IE-2021-act-50 — Maritime Area Planning Act 2021 | Law Reform

PART 1 Preliminary and General 1. (1) This Act may be cited as the Maritime Area Planning Act 2021. (2) The Foreshore Acts 1933 to 2014 and Chapters 1 and 3 of Part 9 may be cited together as the Foreshore Acts 1933 to 2021 and shall be construed together as one. (3) The Electricity Regulation Acts 1999 to 2002 and Chapter 4 of Part 9 may be cited together as the Electricity Regulation Acts 1999 to 2021 and shall be construed together as one. (4) The Planning and Development Acts 2000 to 2020, Part 8 and Schedules 10 to 12 may be cited together as the Planning and Development Acts 2000 to 2021 and shall be construed together as one. (5) Subject to subsection (6) , this Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. (6) Chapters 1 and 3 of Part 9 shall come into operation on the establishment day. 2. (1) In this Act— “Act of 1933” means the Foreshore Act 1933 ; “Act of 1963” means the Companies Act 1963 ; “Act of 2000” means the Planning and Development Act 2000 ; “Act of 2001” means the Local Government Act 2001 ; “Act of 2014” means the Companies Act 2014 ; “Act of 2018” means the Planning and Development (Amendment) Act 2018 ; “Act of 2021” means the Maritime Jurisdiction Act 2021 ; F1 [ "Act of 2024’" means the Planning and Development Act 2024; ] “applicant”, in relation to an application under this Act, means the person who made the application; “appropriate assessment” shall be construed in accordance with, as appropriate— (a) section 177V of the Act of 2000, or (b) Part 5 of the European Communities (Birds and Natural Habitats) Regulations ( S.I. No. 477 of 2011 ); “authorised officer” means a person appointed under section 137 (1) to be an authorised officer; “Birds Directive” has the meaning assigned to it by the F2 [ Act of 2024 ] ; “Board (P)” means An Bord Pleanála; “coastal planning authority” means the planning authority (within the meaning of F2 [ section 2 of the Act of 2024 ] ) for any of the following: (a) the county of Louth, Meath, Fingal, Dun Laoghaire-Rathdown, Wicklow, Wexford, Carlow, Kilkenny, Tipperary, Cork, Kerry, Clare, Galway, Mayo, Sligo, Leitrim or Donegal; (b) the City of Dublin, Cork or Galway; (c) Waterford City and County or Limerick City and County; “company” means— (a) a company formed and registered under the Act of 2014, or (b) an existing company; “continental shelf” shall be construed in accordance with the Act of 2021; “Convention” has the meaning assigned to it by the Act of 2021; “CPA” means coastal planning authority; “designated maritime area plan” shall be construed in accordance with section 20 (1) ; “development” means development (other than exempted development within the meaning of the Act of 2000) within the meaning of Part XXI of the Act of 2000; “development permission”, in relation to any maritime usage which, if undertaken, would be development, means any permission (including any alteration thereto), within the meaning of section 2 of the Act of 2000, required under that Act in order for the undertaking of such usage to be lawful; “DMAP” means designated maritime area plan; “enactment” has the meaning assigned to it by the Interpretation Act 2005 ; “environmental impact assessment” has the meaning given to it by the Act of 2000; “Environmental Impact Assessment Directive” has the meaning assigned to it by the Act of 2000; “establishment day” means the day appointed under section 41 ; “existing company” has the meaning assigned to it by section 2 of the Act of 2014; “existing NMPF” means the marine spatial plans within the meaning of Part 5 of the Act of 2018 and known collectively, under that Part, as the National Marine Planning Framework; “foreshore” has the meaning assigned to it by the Act of 1933; “foreshore authorisation” means an authorisation (howsoever described) granted (or otherwise given) under section 2, 3, 10 or 13 of the Act of 1933 by the appropriate Minister, within the meaning of section 1B of that Act, who falls within paragraph (c) of such section 1B; “functional area”, in relation to a CPA, has the meaning assigned to it by the Act of 2000; “General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC2; “Habitats Directive” has the meaning assigned to it by the F2 [ Act of 2024 ] ; “indemnity” includes, in addition to a contract of indemnity— (a) a contract of insurance, (b) a guarantee, (c) a surety, (d) a warranty, (e) a bond, or (f) a financial security prescribed, with the consent of the Minister for Public Expenditure and Reform, for the purposes of this paragraph; “levy” means a levy referred to in Chapter 7 of Part 4 ; “infrastructure” means any facility, structure or installation (or any part thereof) situated in the maritime area, and references in this Act to “proposed maritime usage” shall be construed to include any related proposed infrastructure; “licence” means a licence granted under section 119 (1)(a) ; “licence application” means an application under section 117 (1) ; “local authority” has the meaning assigned to it by the Act of 2001; “MAC” means maritime area consent; “MAC application” means an application under section 79 (1) ; “MARA” shall be construed in accordance with section 42 (1) ; “marine planning policy statement” shall be construed in accordance with section 6 (1) ; “maritime area” shall be construed in accordance with section 3 ; “maritime area consent” means consent under section 81 (1)(a) ; “maritime spatial plan” shall be construed in accordance with section 16 (1) ; “Maritime Spatial Planning Directive” means Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 2 establishing a framework for maritime spatial planning (the text of which is set out, in the English language and for ease of reference, in Schedule 1 ); “maritime usage”, in relation to the maritime area, means any activity, operation, works