA to terminate a relevant authorisation for a failure to comply with a development permission is independent of and without prejudice to the entitlement of the MARA to take enforcement action under Part VIII of theAct of 2000and shall not be construed to prejudice the application of theAct of 2000in the event of a failure by the holder of a relevant authorisation to comply with a development permission granted in respect of the maritime usage the subject of the relevant authorisation.

(8) The entitlement of the MARA to terminate a relevant authorisation for a failure to pay relevant moneys due and owing by the holder of the relevant authorisation to the MARA is independent of and without prejudice to the entitlement of the MARA to recover, as a simple contract debt in any court of competent jurisdiction, from a person by whom relevant moneys is payable, any amount due and owing to the MARA in respect of such moneys in accordance with section 169 of the Act.

(9) The entitlement of the MARA to terminate a relevant authorisation in accordance with this section is without prejudice to the entitlement of the MARA to exercise any of the other enforcement powers conferred on it under Part 6 of the Act.]

144AA. F67[Disapplication of section 144(1)(a) or (b) of Act of 2021 in specified circumstances

144A.(1)Subject to subsections (4),(6),(8)and(9), the relevant event shall not terminate the relevant authorisation until the expiration of the relevant period.

(2) The MARA may, at any time during the relevant period, by notice in writing given to the relevant person, require the person to submit a return, in the specified form and within such period as is specified in the notice (being a period reasonable in all the circumstances of the case), to the MARA on the person’s prospects of finding a proposed assignee within the relevant period.

(3) The relevant person who is given a notice undersubsection (2)shall comply with the notice.

(4) Where—

(a) the relevant person who was given a notice undersubsection (2)fails to comply with the notice, or

(b) the MARA, having considered a return submitted to it by the relevant person pursuant to a notice undersubsection (2), is satisfied that there is no reasonable prospect of the person finding a proposed assignee within the relevant period,

the MARA shall, by notice published on its website, disapplysubsection (1)to the relevant authorisation (andsubsection (5)ofsection 144applies accordingly in respect of the termination of the authorisation).

(5) The relevant person may, by notice in the specified form, request the MARA to extend or further extend the relevant period on the grounds specified in the notice.

(6) The MARA, after having considered a notice given to it by the relevant person pursuant tosubsection (5), shall—

(a) if it is satisfied that there is a reasonable prospect of the person finding a proposed assignee within the relevant period as extended or further extended for such period as the MARA thinks reasonable in all the circumstances of the case, by notice in writing given to the person, extend or further extend the relevant period for such period as is specified in the notice, or

(b) if not so satisfied, by notice in writing given to the person refuse to extend or further extend the relevant period.

(7) For the purposes of this section, the references to ‘holder’ and ‘proposed assigner’ insection 85may be construed as references to the relevant person.

(8) Where, before the expiration of the relevant period, an application is made undersection 85for the assignment of the relevant authorisation, the relevant period shall not expire until the determination of the application.

(9) Where the relevant authorisation is assigned to the proposed assignee pursuant to the determination of an application undersection 85, the relevant event shall not apply to the authorisation but without prejudice to any future application ofsection 144to the authorisation.

(10) In this section—

"proposed assignee" shall be construed in accordance withsection 85;

"relevant authorisation" means a relevant authorisation which is a MAC in respect of which an event which falls withinsection 144(1)(a)or(b)has occurred in respect of the holder of the authorisation;

"relevant event", in relation to the relevant authorisation, means the event referred to in the definition of "relevant authorisation";

"relevant person", in relation to the relevant authorisation, means—

(a) the holder of the authorisation,

(b) a secured party, or

"relevant period", in relation to the relevant authorisation, means the following:

(a) subject toparagraph (b), the period of 90 days commencing on the day immediately following the day on which the relevant event occurs;

(b) that 90 days as extended or by virtue ofsubsection (6)(a)or(8);

"security interest" means any mortgage, charge, pledge, lien or other security interest securing any obligation of any person or any agreement or other arrangement having a similar effect;

"secured party", in relation to a relevant authorisation, means a person—

(a) in whose favour a security interest has been created over—

(i) the maritime usage the subject of the authorisation, or

(ii) the shares (if any) of the holder of the authorisation,

(b) who has, pursuant to an agreement in writing, been afforded rights to step in to the interest that the holder of the authorisation has in the maritime usage the subject of the authorisation,

and whether or not the person is acting for the person’s own benefit or as agent, security agent, security trustee or otherwise for the first-mentioned person or another person, and includes any transferee of, or purchaser from, the first-mentioned person or nominee or novatee of the holder of the authorisation or of the first-mentioned person.

