Planning and Development, Maritime and Valuation (Amendment) Act 2022

• (2) Where a report has been made to the Office of the Planning Regulator in accordance with section 31AN(3) of the Principal Act before the date of coming into operation of section 5 , section 31AN(4) of the Principal Act shall continue to apply in respect of the report on and after that date as if section 5 had not come into operation.

• (3) Where, before the coming into operation of section 5 , the Office of the Planning Regulator has recommended to the Minister under section 31AN(4) of the Principal Act that he or she issue a direction with or without minor amendments, section 31AN(4A) (inserted by section 5(c)) of the Principal Act shall apply in respect of the recommendation as if the words “no later than 6 weeks after receipt of the recommendation” were deleted therefrom.

• (4) The amendment of section 31AN(7) of the Principal Act effected by section 5(d) shall apply in respect of a report of an inspector where the inspector is appointed under section 31AN(4) of the Principal Act after the coming into operation of section 5 .

• (5) Where a report has been made to the Office of the Planning Regulator in accordance with section 31AP(3) of the Principal Act before the date of coming into operation of section 7 , section 31AP(4) of the Principal Act shall continue to apply in respect of the report on and after that date as if section 7 had not come into operation.

• (6) Where, before the coming into operation of section 7 , the Office of the Planning Regulator has recommended to the Minister under section 31AP(4) of the Principal Act that he or she issue a direction with or without minor amendments, section 31AP(4A) (inserted by section 7(c)) of the Principal Act shall apply in respect of the recommendation as if the words “no later than 6 weeks after receipt of the recommendation” were deleted therefrom.

• (7) The amendment of section 31AP(7) of the Principal Act effected by section 7(d) shall apply in respect of a report of an inspector where the inspector is appointed under section 31AP(4) of the Principal Act after the coming into operation of section 7 .

• (8) Subsections (12) and (12A) of section 34 of the Principal Act as amended by section 12 shall apply, in accordance with the amendments made to section 37 of that Act by section 13 , on and after the date of the coming into operation of section 13 , to the Board’s consideration of—

• (a) any appeal under section 37 of that Act made but not determined before that date, and

• (b) any appeal under section 37 of that Act made on or after that date, whether or not the decision of the planning authority under section 34 of that Act the subject of the appeal was made before that date.

• (9) Where a person has made an application under section 37L of the Principal Act before the date of the coming into operation of section 17 but the application has not been determined before that date, the application shall on and after that date be considered in accordance with section 37L of the Principal Act as if section 17 had not come into operation.

• (10) Where a notice is given under section 177B(1) of the Principal Act before the date of the coming into operation of section 40(a), section 177B shall continue to apply in respect of the notice on and after that date as if section 40(a) had not come into operation.

• (11) Where a person applied for leave to apply for substitute consent under section 177C of the Principal Act before the date of the coming into operation of section 40(b), but a decision on the application for leave was not made under section 177D before that date, the applicant shall be deemed to have withdrawn his or her application for leave to apply for substitute consent under section 177C and the Board shall return to the applicant any fee received from the applicant in respect of the application.

• (12) An application for substitute consent under section 177E of the Principal Act made before the date of the coming into operation of sections 26 to 40, or made on or after that date pursuant to leave to apply for substitute consent granted under section 177D before that date, shall on and after that date be considered in accordance with the Principal Act as if those sections had not come into operation.

PART 3 Maritime Area Planning

42. Definition - Part 3

42. In this Part, “Act of 2021” means the Maritime Area Planning Act 2021.

43. Amendment of section 3 of Act of 2021

43. Section 3 of the Act of 2021 is amended—

• (a) by renumbering the section as section 3(1), and

• (b) by the insertion of the following subsections after subsection (1):

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

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

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

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

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

44. Amendment of section 6 of Act of 2021

44. Section 6(8) of the Act of 2021 is amended by the insertion of “, or the Act of 2000,” after “this Act”.

45. Amendment of Part 2 of Act of 2021 - insertion of Chapter 8A

45. Part 2 of the Act of 2021 is amended by the insertion of the following Chapter after Chapter 8:

“Chapter 8A

Judicial review and MSPs and DMAPs

Judicial review of matters relating to MSPs and DMAPs

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

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

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

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

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

  • (a) the publication requirement of section 16(1), 17(2)(a) or (b), 17(3)(a) or (b), or 18(1) is complied with in respect of the public body’s decision,

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

  • (c) the publication requirement of section 29(1) is complied with, or

  • (d) the public body does the act concerned,

  as appropriate.