or development undertaken in that area for any purpose (including conservation), and includes— (a) the construction or use, or both, of any infrastructure in that area associated with, or otherwise supporting, the activity, operation, works or development, and (b) the maintenance of such infrastructure, and references in this Act to “proposed maritime usage” shall be construed accordingly; “material change of circumstances” shall be construed in accordance with section 136 ; “Minister” means the Minister for Housing, Local Government and Heritage; “MSP” means maritime spatial plan; “MSP Directive” means the Maritime Spatial Planning Directive; “National Marine Planning Framework” means the following: (a) the existing NMPF— (i) as in force immediately before the coming into operation of Chapter 2 of Part 2 , and (ii) until it is replaced by the first MSP; (b) each MSP for the time being in force; (c) each DMAP for the time being in force; “national newspaper” means a newspaper published and circulating generally in the State, whether in hard copy or electronic copy, or both; “National Planning Framework” means the National Planning Framework referred to in F2 [ Chapter 2 of Part 3 of the Act of 2024 ] ; “nearshore area”, in relation to a CPA, shall be construed in accordance with section 5 ; “obligations” includes liabilities; “Order 84” means Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ); “personal data” has the meaning it has in the General Data Protection Regulation; “powers” includes rights; “prescribed” means prescribed by regulations made by the Minister under this Act; “public body” means— (a) a Minister of the Government, (b) a local authority, (c) a body (other than a company) established by or under an enactment, (d) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— (i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or (ii) the issue of shares held by or on behalf of a Minister of the Government; “record” includes— (a) a book or other written or printed material in any form (including in any electronic device or in machine readable form), (b) a map, plan or drawing, (c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device, (d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and (e) a copy or part of any thing which falls within paragraph (a) , (b) , (c) or (d) , and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record; “screening for appropriate assessment” shall be construed in accordance with, as appropriate— (a) section 177U of the Act of 2000, or (b) Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ); “sea” includes— (a) an area which is submerged at high water of ordinary or medium tides, (b) an estuary or arm of the sea, and (c) the tidal waters of a channel, creek, bay, river, canal, waterway or other watercourse; “seabed” means land under sea, and includes silts or other deposits lying on the land; “specified” — (a) in relation to a form, means specified under section 72 , and (b) in relation to a fee, means specified in regulations made under section 78 or 116 , as appropriate; “strategic environmental assessment” has the meaning assigned to it by F2 [ section 2 of the Act of 2024 ] ; “submissions” include observations; “water” includes the water of rivers, streams, canals, waterways, ponds, lakes or any other form of watercourse or body of water or sea. (2) A reference in this Act to an enactment (including this Act) includes a statutory instrument made under the enactment. (3) A reference in this Act to a MAC includes— (a) the maritime usage the subject of the MAC, (b) the conditions attached, or deemed to be attached, to the MAC by virtue of section 82 , and (c) the rehabilitation schedule within the meaning of Chapter 8 of Part 4 . (4) A reference in this Act to a licence includes— (a) the Schedule 7 usage (within the meaning of section 110 ) the subject of the licence, and (b) the conditions attached, or deemed to be attached, to the licence by virtue of section 120 . (5) (a) A reference in this Act to a MAC for a maritime usage (howsoever expressed) shall be construed as a reference to the occupation of a specified part of the maritime area for the purposes of such usage. (b) A reference in this Act for a licence for a maritime usage (howsoever expressed) shall be construed as a reference to the occupation of a specified part of the maritime area for the purposes of such usage. 3. F4 [ (1) ] Subject to section 14 , this Act applies to that area of the State (in this Act referred to as the “maritime area”) extending from the high water of ordinary or medium tides of the sea to the outer limit of the continental shelf, and includes— (a) the sea and tidal areas of internal waters of the State as construed in accordance with the Act of 2021, (b) the territorial seas of the State as construed in accordance with the Act of 2021, (c) the exclusive economic zone as construed in accordance with the Act of 2021, and (d) the continental shelf F5 [ as construed in accordance with the Act of 2021 ] . F6 [ (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. ] 4. Effect or further effect, as the case may be, is given to by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act: Table Item No. (1) Item No. (1) Directive (2) Directive (2) 1. 1. Habitats Directive. Habitats Directive. 2. 2. Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 3 on the assessment of the effects of certain plans and programmes on the environment. Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 3 on the assessment of the effects of certain plans and programmes on the environment. 3. 3. Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 4 on public access to environmental information and repealing Council Directive 90/313/EC. Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 4 on public access to environmental information and repealing Council Directive 90/313/EC. 4. 4. Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 5 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 Directives 85/337/EEC and 96/61/EC. Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 5 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 Directives 85/337/EEC and 96/61/EC. 5. 5. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 6 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 6 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017. 6. 6. Birds Directive. Birds Directive. 7. 7. Environmental Impact Assessment Directive. Environmental Impact Assessment Directive. 8. 8. Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 7 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 7 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. 9. 9. MSP Directive. MSP Directive. 5. (1) Subject to subsection (2) , where a part of the maritime area (which part is in this Act referred to as the “nearshore area”) meets all of the following requirements, that part shall, for the purposes of this Act, in so far as this Act relates to nearshore areas and CPAs, be the nearshore area of the CPA referred to in paragraph (a)(i) as if the boundaries between the nearshore area of that CPA and the adjoining nearshore area of another CPA were equidistant between the two of them as taken from the high water mark: (a) the part is contiguous to either or both of the following: (i) the functional area of a CPA; (ii) reclaimed land adjoining such functional area that does not form part of the functional area of another local authority; (b) the part is below the line of high water (in this section referred to as the “high water mark”) of ordinary or medium tides of— (i) the sea, (ii) every tidal river and tidal estuary, and (iii) every channel, creek and bay of— (I) the sea, and (II) every tidal river and tidal estuary; (c) the part does not extend further than— (i) the prescribed distance from the nearest point of the high water mark, or (ii) if no such distance is prescribed for the time being, three nautical miles from the nearest point of the high water mark. (2) Subject to subsections (3) to (5) , the Minister may, by order, vary the nearshore area of a CPA. (3)(a) Subject to paragraph (b) , an order under subsection (2) shall specify the boundaries of the varied nearshore area, whether by reference to a map or otherwise. (b) Those boundaries shall— (i) have the high water mark as their baseline, and (ii) have their outer limit determined in accordance with subsection (4) . (4) The Minister, in exercising his or her power under subsection (2) in respect of the nearshore area and a CPA, shall, in so far as determining the boundaries of the varied nearshore area concerned, take into account the following: (a) the representations (if any) of the CPA given to the Minister pursuant to subsection (5)(a) ; (b) the representations of members of the public given to the Minister pursuant to subsection (5)(b) ; (c) the distance between the high water mark and the low water mark of the nearshore area; (d) the geography of the nearshore area, including islands, sandbars, sand spits, river mouths, bays and beaches; (e) practical matters relating to the boundaries of the CPA and the proposed boundaries of the varied nearshore area; (f) the practicability of the CPA effectively performing its functions under this Act in respect of the nearshore area as proposed to be varied. (5) Where the Minister proposes to make, amend or revoke an order under this section, he or she shall— (a) give a copy of the proposed order to the CPA concerned and invite the CPA to make representations in writing thereon to the Minister, not later than six weeks after the CPA is given that copy, at an address (which may be an electronic address) specified in the copy, and (b) publish, in not less than one national newspaper, a notice— (i) stating that the Minister proposes to make, amend or revoke an order under this section, (ii) stating that a copy of the proposed order may be inspected on a website of the Government, and (iii) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of such publication), at an address (which may be an electronic address) specified in the notice. 6. (1) Subject to subsection s (4) to (10) , the Minister shall from time to time prepare and publish in accordance with this section a statement (in this Act referred to as the “marine planning policy statement”) containing information setting out the principles and priorities of the Government in relation to maritime planning by the State in the maritime area for the period to which the statement relates. (2) Where the Minister proposes to prepare a marine planning policy statement, he or she shall lay a draft of the statement, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof if required, before each House of the Oireachtas, and shall not prepare the statement until a resolution approving of the draft has been passed by each such House. (3) The Minister shall, in the preparation of the marine planning policy statement, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2) . (4) The Minister shall ensure that the first marine planning policy statement is prepared and published in accordance with this section not later than F7 [ twelve months ] after the coming into operation of this section and relates to a period of not less than three years commencing on the date of the first publication of that statement. (5) The Minister shall, in preparing the marine planning policy statement, have regard to the following: (a) the National Planning Framework; (b) the National Marine Planning Framework; (c) obligations of the State under the Convention and the Act of 2021; (d) the MSP Directive; (e) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 8 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive); (f) the Habitats Directive; (g) the