F68[Chapter 4A

145. Circumstances in which application may be made to High Court for immediate suspension of relevant authorisation, etc.

145. (1) (a)Paragraph (b) applies where the MARA is of the opinion that a relevant ground may apply to a holder and the potential gravity of such ground (whether for safety or environmental reasons or otherwise), if it were found that it does so apply, is so great that the immediate suspension of the relevant authorisation concerned is warranted until steps or further steps are taken under Chapter 3 F69[,3Aor5].

(b) The MARA may, on notice to the holder, make an application in a summary manner to the High Court for an order to suspend the relevant authorisation.

(2) The High Court may determine an application under subsection (1) by—

(a) making any order that it considers appropriate, including an order suspending the relevant authorisation the subject of the application for such period, or until the occurrence of such event, as is specified in the order, and

(b) giving to the MARA any other direction that the High Court considers appropriate.

(3) The MARA shall, on complying with a direction of the High Court under subsection (2)(b), give notice in writing to the holder concerned of the MARA’s compliance with the direction.

(4) Sections 151(3) and (4) and 158(6) shall, with all necessary modifications, apply to a relevant authorisation suspended under subsection (2) as they apply to a relevant authorisation suspended pursuant to a decision confirmed or given under section 149(3) or 150(2).

F70[Chapter 5

146. Investigations

146. (1) (a) The MARA may, where it is of the opinion that a relevant ground may apply to a holder, cause such investigation as it thinks fit to be carried out to identify any relevant ground.

(b) The MARA shall, for the purposes of the investigation, appoint an authorised officer, subject to such terms and conditions as it thinks fit—

(i) to carry out the investigation, and

(ii) to submit to it an investigation report following the completion of the investigation.

(2) The MARA may appoint more than one authorised officer to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the authorised officers so appointed and the other provisions of this Act (including the definition of “investigation report” in section 134) shall, with all necessary modifications, be construed accordingly.

(3) The terms and conditions of appointment of an authorised officer may define the scope of the investigation to be carried out by the authorised officer, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where the MARA has appointed an authorised officer to carry out an investigation, the authorised officer shall, as soon as is practicable after being so appointed—

(a) give notice in writing to the holder concerned of the matter to which the investigation relates, and

(b) give the holder—

(i) copies of any documents relevant to the investigation, and

(ii) a copy of this Part, and

(iii) without prejudice to the generality of section 138, afford the holder an opportunity to respond within 30 days from the date on which the holder received the notice referred to in paragraph (a), or such further period not exceeding 30 days as the authorised officer allows, to the matter to which the investigation relates.

147. Actions to be taken by authorised officer and MARA upon completion of investigation

147. (1) Subject to subsection (3), where an authorised officer has completed an investigation, the authorised officer shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or books, records or other documents (whether kept in manual form or otherwise) provided to the authorised officer pursuant to any requirement under section 138, any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented—

(a) prepare a draft of the investigation report, and

(b) give to the holder the subject of the investigation—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the holder may, not later than 30 days from the date on which the notice was received by the holder, or such further period not exceeding 30 days as the authorised officer allows, make submissions in writing to the authorised officer on the draft of the investigation report.

(2) Subject to subsection (3), an authorised officer who has complied with subsection (1) following the completion of an investigation shall, as soon as is practicable after—

(a) the expiration of the period referred to in subsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revisions to the draft of the investigation report which, in the opinion of the authorised officer, are warranted following such consideration,

prepare the final form of the investigation report and submit it to the MARA with any such submissions annexed to the report.

(3) Where an authorised officer states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that a relevant ground applies to the holder the subject of the investigation, the authorised officer shall not make any recommendation, or express any opinion, in the report as to the minor sanction or major sanction that he or she thinks ought to be imposed on the holder in respect of such ground in the event that the MARA is also satisfied that such ground applies to the holder.

(4) Subject to subsection (5), where the MARA has considered an investigation report (and any submissions annexed thereto) submitted to it pursuant to subsection (2), the MARA—

(a) if it is satisfied that a relevant ground applies to the holder the subject of the investigation, shall, subject to subsection (6) and section 148 —

(i) impose a minor sanction on the holder, or

(ii) impose a major sanction on the holder,

as it thinks fit in all the circumstances of the case, or

(b) if it is not satisfied that a relevant ground applies to the holder the subject of the investigation but is of the opinion that a further investigation of the holder is warranted, shall cause the further investigation to be carried out pursuant to its powers under section 146(1).