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

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

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

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

Provisions supplementary to section 33A

33B. (1) In this section—

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

‘section 33A leave’ means leave to apply for judicial review under Order 84 in respect of a decision or other act to which section 33A(2) applies.

• (2)

  • (a) An application for section 33A leave shall be made by motion ex parte and shall be grounded in the manner specified in Order 84 in respect of an ex parte motion for leave.

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

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

    • (i) to the public body concerned, and

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

  • (d) The Court may—

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

    • (ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances, treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.

• (3) The Court shall not grant section 33A leave unless it is satisfied that—

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

  • (b) (i) the applicant has a sufficient interest in the matter which is the subject of the application, or

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

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

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

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

• (5) If the court grants section 33A leave, no grounds shall be relied upon in the application for judicial review under Order 84 other than those determined by the Court to be substantial under subsection (3)(a).

• (6) The determination of the Court of an application for section 33A leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Court of Appeal in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

• (7) Subsection (6) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

• (8) If an application is made for judicial review under Order 84 in respect of part only of a decision or other act to which section 33A(2) applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the decision or other act or part of the decision or other act, and if the Court does so, it may make any consequential amendments to the remainder of the decision or other act or the part thereof that it considers appropriate.

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

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

  • (a) have jurisdiction to determine only the point of law certified by the Court under subsection (6) (and to make only such order in the proceedings as follows from such determination), and

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

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

46. Amendment of section 56 of Act of 2021

46. Section 56 of the Act of 2021 is amended—

• (a) in subsection (1), by the substitution of “Subject to subsection (9), the Board (M)” for “The Board (M)”, and

• (b) by the insertion after subsection (8) of the following subsection:

• “(9)

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

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

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

47. Amendment of section 75 of Act of 2021

47. Section 75 of the Act of 2021 is amended by the insertion of the following subsection after subsection (4):

• “(5) Where subsection (1) applies, the application for the development permission referred to in that subsection shall have attached to it the rehabilitation schedule (within the meaning of section 95) that would otherwise have been required to be attached to the MAC referred to in that subsection but for the operation of section 96(5).”.

48. Amendment of section 81 of Act of 2021

48. Section 81 of the Act of 2021 is amended—

• (a) by the substitution of the following subsection for subsection (5):

• “(5) Where section 75(1) applies, the grant of a MAC does not confer on the holder of the MAC any right in or over the part of the maritime area the subject of the MAC—

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

  • (b) unless and until the holder obtains all other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) required under any other enactment in order to enable the holder to undertake such usage.”,

and

• (b) in subsection (6), by the substitution of “right” for “estate, right or interest”.

49. Amendment of section 85 of Act of 2021

49. Section 85 of the Act of 2021 is amended—

• (a) in subsection (2), by the substitution of “Subject to subsection (2A), the proposed assignor” for “The proposed assignor”,

• (b) by the insertion of the following subsections after subsection (2):

• “(2A) Subject to subsections (2B) and (2C), the Minister may by regulations specify—

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

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

• (2B) Where the Minister makes regulations under subsection (2A), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the class of assignments concerned and the procedures and requirements that will apply to the applications concerned:

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

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

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

and

• (c) by the substitution of the following subsection for subsection (3):

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

  • (a) without the consent referred to in subsection (2), or

  • (b) otherwise than in compliance with regulations made under subsection (2A),

  shall be void.”.