Birds Directive; (h) any current policy of the Government relating to maritime planning; (i) representations (if any) referred to in subsection (10) . (6) The Minister shall cause a copy of the marine planning policy statement to be laid before each House of the Oireachtas as soon as is practicable after the statement has been prepared. (7) The Minister shall— (a) publish, on a website of the Government, the marine planning policy statement as soon as is practicable after the statement has been prepared, and (b) otherwise publish or cause to be published, in such manner as he or she considers appropriate, that statement. (8) A public body shall have regard to the F7 [ marine planning ] policy statement when performing a function under this Act F8 [ , F9 [ the Act of 2000, or the Act of 2024, ] ] to which information, setting out the principles and priorities of the Government referred to in subsection (1) , contained in the statement is relevant. (9) The Minister may amend or revoke the F7 [ marine planning ] policy statement prepared under this section. (10) Where the Minister proposes to prepare the marine planning policy statement or amend or revoke it, he or she shall publish, in not less than one national newspaper, a notice— (a) stating that the Minister proposes to prepare, amend or revoke a marine planning policy statement, (b) stating that a copy of the proposed statement, amendment or revocation may be inspected on a website of the Government, and (c) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of publication), at an address (which may be an electronic address) specified in the notice. 7. (1) Subject to subsection (8) , the Minister may, at any time, prepare and issue marine planning guidelines to public bodies regarding any of their functions F12 [ under this Act, or functions under the Act of 2024 relating to the maritime area, ] and public bodies shall have regard to those guidelines in the performance of their respective functions. (2) Without prejudice to the generality of subsection (1) , and for the purposes of that subsection, a public body, in having regard to the guidelines issued by the Minister under that subsection, shall consider the policies and objectives of the Minister contained in the guidelines when performing a function F12 [ under this Act, or functions under the Act of 2024 relating to the maritime area, ] to which the guidelines relate. (3) Without prejudice to the generality of subsection (1) , guidelines under that subsection may contain specific marine planning policy requirements with which public bodies shall, in the performance of their respective functions F12 [ under this Act, or functions under the Act of 2024 relating to the maritime area, ] comply. (4) The Minister may amend or revoke guidelines issued under this section. (5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas as soon as is practicable after the guidelines have been prepared or, as appropriate, the amendment or revocation has been made. (6) A public body shall make available for inspection by members of the public any guidelines issued to it under this section. (7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section. (8) The Minister shall, in preparing guidelines under this section (including any amendment to such guidelines), have regard to the matters listed in section 6 (5)(a) to (i) . 8. (1) Subject to subsection (6) , the Minister may, from time to time, prepare and issue policy directives to public bodies regarding any of their functions under this Act and the public bodies shall comply with any such directives in the performance of their respective functions. (2) The Minister may amend or revoke a policy directive issued under this section. (3) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas. (4) A public body shall make available for inspection by members of the public any policy directive issued to it under this section. (5) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section. (6) The Minister shall, in preparing policy directives under this section (including amendments to such policy directives), have regard to the matters listed in section 6 (5)(a) to (i) . (7) Subsections (3) to (5) shall, with all necessary modifications, apply to an amendment made to, or a revocation of, a policy directive issued under this section as those subsections apply to a policy directive issued under this section. 9. (1) Subject to subsections (2) and (3) , Parts 4 and 5 and Part XXI of the Act of 2000, the Minister shall not exercise any power or control in relation to— (a) any particular MAC application, MAC, or enforcement matter relating to a particular MAC, with which the MARA is either involved or could be involved, or (b) any particular licence application, licence, or enforcement matter relating to a particular licence, with which the MARA is either involved or could be involved. (2) Subsection (1) shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 ( S.I. No. 339 of 2020 ) or transferred (whether before or after the coming into operation of this section) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 . (3) This section shall, with all necessary modifications, apply to a foreshore authorisation as it applies to a MAC or licence. 10. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Regulations made under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Every order under section 5 (2) F13 [ , 20 ] or 90 (1) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. 11. Any expenses incurred by the Minister or the MARA in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. 