Maritime Area Planning Act 2021

Consultation by Board with Maritime Area Regulatory Authority

321. (1) The Board may consult with the Maritime Area Regulatory Authority for the purposes of this Part.

(2) The Board may, for the purpose of the performance of its functions under this Part, request the Maritime Area Regulatory Authority to provide the Board with such information (including information in relation to an applicant under section 291 or requesting person within the meaning of Chapter III) as is in the possession, or procurement, of the Maritime Area Regulatory Authority.

(3) The Maritime Area Regulatory Authority shall accede to a request under subsection (2).”.

172. Classes of development to which Chapter III of Part XXI of Act of 2000 applies

172. The Act of 2000 is amended by the insertion of the Schedule set out in Schedule 10.

173. Relevant provisions for purposes of sections 309, 312 and 313 of Act of 2000

173. The Act of 2000 is amended by the insertion of the Schedule set out in Schedule 11.

174. Amendment of certain other provisions of Act of 2000

174. The Act of 2000 is amended to the extent specified in Schedule 12.

PART 9 Consequential Amendments

Chapter 1

175. Application - Act of 1933 and Maritime Area Planning Act 2021

175. The Act of 1933 is amended by the insertion of the following section after section 1D:

“Application - this Act and Maritime Area Planning Act 2021

1E. (1) In this section, ‘relevant Minister’ means the Minister of the Government who falls within paragraph (c) of section 1B.

(2) Subject to subsection (3), the relevant Minister shall not, on or after the relevant date, perform a function under a relevant section.

(3) Subsection (2) shall not apply to the relevant Minister’s determination of an application made under this Act before the relevant date but not finally determined before that date.

(4) The MARA may, on or after the establishment day—

(a) exercise the power or proviso for re-entry referred to in section 2(4), or

(b) exercise the power to terminate referred to in section 3(5),

to the same extent that the relevant Minister may have done so before the establishment day.

(5) (a) The relevant Minister shall not, on or after the establishment day, perform a function under the other provisions of this Act.

(b) The references in the other provisions of this Act to the appropriate Minister shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the MARA.

(c) The references in section 13AA to a Minister of the Government shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the MARA.

(6) In this section—

‘Act of 2021’ means the Maritime Area Planning Act 2021;

‘establishment day’ means the day appointed under section 41 of the Act of 2021;

‘foreshore authorisation’ has the meaning assigned to it by the Act of 2021;

‘function’, in relation to the relevant Minister, includes the relevant Minister being the person to whom a rent, fine, royalty, or other money, is paid or is required to be paid;

‘MARA’ means the Maritime Area Regulatory Authority;

‘other provisions of this Act’ means any provisions of this Act other than a relevant section;

‘relevant date’ means—

(a) in the case of a relevant section and a foreshore authorisation which falls within section 105 of the Act of 2021, the coming into operation of that last-mentioned section, and

(b) in the case of a relevant section and a foreshore authorisation which falls within section 129 of the Act of 2021, the coming into operation of that last-mentioned section;

‘relevant section’ means section 2, 3, 10, 13 or 20.”.

176. Amendment of section 10 of Act of 1933

176. Section 10 of the Act of 1933 is amended—

(a) in subsection (3)—

(i) by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(ii) by the substitution of “the appropriate Minister” for “that Minister” in both places that it occurs,

(b) in subsection (4), by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(c) by the insertion of the following after subsection (4):

“(5) For the avoidance of doubt, it is hereby declared that where a reference in this section to the appropriate Minister means the Minister of the Government who falls within paragraph (a) or (b) of section 1B, that reference shall be construed as only enabling that Minister to perform functions under this section which relate to that Minister’s functions under either or both of those paragraphs.”.

177. Amendment of section 11 of Act of 1933

177. Section 11 of the Act of 1933 is amended—

(a) in subsection (1)—

(i) by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(ii) by the substitution of “the appropriate Minister” for “that Minister”,

(b) in subsection (2), by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(c) in subsection (3)—

(i) by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(ii) by the substitution of “the appropriate Minister” for “that Minister”.

178. Amendment of section 12 of Act of 1933

178. Section 12 of the Act of 1933 is amended by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government” in each place that it occurs.

179. Amendment of section 13 of Act of 1933

179. Section 13(1) of the Act of 1933 is amended by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”.

180. Environmental impact assessments - special cases

180. The Act of 1933 is amended by the insertion of the following section after section 13B:

“13C. (1) Subsection (2) applies where a local authority that is a planning authority (within the meaning of the Act of 2000)—

(a) applies for approval for a proposed development under—

(i) section 226 of the Act of 2000, or

(ii) on and after the coming into operation of section 12(2) of the Maritime Area Planning Act 2021, section 175 of the Act of 2000, or

(b) has an approval referred to in paragraph (a).