50. Substitution of section 87 of Act of 2021

50. The Act of 2021 is amended by the substitution of the following section for section 87:

“Resolution of irreconciliation (if any) between MAC and development permission

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

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

51. Amendment of section 95 of Act of 2021

51. Section 95 of the Act of 2021 is amended—

• (a) in the definition of “rehabilitation schedule”, by the substitution of “attached” for “or (6) attached, or to be attached,”, and

• (b) by the insertion of the following definition:

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

52. Amendment of section 96 of Act of 2021

52. Section 96 of the Act of 2021 is amended by the deletion of subsection (6).

53. Amendment of section 97 of Act of 2021

53. Section 97 of the Act of 2021 is amended—

• (a) by the substitution of the following subsections for subsections (1) and (2):

• “(1) Subject to subsection (4), this section applies where the MARA is of the opinion, subsequent to the grant of a MAC, or the grant of development permission for the maritime usage the subject of a MAC, as appropriate, but not earlier than the anniversary of that grant specified in the MAC for the purposes of this section, that due to—

  • (a) technological developments relating to the rehabilitation of marine environments,

  • (b) changes in what is accepted as best practice relating to the rehabilitation of marine environments,

  • (c) submissions or recommendations made to the MARA by interested parties, organisations and other bodies concerned with the rehabilitation of marine environments, or

  • (d) any combination of matters falling within any of paragraphs (a) to (c),

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

• (2) The MARA may, by notice in writing given to the holder of a MAC to which a rehabilitation schedule is attached, require the holder to make an application under section 86(1), within the period specified in the notice (being a period reasonable in all the circumstances of the case), to amend or replace the rehabilitation schedule to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1) but excluding any case where to take account of those matters requires an environmental impact assessment (in this section referred to as the ‘exclusion (EIA)’).”,

and

• (b) by the insertion of the following subsections after subsection (3):

• “(3A) Subject to subsection (3E), the MARA may, by notice in writing given to the holder of a MAC to which a rehabilitation schedule is attached but to which subsection (2) does not apply by virtue of the exclusion (EIA), require the holder to make an application for development permission, within the period specified in the notice (being a period reasonable in all the circumstances of the case), to amend or replace the rehabilitation schedule to take account of the matters, specified in the notice, which have led the MARA to form the opinion referred to in subsection (1).

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

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

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

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

54. Amendment of section 131 of Act of 2021

54. Section 131(1) of the Act of 2021 is amended by the substitution of “point” for “question”.

55. Amendment of section 134 of Act of 2021

55. Section 134(1) of the Act of 2021 is amended—

• (a) in the definition of “MAC”, by the insertion of “revoked under Chapter 3A,” after “has been”,

• (b) in the definition of “licence”, by the insertion of “revoked under Chapter 3A,” after “has been”,

• (c) in the definition of “relevant ground”, in paragraph (d), by the deletion of “of the holder”, and

• (d) by the substitution of the following definition for the definition of “relevant provision”:

“ ‘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

• (c) this Act.”.

56. Amendment of section 135 of Act of 2021

56. Section 135 of the Act of 2021 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) Without prejudice to the generality of subsection (1), the MARA may, as it thinks fit in all the circumstances of the case—

  • (a) abandon proceedings initiated under Chapter 3 or 5 in respect of a matter in favour of initiating proceedings under Chapter 3A in respect of the same matter, or

  • (b) abandon proceedings initiated under Chapter 3A in respect of a matter in favour of initiating proceedings under Chapter 3 or 5 in respect of the same matter.”,

and

• (b) by the substitution of the following subsection for subsection (3):

• “(3) A revocation under Chapter 3A, a suspension under Chapter 4A, or a revocation or suspension under Chapter 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.”.

57. Amendment of section 136 of Act of 2021

57. Section 136 of the Act of 2021 is amended—

• (a) by the deletion of “of a holder”,

• (b) in paragraph (a), by the insertion of “concerned” after “of the holder”, and

• (c) in paragraph (b), by the insertion of “concerned” after “circumstances of the holder”.