12. (1) Sections 6, 7, 8, 9 and 17 of the Act of 1933 are repealed. (2) Part XV of the Act of 2000 is repealed. (3) Part 5 of the Act of 2018 is repealed. (4) Each prohibitory order made under section 6 of the Act of 1933 is revoked. (5) Each prohibitory notice made under section 7 of the Act of 1933 is revoked. (6) (a) Notwithstanding subsection (2) , a permission granted under Part III of the Act of 2000 in relation to an application made— (i) pursuant to a requirement under section 225 of that Act, and (ii) before the commencement of that subsection, shall continue to have effect, and Part XV of the Act of 2000 shall continue to apply in relation thereto, as if that subsection had not been commenced. (b) Notwithstanding subsection (2) , Part XV of the Act of 2000 shall continue to apply in relation to an application for permission made under Part III of the Act of 2000— (i) pursuant to a requirement under section 225 of that Act, and (ii) before the commencement of that subsection, as if that subsection had not been commenced. (c) Notwithstanding subsection (2) — (i) an approval granted under section 226 of the Act of 2000 in relation to an application made thereunder before the commencement of that subsection shall continue to have effect, and Part XV of the Act of 2000 shall continue to apply in relation thereto, as if subsection (2) had not been commenced, and (ii) Part XV of the Act of 2000 shall continue to apply in relation to an application made before the commencement of that subsection for an approval under section 226 of the Act of 2000 as if subsection (2) had not been commenced. PART 2 Maritime Spatial Plans and Designated Maritime Area Plans – Chapter 1 Interpretation and application 13. (1) In this Part— “competent authority (D)” shall be construed in accordance with section 20 (1) ; “competent authority (M)” shall be construed in accordance with section 15 ; “protected site” means a site within (whether in whole or in part) the maritime area that is afforded some form of protection under another enactment; “relevant proposal” shall be construed in accordance with section 21 (1) . (2) Unless the context otherwise requires, a word or expression that is used in this Part and is also used in the MSP Directive has the same meaning in this Part as it has in that Directive. 14. (1) This Part shall not apply to an area outside the maritime area (in this section referred to as an “outside area”) unless it is expressly stated that this Part applies to the outside area concerned. (2) A public body performing any function under this Part shall, in the performance of that function, have regard to appropriate land-sea interactions with a view to promoting integration and coherence between any thing arising from such performance and any thing arising from the performance by a public body of a function under Part II of the Act of 2000 F14 [ or Part 3 of the Act of 2024 ] . (3) A public body performing any function under Part II of the Act of 2000 F14 [ or Part 3 of the Act of 2024 ] shall, in the performance of that function, have regard to appropriate land-sea interactions with a view to promoting integration and coherence between any thing arising from such performance and any thing arising from the performance by a public body of a function under this Part. (4) This Part shall not apply to maritime usages that relate solely to defence or national security. PART 2 Maritime Spatial Plans and Designated Maritime Area Plans – Chapter 2 Maritime spatial plans 15. The Minister shall be the competent authority (in this Part referred to as the “competent authority (M)”) for the purposes of the MSP Directive. 16. (1) The competent authority (M) shall, following the carrying out of a process of maritime spatial planning, prepare and publish on a website of the Government a plan (in this Act referred to as a “maritime spatial plan”) for the maritime area in accordance with this Part and the MSP Directive. (2) The objectives of a MSP shall be— (a) to analyse and organise maritime usages in the maritime area for the purpose of achieving ecological, economic and social priorities, (b) to establish a national strategy for the Government in relation to the strategic planning and sustainable maritime usages in the maritime area, (c) to apply an ecosystem based approach for the purpose of supporting proper planning and sustainable maritime usages in the maritime area, and (d) to promote the coexistence of different types of maritime usages in the maritime area. (3) The competent authority (M) may prepare— (a) one MSP for the whole of the maritime area, (b) different MSPs for different geographical or sectoral areas, or both, of the maritime area, or (c) a MSP referred to in paragraph (a) and different MSPs referred to in paragraph (b) . (4) The competent authority (M) shall, in the performance of his or her functions under this section— (a) give consideration to the matters specified in paragraph 1 of Article 5 of the MSP Directive, and (b) aim to contribute to the matters specified in paragraph 2 of Article 5 of the MSP Directive. (5) A MSP shall identify the matters specified in paragraph 1 of Article 8 of the MSP Directive and the competent authority shall, when making a MSP, ensure compliance with paragraph 2 of that Article. 17. (1) The competent authority (M) shall, for the purpose of marine spatial planning and the preparation of a MSP— (a) comply, or ensure compliance, with the requirements of paragraphs 1 and 2 of Article 6, and Articles 10, 11 and 12, of the MSP Directive, (b) take account of circumstances particular to the marine region to which the Convention for the Protection of the Marine Environment of the North-East Atlantic, done at Paris on 22 September 1992, applies, and (c) have regard to the obligations of the State under the Convention and the Act of 2021. (2) The Minister shall, not later than six years after the existing NMPF was first published, carry out a review thereof and, following the completion of the review, either— (a) prepare and publish, in accordance with this Part and the MSP Directive, a MSP to replace the existing NMPF, or (b) in circumstances where he or she decides not to prepare and publish such MSP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why he or she has made that decision and publish the statement on a website of the Government. (3) The Minister shall, not later than six years after a MSP (being a MSP for the time being in force) was first published, carry out a review thereof and, following the completion of the review, either— (a) prepare and publish, in accordance with this Part and the MSP Directive, a new MSP to replace the first-mentioned MSP, or (b) in circumstances where he or she decides not to prepare and publish such new MSP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why he or she has made that decision and publish the statement on a website of the Government. 