(5) The MARA shall, as soon as is practicable after making a decision under subsection (4), give notice in writing of the decision and the reasons for the decision to the holder the subject of the investigation concerned and, if subsection (4)(a) applies in the case of that holder, set out in that notice—

(a) the minor sanction or major sanction imposed on the holder for the relevant ground specified in the notice in respect of which the MARA is satisfied as referred to in that subsection, and

(b) the reasons for the imposition of such minor sanction or major sanction, as the case may be.

(6) Where subsection (4)(a) applies in the case of a holder, the MARA shall, in deciding the minor sanction or major sanction to be imposed on the holder, take into consideration the matters referred to in section 152.

148. Confirmation of High Court required before decision under section 147(4)(a) to impose major sanction takes effect

148. Subject to section 145, a decision under section 147(4)(a) to impose a major sanction on a holder shall not take effect unless the decision is confirmed by the High Court under section 149(3) or 150(2).

149. Appeal to High Court against decision to impose major sanction

149. (1) A holder the subject of a decision under section 147(4)(a) by the MARA to impose a major sanction on the holder may, not later than 30 days from the date the holder received the notice under section 147(5) of the decision and on notice to the MARA, appeal to the High Court against the decision.

(2) The High Court may, on the hearing of an appeal under subsection (1) by a holder, consider any evidence adduced or argument made, whether or not adduced or made to an authorised officer or the MARA.

(3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a holder—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to do either or both of the following:

(A) impose a different major sanction on the holder;

(B) impose a minor sanction on the holder,

(II) to impose neither a major sanction nor a minor sanction on the holder,

and

(b) whether paragraph (a)(i) or (ii) is applicable, make such order as to costs as it thinks fit in respect of the appeal.

(4) The High Court shall, for the purposes of subsection (3)(a)(i) or (ii)(I), take into consideration the matters referred to in section 152.

150. Application to High Court to confirm decision to impose major sanction

150. (1) Where a holder does not, within the period allowed under section 149(1), appeal to the High Court against a decision under section 147(4)(a) by the MARA to impose a major sanction on the holder, the MARA shall, as soon as is practicable after the expiration of that period and on notice to the holder, make an application in a summary manner to the High Court for confirmation of the decision.

(2) The High Court shall, on the hearing of an application under subsection (1), confirm the decision under section 147(4)(a) the subject of the application unless the Court considers that there is good reason not to do so.

151. Provisions supplementary to sections 149 and 150

151. (1) The decision of the High Court on an appeal under section 149(1) or an application under section 150(1) is final except that the MARA or the holder the subject of the decision may, by leave of that Court or the Court of Appeal, appeal against the decision to the Court of Appeal on a point of law.

(2) Where the High Court confirms or gives a decision under section 149(3) or 150(2), the MARA shall, as soon as is practicable after the decision is confirmed or given, as the case may be, give notice in writing of the decision to the holder the subject of the decision and, if the decision provides for the imposition of a major sanction on the holder which falls within paragraph (b) of the definition of “major sanction”, the notice shall specify the day on which the specified period referred to in that paragraph is to commence, being a day not earlier than seven days from the date on which the decision is confirmed or given, as the case may be.

(3) Subject to Chapter 6, a MAC which is suspended pursuant to a decision confirmed or given under section 149(3) or 150(2) by the High Court shall not be in force during the period of its suspension.

(4) The holder whose relevant authorisation has been revoked or suspended pursuant to a decision confirmed or given under section 149(3) or 150(2) by the High Court shall comply with any directions of the MARA given to the person in respect of the surrender or temporary surrender of the relevant authorisation and any copies thereof.

152. Matters to be considered in determining sanctions to be imposed

152. (1) The MARA or the High Court, as appropriate, in considering—

(a) the minor sanction or major sanction to be imposed on a holder pursuant to section 147(4)(a), or

(b) the minor sanction (if any) or major sanction (if any) to be imposed on a holder pursuant to a decision confirmed or given under section 149(3) or 150(2),

shall take into account the circumstances of the relevant ground concerned (including the factors occasioning it).