58. Amendment of Part 6 of Act of 2021 - insertion of Chapter 3A

58. The Act of 2021 is amended, in Part 6, by the insertion of the following Chapter after Chapter 3:

“Chapter 3A

Special enforcement notices

Definitions

143A. In this Chapter, ‘special enforcement notice’ means a notice under section 143B(2).

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 of Chapter 3.

• (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 (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 to subsection (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 in paragraph (a), and

  • (c) had regard to the representations (if any) referred to in paragraph (b) made to the MARA.

• (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 to subsection (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 under subsection (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 under subsection (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 under section 143C confirming 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.

  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 in section 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 under section 143B(6).

• (2) The High Court may determine an application under subsection (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 under subsection (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 under subsection (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.

Rules of court

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

59. Amendment of heading to Chapter 4 of Part 6 of Act of 2021

59. The heading to Chapter 4 of Part 6 of the Act of 2021 is amended by the substitution of “Termination” for “Automatic termination”.

60. Insertion of new section in Act of 2021

60. The Act of 2021 is amended by the insertion of the following section after section 144:

“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 in section 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 under subsection (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;

  • (c) specifying a reasonable period, of at least 30 days, within which the breach must be remedied.

• (3) If the breach is not remedied within the period specified in the notice served under subsection (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 the Act of 2000 and shall not be construed to prejudice the application of the Act of 2000 in 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.”.

61. Amendment of Part 6 of Act of 2021 - substitution of Chapter heading

61. The Act of 2021 is amended, in Part 6, by the substitution of—

“Chapter 4A

Immediate suspension of relevant authorisation ”

for—

“Chapter 5

Immediate suspension of relevant authorisation, investigations and sanctions ”.

62. Amendment of section 145 of Act of 2021

62. Section 145(1) of the Act of 2021 is amended by the substitution of “, 3A or 5” for “or this Chapter”.

63. Amendment of Part 6 of Act of 2021 - insertion of new Chapter heading

63. The Act of 2021 is amended, in Part 6, by the insertion of the following Chapter heading after section 145:

“Chapter 5

Investigations and sanctions ”.

64. Amendment of heading to Chapter 6 of Part 6 of Act of 2021

64. The heading to Chapter 6 of Part 6 of the Act of 2021 is amended by the insertion of “3A,” after “Chapters”.

65. Amendment of section 154 of Act of 2021

65. Section 154(1) of the Act of 2021 is amended by the substitution of “revocation under Chapter 3A, termination under Chapter 4, or revocation under Chapter 5” for “termination or revocation of a relevant authorisation under Chapter 4 or 5”.

66. Amendment of section 155 of Act of 2021

66. Section 155 is amended by the insertion of “4A or” after “Chapter”.

67. Amendment of section 156 of Act of 2021

67. Section 156(1) of the Act of 2021 is amended by the insertion of “3A, 4A or” after “Chapter”.

68. Amendment of section 157 of Act of 2021

68. Section 157 of the Act of 2021 is amended by the substitution of “The revocation under Chapter 3A, the termination” for “The termination”.

69. Amendment of Part 6 of Act of 2021 - insertion of Chapter 8

69. The Act of 2021 is amended, in Part 6, by the insertion of the following Chapter after Chapter 7:

“Chapter 8

Civil remedies exercisable by holders of relevant authorisations

Rights of action

166A. (1) Subject to subsection (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 in subsection (1) are not exercisable against—

  • (a) the MARA,

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

  • (c) an authorised officer, or

  • (d) a member of the Garda Síochána,

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

70. Amendment of section 169 of Act of 2021

70. Section 169 of the Act of 2021 is amended—

• (a) by renumbering it as section 169(1), and

• (b) by the insertion of the following subsection after subsection (1):

• “(2) Interest shall be payable on an amount referred to in subsection (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.”.