18. (1) The competent authority (M) shall, as soon as is practicable after initiating a review referred to in section 17 (2) or (3) , as appropriate, and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish on a website of the Government a statement (in this section referred to as the “public participation statement (M)”) of the processes settled by the competent authority (M) in relation to the involvement of interested persons in the preparation of a relevant document. (2) The competent authority (M) shall take all reasonable steps to comply with the public participation statement (M). (3) The competent authority (M) shall keep the public participation statement (M) under review and, if the competent authority (M) considers it necessary or expedient to revise the statement and does so, the competent authority shall publish on a website of the Government the statement as so revised. (4) The Minister may by regulations specify requirements with which a public participation statement (M) shall comply, including requirements relating to any of the following: (a) appropriate time periods for public consultation; (b) arrangements for the publication of notices relating to relevant documents; (c) the contents of notices, including the following: (i) public consultation timeframes, including periods during which submissions may be made; (ii) information on how submissions received will be acknowledged, considered and published; (iii) information on the proposed methods of public participation; (d) specific arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section) in relation to MSPs that fall within section 16 (3)(a) , (b) or (c) ; (e) arrangements relating to the establishment of methods of public participation. (5) Where the Minister makes regulations under subsection (4) , 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: (a) compliance with the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1993; (b) compliance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 9 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 Directives 85/337/EEC and 96/61/EC - statement by the Commission; (c) compliance with Article 9 of the MSP Directive; (d) the opportunity to incorporate national and international good practices relating to public participation; (e) public participation in the process is inclusive; (f) the administrative burden on the competent authority (M) and participants is considered, making use, where possible, of existing public participation processes and methods; (g) that public participation is initiated at an early stage in and continued throughout the development of MSPs; (h) that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities; (i) that appropriate use is made of information technology; (j) particular requirements relating to MSPs that fall within section 16 (3)(a) , (b) or (c) . (6) For the purposes of assisting any committee of the Oireachtas to engage in the public participation the subject of this section, the Minister shall cause a copy of the public participation statement (M) (including any such statement as revised under subsection (3) ) to be laid before each House of the Oireachtas. (7) In this section, “relevant document” means— (a) a draft of a MSP that falls within section 16 (3)(a) , (b) or (c) , (b) a document specified in the public participation statement (M) as a document to which this paragraph applies, or (c) a document specified in regulations made under subsection (4) as a document to which this paragraph applies. 19. (1) This section shall not apply to a DMAP to which Chapter 4 applies. (2) Where the competent authority (M) proposes to make a MSP, he or she shall lay a draft of the MSP, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof, before each House of the Oireachtas, and shall not make the MSP until a resolution approving of the draft has been passed by each such House. (3) The competent authority (M) shall, in the making of a MSP, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2) . (4) The competent authority (M) shall cause a copy of a MSP to be laid before each House of the Oireachtas as soon as is practicable after the MSP has been made. PART 2 Maritime Spatial Plans and Designated Maritime Area Plans – Chapter 3 Designated maritime area plans 20. (1) Without prejudice to section 15 but subject to subsections (3) to (5) and (7) , the Minister may, F15 [ by order, ] designate one or more than one public body (other than a public body which falls within paragraph (d) of the definition of “public body”) to be a competent authority (in this Part referred to as a “competent authority (D)”) for the purposes of preparing and publishing on a website of the public body a maritime area plan (in this Act referred as a “designated maritime area plan”) in accordance with this Chapter and the MSP Directive and any such designation may be in respect of one or more than one of the following: (a) all or specified activities of a competent authority for the purposes of the MSP Directive; (b) acting as a coordinating body for some or