(2) Without prejudice to the generality of subsection (1), the MARA or the High Court, as appropriate, may, in relation to the holder concerned, have regard to—

(a) the need to ensure that any sanction imposed—

(i) is appropriate and proportionate to the relevant ground, and

(ii) if applicable, will act as a sufficient incentive to ensure that any like relevant ground will not apply to the holder in the future,

(b) the seriousness of the relevant ground,

(c) the income of the holder in the financial year ending in the year previous to the year in which the relevant ground last applied to the holder and the ability of the holder to pay an amount which falls within paragraph (c), (d) or (e) of the definition of “major sanction”,

(d) the extent of any failure by the holder to co-operate with the investigation concerned of the holder,

(e) any excuse or explanation by the holder for the relevant ground or failure to co-operate with the investigation concerned,

(f) any gain (financial or otherwise) made by the holder or by any other person in which the holder has a financial interest as a consequence of the relevant ground,

(g) the amount of any loss suffered, or costs incurred, by the State as a result of the relevant ground,

(h) the duration of the relevant ground,

(i) the repeated application of the relevant ground to the holder,

(j) if applicable, the continuation of the relevant ground after the holder was notified of the investigation concerned,

(k) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the holder intended to prevent relevant grounds,

(l) if applicable, the extent and timeliness of any steps taken to end the relevant ground and any steps taken for remedying the consequences of the relevant ground,

(m) whether a sanction in respect of the relevant ground has already been imposed on the holder by a court, the MARA or another person, and

(n) any precedents set by a court, the MARA or another person in respect of previous relevant grounds.

153. Protection for persons reporting alleged relevant ground, etc.

153. (1) Subject to subsection (3), a person who, apart from this section, would be so liable shall not be liable in damages in respect of the communication to the MARA, whether in writing or otherwise, of his or her opinion that a relevant ground may apply to a holder, or that a contravention of a provision of this Act by a person other than a holder may have been or may be being committed, unless—

(a) in communicating his or her opinion to the MARA did so—

(i) knowing it to be false, misleading, frivolous or vexatious, or

(ii) reckless as to whether it was false, misleading, frivolous or vexatious,

(b) in connection with the communication of his or her opinion to the MARA, gave information that he or she knew to be false or misleading.

(2) The reference in subsection (1) to liability in damages shall be construed as including a reference to liability to any other form of relief.

(3) Subsection (1) shall not apply to a communication, or giving of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(4) Subsection (1) is in addition to, and not in substitution for, any privilege or defence available in legal proceedings, by virtue of any statutory provision or rule of law in force immediately before the coming into operation of this section, in respect of the communication by a person to another (whether that other person is the MARA or not) of an opinion of the kind referred to in subsection (1).

(5) Subject to subsection (6), an employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for—

(a) having formed an opinion of the kind referred to in subsection (1) and communicated it, whether in writing or otherwise, to the MARA unless the employee—

(i) in communicating his or her opinion to the MARA did so—

(I) knowing it to be false, misleading, frivolous or vexatious, or

(II) reckless as to whether it was false, misleading, frivolous or vexatious,

(ii) in connection with the communication of his or her opinion to the MARA, gave information that he or she knew to be false or misleading in a material particular,

(b) giving notice of his or her intention to do the thing referred to in paragraph (a).

(6) Subsection (5) shall not apply to a communication, or giving of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(7) Schedule 9 shall have effect for the purposes of subsection (5).

(8) For the purposes of this section, a reference to “dismissal” includes—

(a) a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015, and

(b) a dismissal wholly or partly for or connected with the purpose of the avoidance of a fixed-term contract being deemed to be a contract of indefinite duration under section 9(3) of the Protection of Employees (Fixed-Term Work) Act 2003.

(9) Paragraphs (a), (c), (d), (e) and (f) of the definition of “penalisation” in subsection (10) shall not be construed in a manner which prevents an employer from—

(a) ensuring that the business concerned is carried on in an efficient manner, or

(b) taking any action required for economic, technical or organisational reasons.

(10) In this section and Schedule 9 —

“contract of employment” means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and includes—

(a) a person (other than an employee of that person) under whose control and direction an employee works, and

(b) where appropriate, the successor of the employer or an associated employer of the employer;

“penalisation” means any act or omission by an employer, or by a person acting on behalf of an employer, that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—

(a) suspension, lay-off or dismissal,

(b) the threat of suspension, lay-off or dismissal,

(d) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(e) the imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty),

(f) unfair treatment, including selection for redundancy,

(g) coercion, intimidation or harassment,

(h) discrimination, disadvantage or adverse treatment,

(i) injury, damage or loss, and

(j) threats of reprisal.