(2) Notwithstanding the provisions of any other enactment, it shall not be necessary for—

(a) the local authority to submit an Environmental Impact Assessment Report in connection with its application under this Act for a lease or licence for the proposed development, or

(b) the appropriate Minister to undertake an environmental impact assessment in determining an application referred to in paragraph (a).”.

181. Amendment of section 18A of Act of 1933

181. Section 18A(1) of the Act of 1933 is amended—

(a) by the substitution of “Minister for Agriculture, Food and the Marine may” for “Minister for the Environment, Heritage and Local Government may, after consultation with the Minister for Agriculture, Fisheries and Food,”, and

(b) in paragraph (a), by the deletion of “for the Environment, Heritage and Local Government, or the Minister for Agriculture, Fisheries and Food or to both”.

Chapter 2

182. Amendment of section 125 of Registration of Title Act 1964

182. Section 125 of the Registration of Title Act 1964 is amended by the substitution of “Minister for Agriculture, Food and the Marine and the Maritime Area Regulatory Authority” for “Minister for Transport and Power”.

Chapter 3

183. Definition

183. In this Chapter, “Act of 1992” means the Foreshore (Amendment) Act 1992.

184. Application - Act of 1992 and Maritime Area Planning Act 2021

184. (1) The Act of 1992 is amended by the insertion of the following section after section 1:

“Application - this Act and Maritime Area Planning Act 2021

1A. (1) In this section, ‘relevant Minister’ means the Minister of the Government who falls within paragraph (c) of section 1B of the Principal Act.

(2) Subject to subsection (3), the relevant Minister shall not, on or after the establishment day, perform a function under section 5(1), 6(1) or (4) or 7(1).

(3) Subsection (2) shall not apply to—

(a) an application made by the relevant Minister under section 5(1) or 6(1) before the establishment day but not finally determined before that day, or

(b) any proceedings initiated by the relevant Minister under section 6(4) or 7(1) before the establishment day but not concluded before that day.

(4) Except where subsection (3) applies, references to the appropriate Minister in section 5(1), 6(1) or (4) or 7(1) shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the Maritime Area Regulatory Authority.

(5) In this section, ‘establishment day’ means the day appointed under section 41 of the Maritime Area Planning Act 2021.”.

185. Amendment of section 5 of Act of 1992

185. Section 5(1)(a) of the Act of 1992 is amended by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”.

186. Amendment of section 6 of Act of 1992

186. Section 6 of the Act of 1992 is amended—

(a) in subsections (1)(a)(i) and (4)(a)(i) and (b), by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(b) in subsection (4)(b)—

(i) by the substitution of “appropriate Minister” for “Minister for the Environment, Heritage and Local Government”, and

(ii) by the substitution of “appropriate Minister” for “that Minister”.

Chapter 4

187. Definition - Chapter 4

187. In this Chapter, “Act of 1999” means the Electricity Regulation Act 1999.

188. Amendment of section 2 of Act of 1999

188. Section 2(1) of the Act of 1999 is amended—

(a) in the definition of “transmission”, by the insertion of “in the State or offshore, or both,” after “transmission system”, and

(b) by the insertion of the following definition:

“ ‘offshore’ has the meaning assigned to it by section 13A;”.

189. Amendment of section 14 of Act of 1999

189. Section 14 of the Act of 1999 is amended by the insertion of the following subsection after subsection (2A):

“(2AA) A licence under paragraph (e) of subsection (1) shall provide for the ownership, by the transmission system operator concerned, of transmission assets for the following purposes:

(a) the development or proposed development of a transmission system which is offshore;

(b) the extension or proposed extension of an existing transmission system to a transmission system referred to in paragraph (a) ;

(c) facilities that are not offshore but that relate, or will relate, to connecting a transmission system (or part thereof) referred to in paragraph (a) to an existing transmission system;

(d) any transmission assets as may be determined by the Commission as assets of the transmission system operator.”.

190. Amendment of section 37 of Act of 1999

190. Section 37(4) of the Act of 1999 is amended—

(a) in paragraph (a), by the insertion of “section 34(1A) or (1B) or” after “constructed under”,

(b) by the insertion of the following paragraph after paragraph (a):

“(aa) Where there is a connection made between a direct line constructed under section 34(1A) and the transmission system of the transmission system operator, the Commission shall, on the application of the transmission system operator, direct the owner of such direct line to transfer the ownership of the direct line to the transmission system operator on such terms, including terms as to compensation, as may be agreed between the transmission system operator and the owner of the direct line or as may be determined by the Commission.”,

and

(c) by the substitution of the following paragraph for paragraph (b):

“(b) In default of agreement between the Board, or the transmission system operator, and the owner as to compensation (and save where such compensation is determined by the Commission under paragraph (aa)), such compensation shall be assessed under the provisions of the Acquisition of Land (Assessment of Compensation) Act 1919, and for this purpose the Board, or the transmission system operator, as appropriate, shall be deemed to be a public authority.”.