all of the competent authorities for some of their activities; (c) one or more than one designated geographical or sectoral area, or both, of the maritime area. (2) A competent authority (D) shall be deemed to have all the functions necessary to perform functions for the purposes of the designation concerned. (3) Where the Minister F16 [ proposes to designate by order a public body ] as a competent authority (D) and the body is— (a) a Minister of the Government, or (b) any other public body that, in the opinion of the Minister, is a body directly or indirectly responsible to a Minister of the Government, then the Minister F16 [ shall not make the order ] without the consent of the Minister of the Government concerned. (4) Where the Minister proposes to F16 [ designate, by order, a ] public body as a competent authority then, without prejudice to subsection (3) where that subsection applies, the Minister shall consult with that body F16 [ before making the order ] . F16 [ (5) An order amending or revoking an order designating a public body as a competent authority (D) may provide for any matters ancillary or consequential to such amendment or revocation. ] (6) F17 [ … ] (7) Where the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6 , the Minister may designate F15 [ by order ] under this section, and with all necessary modifications to this section, a public body to perform any functions under this Act in relation to that DMAP that would, in the absence of F16 [ such order being made ] , otherwise have to be performed by the competent authority (M). 21. (1) Subject to subsection (2) , a competent authority (D) shall, as soon as is practicable after its designation under section 20 as such or where section 26 (1)(a) applies, prepare a proposal for a DMAP (in this Chapter referred to as the “relevant proposal”). (2) The relevant proposal shall specify— (a) the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of, (b) the geographical areas (including, at the discretion of the competent authority (D), alternatives thereto) of the maritime area proposed to be the subject of the DMAP, (c) the protected sites proposed to be taken into consideration during the preparation of the DMAP, (d) the maritime usages proposed to be the subject of the DMAP, (e) any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (d) , (f) the proposed evidence base of the DMAP, (g) the proposed statement referred to in section 23 (1) , (h) the existing DMAPs or existing maritime usages, or both, proposed to be taken into consideration during the preparation of the DMAP, (i) the timeframe within which it is reasonably expected that the DMAP will be prepared, and (j) any other matters to which it is proposed that the competent authority (D) have regard to in preparing the DMAP. (3) The competent authority (D) shall, as soon as is practicable after preparing the relevant proposal, submit the relevant proposal to the Minister for the Minister’s approval to the competent authority (D) preparing a draft DMAP based on such proposal. (4) Where the Minister receives a relevant proposal, he or she shall— (a) if satisfied that such proposal complies with all the requirements of this Part and the MSP Directive in so far as they relate to the proposal, approve the competent authority (D) preparing a draft DMAP based on such proposal, or (b) in any other case, giving a notice in writing to the competent authority (D) refusing to approve the competent authority (D) preparing a draft DMAP based on such proposal and stating the Minister’s reasons for the refusal. (5) The competent authority (D) shall, as soon as is practicable after it has been approved under subsection (4)(a) to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website. (6) Where the relevant proposal of a competent authority (D) is refused approval under subsection (4)(b) , the competent authority (D) may prepare a new relevant proposal to take account of the Minister’s reasons for such refusal and, in any such case, the other provisions of this section (including subsection (4)(b) ) shall apply accordingly. 22. (1) The competent authority (D) shall, as soon as is practicable after the competent authority (D) has been approved under section 21 (4)(a) to prepare a draft DMAP based on the relevant proposal concerned, prepare a draft DMAP consistent with— (a) subject to subsection (4) , such proposal, (b) the marine planning policy statement, (c) the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies), (d) guidelines issued under section 7 to the extent that the guidelines are relevant to the draft DMAP, and (e) policy directives issued under section 8 to the extent that the directives are relevant to the draft DMAP. (2) The draft DMAP shall specify— (a) the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of, (b) the geographical or sectoral areas, or both, of the maritime area proposed to be the subject of the DMAP, (c) the proposed extent of the maritime area (represented spatially or otherwise) proposed to be utilised by the maritime usages the subject of the DMAP, (d) particulars of the maritime usages referred to in paragraph (c) , (e) any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (c) , (f) any proposed colocation or coexistence of the maritime usages referred to in paragraph (c) , (g) any proposed measures to avoid or mitigate any adverse impact of the maritime usages referred to in paragraph (c) on protected sites, species or habitats, (h) any proposals to— (i) avoid or mitigate any potentially adverse effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c) , or (ii) benefit the environment or protected sites taking into account the potential effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c) , and (i) any proposals to avoid or mitigate any potentially adverse impact on other lawful users of the maritime area of the undertaking of one or more than one of the maritime usages referred to in paragraph (c) . (3) The competent authority (D) shall cause an appropriate assessment and a strategic environmental assessment to be carried out in relation to the draft DMAP. (4) The draft DMAP may be inconsistent with the relevant proposal if the Minister has given notice in writing to the competent authority (D) that the Minister has no objection to the inconsistency concerned. 