Chapter 6

154. Effect of termination or revocation of relevant authorisation

154. (1) On and after the date, or the occurrence of the event, as the case may be, on which the F72[revocation underChapter 3A, termination underChapter 4, or revocation underChapter 5], as the case may be, takes effect, the holder of the relevant authorisation shall cease to be able to exercise any powers under the relevant authorisation.

(2) All the holder’s obligations under the relevant authorisation or this Act shall continue to apply to the holder and the holder shall continue to discharge the obligations unless—

(a) the effect of subsection (1) prevents the holder from doing so, or

(b) in the case of the revocation of a relevant authorisation under Chapter 5, the notice concerned under section 151(2) specifies that the holder is not required to discharge the obligation concerned.

155. Effect of suspension of relevant authorisation

155. Where a relevant authorisation is for the time being suspended under Chapter F73[4Aor] 5—

(a) the only powers which may be exercised under the relevant authorisation during the suspension are those specified for the purpose in the order concerned under section 145(2) or the notice concerned under section 151(2), as appropriate, and

(b) all of the holder’s obligations under the relevant authorisation or this Act continue to apply to the holder and the holder shall continue to discharge the obligations unless—

(i) the effect of paragraph (a) prevents the holder from doing so, or

(ii) the order concerned under section 145(2) or the notice concerned under section 151(2), as appropriate, specifies that the holder is not required to comply with the obligation concerned during such suspension.

156. Notice of revocation or suspension of relevant authorisation to be given to certain bodies

156. (1) The MARA shall, as soon as is practicable after the date on which the revocation or suspension under Chapter F74[3A,4Aor] 5 of a relevant authorisation takes effect, give notice in writing to each relevant body of—

(a) the name of the holder,

(b) particulars of the relevant authorisation sufficient to identify the authorisation, and

(2) In this section, “relevant body” means—

(a) the Board (P),

(b) the CPA (if any) for the part of the maritime area the subject of the relevant authorisation concerned, and

157. No fee, etc., refundable following termination, revocation or suspension of relevant authorisation, etc.

157. F75[The revocation underChapter 3A, the termination] under Chapter 4, or the revocation or suspension under Chapter 5, as the case may be, of a relevant authorisation shall not entitle the holder to—

(a) any refund of all or any part of any levy or specified fee that the holder has paid to the MARA pursuant to this Act in relation to the relevant authorisation, or

(b) any compensation from the State in relation to any expenditure, or loss of income, incurred by the holder in relation to the relevant authorisation.

Chapter 7

158. Offences - general

158. (1) A person who contravenes section 70(1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding two years or both.

(2) A person who contravenes section 75(1), 76(1) or 113(1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding five years or both.

(3) A person who falsely represents himself or herself as an authorised officer shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding two years or both.

(4) Without prejudice to the generality of the powers of the Circuit Court to enforce an order under section 141(7)(a), if the holder concerned fails to comply with the order, the holder shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding €250,000.

(5) A person who contravenes section 144(2)(a) or (b), (3)(a) or (b) or (4) shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

(6) A person who, without reasonable excuse, contravenes a direction referred to in section 151(4) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(7) Subject to subsection (8), a person who makes a communication under section 153(1), which the person knows to be false, that a relevant ground may apply to a holder, or that a contravention of a provision of this Act by a person other than a holder may have been or may be being committed, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding three years or both.

(8) Subsection (7) shall not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(9) An employer who contravenes section 153(5) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine and imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding three years or both.

159. False or misleading information

159. (1) Any relevant person who knowingly, or recklessly, provides the MARA with information which is false or misleading in a material particular in his or her capacity as a relevant person shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding five years or both.

(2) In this section, “relevant person” means—

(a) the case of a relevant application, the applicant, or

(b) a holder.

160. Obstruction

160. (1) A person shall not interfere with, or otherwise obstruct (including obstruct by way of withholding information reasonably required by, or by knowingly or recklessly providing false or misleading information to)—

(a) the MARA,

(b) a member of staff of the MARA (including a person referred to in section 64(5)),

(d) a member of the Garda Síochána

in the performance of their respective functions under this Act.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both,

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding two years or both.