71. Amendment of section 144 of Planning and Development Act 2000

71. Section 144(1A) of the Planning and Development Act 2000 is amended by the insertion the following paragraph after paragraph (cc):

• “(cd) the provision of an opinion or notification under section 287B,”.

72. Amendment of section 156 of Planning and Development Act 2000

72. Section 156(1) of the Planning and Development Act 2000 is amended by the substitution of “239, 247 or 287C” for “239 or 247”.

73. Amendment of Part XXI of Planning and Development Act 2000

73. Part XXI (inserted by section 171 of the Act of 2021) of the Planning and Development Act 2000, is amended—

• (a) by the insertion of the following section after section 279 but in Chapter 1 of that Part:

“Maritime Area Regulatory Authority is prescribed body

279A.The Maritime Area Regulatory Authority is, by virtue of this section, a prescribed body for the purposes of this Part and, accordingly, a reference in this Part to prescribed bodies shall include a reference to the Maritime Area Regulatory Authority.”,

• (b) by the insertion of the following sections after section 287:

“Application for opinion under section 287B

287A. (1) A prospective applicant who proposes to make an application under section 291 may, before making such an application, request a meeting with the Board for the purpose of section 287B as part of consultations referred to in section 287(1).

• (2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

  • (a) the name and address of the prospective applicant,

  • (b) a site location map sufficient to identify the maritime area in which the proposed development would be situated,

  • (c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

  • (d) a draft layout plan of the proposed development,

  • (e) a description of—

    • (i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and

    • (ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in subparagraph (i) in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

  • (f) an undertaking to provide with the proposed application either—

    • (i) two or more options in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,

    • (ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made or decided, or

    • (iii) a combination of subparagraphs (i) and (ii),

  • (g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and

  • (h) such other information as may be prescribed.

• (3) Where a prospective applicant submits a request in accordance with subsection (1), the Board shall convene a meeting for the purposes of this section.

• (4) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (3), including—

  • (a) matters that are required to be considered at the meeting,

  • (b) matters that may be considered at the meeting, and

  • (c) the manner in which the meeting is to be conducted.

  Opinion of Board as to flexibility with regard to application for permission

  287B. (1) The Board shall, as soon as practicable after a meeting convened under section 287A(3) takes place, consider—

  • (a) the information included in the request for the meeting under section 287A, and

  • (b) any other relevant information that is made available at the meeting,

  and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

• (2) Where the Board determines that it is satisfied in accordance with subsection (1), it shall provide an opinion to that effect to the prospective applicant.

• (3) Where the Board determines that it is not satisfied in accordance with subsection (1), it shall notify the prospective applicant to that effect.

• (4) An opinion under subsection (2) shall specify—

  • (a) the details, or groups of details, of the proposed development as proposed by the prospective applicant that may be confirmed after the proposed application has been made or decided;

  • (b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a) ;

  • (c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act or the Maritime Area Planning Act 2021, be accompanied by the information referred to in section 287A(2)(f).

• (5) A meeting held, and any opinion issued for the purposes of this section shall be part of consultations held under section 287.

• (6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 291.

• (7) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the Board providing an opinion under subsection (2), including the form of the opinion.

Offence of taking payment etc.

287C. A member or official of the Board who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion under section 287B commits an offence.”,

• (c) by the insertion of the following subsection after subsection 293(4):

• “(4A) Where the Board grants permission for a development on foot of an application in respect of which the Board has given an opinion under section 287B(2), the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

  • (a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and

  • (b) the applicant to notify the Board in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.”, and

• (d) by the insertion in section 306(2)(c) of “(including applications accompanied by an opinion under section 287B(2))” after “section 291”.