161. Evidentiary presumptions

161. (1) The MARA may, by notice in writing, authorise the chief executive officer or another member of staff of the MARA to give, on the MARA’s behalf, a certificate under this section.

(2) In proceedings, a certificate signed by an authorised person containing a relevant statement shall, without further proof of the signature of the person purporting to sign the certificate or that the person was an authorised person, be evidence, unless the contrary is shown, of the matters the subject of the relevant statement.

(3) A certificate under this section may contain two or more relevant statements.

(4) In this section—

“authorised person” means the chief executive officer or another member of staff of the MARA authorised under subsection (1) by the MARA to give, on the MARA’s behalf, a certificate under this section;

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

“relevant statement” means either or both of the following statements:

(a) a statement to the effect that the person specified in the statement was or was not the holder of a relevant authorisation on the date or dates specified in the statement;

(b) a statement to the effect that the particulars (including particulars relating to conditions) specified in the statement were the particulars of a relevant authorisation specified in the statement on the date or dates specified in the statement.

162. Offences by bodies corporate

162. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

163. Vicarious liability

163. (1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated, for the purposes of this Act, as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated as done also by that other person.

(3) Subject to subsection (4), in proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were practicable to prevent the employee—

(a) from doing that act, or

(b) from doing in the course of his or her employment acts of that description.

(4) Subsection (3) shall not apply to any civil proceedings, whether under this Act or otherwise.

(5) In this section—

“contract of employment” means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;

(a) a person (other than an employee of that person) under whose control and direction an employee works, and

(b) where appropriate, the successor of the employer or an associated employer of the employer.

164. Summary proceedings

164. An offence under this Act may be prosecuted summarily by the MARA.

165. Time limit for offences that may only be brought by summary proceedings

165. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act to which that provision applies may be instituted—

(a) within 12 months after the date on which the offence was committed,

(b) within six months after the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than two years after the date on which the offence concerned was committed.

(2) For the purposes of subsection (1)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

(3) Subsections (1) and (2) shall not be construed to prejudice the generality of section 7 of the Criminal Justice Act 1951.

166. Costs of prosecutions

166. (1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing, where a person is convicted of an offence under this Act, order the person to pay the Minister or the MARA, as appropriate, the costs and expenses of the action, measured by the court.

(2) Where costs or expenses are to be paid to the Minister or the MARA, they shall include any such costs or expenses reasonably incurred by either of them in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

F76[Chapter 8

166A. F77[Rights of action

166A. (1) Subject tosubsection (2), notwithstanding that a relevant authorisation does not confer on the holder of the authorisation any estate or interest in or over the part of the maritime area the subject of the authorisation, the holder shall, by virtue of this section, have the same rights of action—

(a) in nuisance as if the holder were the owner of that part, and

(b) in trespass as if the holder were the owner of such areas of that part in which any infrastructure or other property owned by the holder are situated.

(2) The rights referred to insubsection (1)are not exercisable against—

(a) the MARA,

(b) a member of staff of the MARA (including a person referred to insection 64(5)),

(d) a member of the Garda Síochána,

in the performance of their respective functions under this Act.]

PART 7 Miscellaneous

167. Definition

167. In this Part, “relevant moneys” means—

(a) any fee or costs required under this Act to be paid to the MARA,

(b) any levy required to be paid to the MARA, or

(c) any payment required to be paid to the MARA pursuant to a decision confirmed or given under section 149(3)(a) or 150(2).

168. Disposal of relevant moneys

168. (1) Subject to subsections (2) and (3), the Minister for Public Expenditure and Reform shall, after consultation with the Minister, from time to time give directions to the MARA as to how the MARA shall dispose of relevant moneys it receives.

(2) The Minister for Public Expenditure and Reform may give different directions under subsection (1) in respect of different classes of relevant moneys.

(3) The MARA shall pay relevant moneys which fall within paragraph (c) of the definition of “relevant moneys” into the Exchequer.

169. Recovery of relevant moneys

169. F78[(1)] The MARA may recover, as a simple contract debt in any court of competent jurisdiction, from a person by whom relevant moneys is payable, any amount due and owing to the MARA in respect of such moneys.

F79[(2) Interest shall be payable on an amount referred to insubsection (1), from the time it is due and owing to the MARA until it is paid to the MARA, at—

(a) the prescribed rate, or

(b) if no such rate stands prescribed, the rate of 2 per cent,

and that reference to amount shall include a reference to the amount of interest payable thereon as calculated under this subsection.]

170. Ways of giving notice, etc.

170. (1) A notice that is required to be given to a person under this Act shall be addressed to the person concerned by name, and may be so given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being served on, or given to him or her, in that manner.

(2) Where the name of a particular person referred to in subsection (1) cannot be ascertained after reasonable efforts to ascertain such name have been unsuccessful, a notice that is required under this Act to be given to the person may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case requires.

(3) A notice given under subsection (1) shall be deemed to have been received by the person—

(a) in the case of prepaid registered post, or other recorded delivery, on the third working day after the day on which it was so sent, and

(b) in the case of electronic mail, when the sender’s facility for the reception of electronic mail generates a message confirming the receipt of the electronic mail.

(4) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(5) (a) Paragraph (b) applies where a person (not being the Minister) is, pursuant to and in accordance with a provision of this Act, required to publish a notice referred to in this Act in one or more than one specific way.

(b) Subject to paragraph (c), the Minister may by regulations require the person to publish the notice in one or more than one other additional specific way.

(c) Where the Minister makes regulations under paragraph (b), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that the notice needs to be published in sufficient different ways to ensure, in so far as is practicable, that it is brought to the attention of those persons (which may be the public in general) most likely to be interested in the contents of the notice.

(d) Paragraphs (e) and (f) apply where a notice, referred to in this Act, specifies a time period (in this subsection referred to as the “relevant period”) within which submissions may be made on the contents (howsoever described) of the notice.

(e) The period between 24 December and 1 January, both dates inclusive, shall not count towards the calculation of the relevant period and, accordingly, the relevant period shall be extended by so much of that first-mentioned period as falls within the relevant period.

(f) Subject to paragraph (g), the Minister may by regulations specify public holidays (not being a public holiday falling within the period first-mentioned in paragraph (e)) which shall not count towards the calculation of the relevant period and, accordingly, the relevant period shall be extended by the number of public holidays falling with the relevant period that are so specified as regards that notice.

(g) Where the Minister makes regulations under paragraph (f), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that members of the public should not have the relevant period inordinately reduced by the number of public holidays that may occur during that period.

(6) In this section, “notice” includes any other document that is required to be given to a person under this Act.

PART 8 Amendment of Planning and Development Act 2000

171. Development in maritime area

171. The Act of 2000 is amended by the insertion of the following Part:

“PART XXI

Maritime Development

Chapter 1

Preliminary and General

Definitions

278. In this Part, except where the context otherwise requires—

‘development’ means—

(a) the carrying out of any works in the maritime area, or

(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area,

and includes the reclamation of any land in the nearshore area;

‘marine planning policy statement’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘public body’ means a body established by or under statute that, for the time being, stands prescribed for the purposes of this Part;

‘Regulations of 2001’ means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

Extension of functional area of coastal planning authority

279.For the purposes of this Act but subject to section 308, the functional area of a coastal planning authority includes the nearshore area of that coastal planning authority, and in this Act references to functional area, administrative area or area of a planning authority shall be construed accordingly.

Chapter II

Certain Development in Nearshore Area

Application of Chapter

280. (1) Subject to subsection (2), this Chapter applies to development situated—

(a) wholly in the nearshore area of a coastal planning authority, or

(b) partly in the nearshore area of a coastal planning authority and partly on land.

(2) This Chapter does not apply to development—

(a) of a class specified in the Eighth Schedule (inserted by section 172 of the Maritime Area Planning Act 2021),

(b) in accordance with—

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933.

Obligation to obtain permission to carry out development

281. (1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 34.

(2) Subject to section 283, a person shall not be eligible to make an application for permission to carry out development to which this Chapter applies, unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land on which it is proposed to carry out the development concerned,

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

(3) An application for permission to carry out development to which this Chapter applies shall be made, under and in accordance with section 34, to the coastal planning authority within whose functional area that part of the nearshore area in which it is proposed to carry out the development is situated.

Consideration by planning authority of application for permission for development

282. (1) Subject to section 283, a planning authority shall neither consider an application for permission under section 34 for development to which this Chapter applies nor grant such permission, unless the applicant for such permission—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(b) is the owner of land on which it is proposed to carry out the development concerned,

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

(2) A coastal planning authority shall, in the performance of its functions under this section and section 34 in relation to a maritime application, have regard to—

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