74. Amendment of Schedule 6 to Act of 2021

74. Schedule 6 to the Act of 2021 is amended—

• (a) in Part 1—

• (i) by the substitution of the following paragraph for paragraph 1:

• “(1) A condition requiring the holder of a MAC to provide an indemnity to the State for one or both of the following:

  • (a) a failure to comply with—

    • (i) a provision of the MAC,

    • (ii) a provision of this Act relevant to a MAC, or

    • (iii) a provision of one or more than one condition attached,

    or deemed to be attached, to the MAC, or

  • (b) any liability arising from the undertaking of the maritime usage the subject of the MAC.”,

• (ii) in paragraph 3, by the deletion of “change of circumstances that a reasonable person would consider might be a”,

• (iii) by the substitution of the following paragraph for paragraph 9:

“9. If a MAC is revoked under Chapter 3A of Part 6, terminated under Chapter 4 of that Part or revoked under Chapter 5 of that Part, a provision requiring the former holder of the MAC (and notwithstanding that revocation or termination) to comply, in relation to that MAC, with section 96—

• (a) as if the reference in section 96(1) to the expiration of a MAC were a reference to that revocation or termination, and

• (b) to the extent practicable in all the circumstances of the case.”,

• (iv) by the deletion of paragraphs 11 and 18, and

• (v) by the insertion of the following paragraphs after paragraph 22:

“22A. A condition requiring the holder of a MAC to comply with the enactments specified in the condition that are relevant to the maritime usage the subject of the MAC.

22B. A condition specifying the steps that must be taken by the holder of a MAC when force majeure or other change of circumstances prevents one or both of the following:

• (a) the holder from discharging (whether in whole or in part) an obligation of the holder under the MAC, this Act or the Act of 2000;

• (b) the MARA from discharging (whether in whole or in part) an obligation of the MARA under the MAC, this Act or the Act of 2000 where the obligation relates, whether in whole or in part or directly or indirectly, to the holder.

22C. A condition that the MARA considers necessary and appropriate in the particular circumstances of a particular holder of a MAC.”,

and

• (b) in Part 2, by the insertion of the following paragraphs after paragraph 24:

“24A. A condition requiring the holder of a MAC to comply with any development permission granted in respect of the maritime usage the subject of the MAC.

24B. A condition requiring the holder of a MAC to cooperate with and assist the MARA in—

• (a) the MARA’s performance of its functions under and in relation to the MAC, and

• (b) the MARA’s performance of its functions under this Act in so far as those functions relate to the MAC or to a class of MACs into which the MAC falls.”.

75. Amendment of Schedule 8 to Act of 2021

75. Schedule 8 to the Act of 2021 is amended—

• (a) by the substitution of the following paragraph for paragraph 1:

• “(1) A condition requiring the holder of a licence to provide an indemnity to the State for one or both of the following:

  • (a) a failure to comply with—

    • (i) a provision of the licence,

    • (ii) a provision of this Act relevant to the licence, or

    • (iii) a provision of one or more than one condition attached (or deemed to be attached) of the licence,

    or

  • (b) any liability arising from the undertaking of the maritime usage the subject of the licence.”,

• (b) in paragraph 3, by the deletion of “change of circumstances that a reasonable person would consider to be a”, and

• (c) by the insertion of the following paragraph after paragraph 17:

“17A. A condition that the MARA considers necessary and appropriate in the particular circumstances of a particular holder of a licence.”.

PART 4 Amendment of Valuation Act 2001 and Residential Tenancies and Valuation Act 2020

76. Amendment of section 21 of Valuation Act 2001

76. Section 21 of the Valuation Act 2001 is amended by the insertion of the following subsection after subsection (4):

• “(5) The Commissioner may, with the consent of the Minister, by order revoke a valuation order at any time before the issue, under subsection (1) of section 26, of a copy of a valuation certificate and notice referred to in that subsection, relating to the valuation order concerned.”.

77. Amendment of section 14 of Residential Tenancies and Valuation Act 2020

77. Section 14(1) of the Residential Tenancies and Valuation Act 2020 is amended—

• (a) by the substitution of “31 December 2026” for “31 December 2022”,

• (b) by the substitution of “in relation to a rating authority area” for “in relation to the rating authority area of Dún Laoghaire-Rathdown County Council”, and

• (c) by the substitution of “16 years” for “12 years”.