23. (1) The competent authority (D) shall, as soon as is practicable after the relevant proposal has been approved under section 21 (4)(a) and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish on its website a statement (in this section referred to as the “public participation statement (D)”) of the processes settled by the competent authority (D) in relation to the involvement of interested persons in the preparation of a relevant document. (2) The competent authority (D) shall take all reasonable steps to comply with the public participation statement (D). (3) The competent authority (D) shall keep the public participation statement (D) under review and, if the competent authority (D) considers it necessary or expedient to revise the statement and does so, the competent authority (D) shall publish on its website the statement as so revised. (4) The Minister may by regulations specify requirements with which a public participation statement (D) shall comply, including requirements relating to any of the following: (a) appropriate time periods for public consultation; (b) arrangements for the publication of notices relating to relevant documents; (c) the contents of notices, including the following: (i) public consultation timeframes, including periods during which submissions may be made; (ii) information on how submissions received will be acknowledged, considered and published; (iii) information on the proposed methods of public participation; (d) specific arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section for different competent authorities (D)) in relation to DMAPs prepared by different competent authorities (D); (e) arrangements relating to the establishment of methods of public participation. (5) When the Minister makes regulations under subsection (4) , 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: (a) compliance with the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998; (b) compliance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 10 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 Directives 85/337/EEC and 96/61/EC - Statement by the Commission; (c) compliance with Article 9 of the MSP Directive; (d) the opportunity to incorporate national and international good practices relating to public participation; (e) public participation in the process is inclusive; (f) the administrative burden on the competent authority (D) and participants is considered, making use, where possible, of existing public participation processes and methods; (g) that public participation is initiated at an early stage in and continued throughout the development of DMAPs; (h) that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities; (i) that appropriate use is made of information technology; (j) particular requirements relating to DMAPs that are made by different competent authorities (D). (6) For the purposes of assisting any committee of the Oireachtas to engage in the public participation the subject of this section, a copy of the public participation statement (D) shall be laid before each House of the Oireachtas. (7) In this section, “relevant document” means— (a) a draft of a DMAP, (b) a document specified in the public participation statement (D) as a document to which this paragraph applies, or (c) a document specified in regulations made under subsection (4) as a document to which this paragraph applies. 24. (1) The competent authority (D) shall, as soon as is practicable after complying with sections 22 and 23 in relation to the draft DMAP, revise (if necessary) the draft to take into account any relevant considerations arising from the public consultation, appropriate assessment and strategic environmental assessment carried out, as required by those sections, in relation to the draft and submit the draft to the Minister. (2) The Minister shall review the draft DMAP to ascertain whether or not there are any inconsistencies between the plan and any of the following: (a) the MSP Directive; (b) the marine planning policy statement; (c) the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies); (d) guidelines issued under section 7 to the extent that the guidelines are relevant to the draft; (e) policy directives issued under section 8 to the extent that the directives are relevant to the draft. (3) Where the Minister ascertains an inconsistency referred to in subsection (2) , he or she shall— (a) make a recommendation in writing to the competent authority (D) to amend the draft DMAP to avoid or mitigate the inconsistency, or (b) give notice in writing to the competent authority (D) of the inconsistency and in that notice state that the draft DMAP does not need to be amended to avoid or mitigate the inconsistency, as the Minister thinks fit in all the circumstances of the case. (4) Where subsection (3)(a) applies, the competent authority (D) shall— (a) amend the draft DMAP in accordance with the recommendation concerned, (b) cause an appropriate assessment and strategic environmental assessment to be carried out in relation to the amendment to the draft DMAP, and (c) after paragraphs (a) and (b) have been complied with and, if necessary, revise the draft DMAP to ensure that section 33 is complied with. 25. (1) This section shall not apply to a DMAP to which Chapter 4 applies. (2) Where the competent authority (D) proposes to make a DMAP after section 24 has been complied with, a draft of the DMAP, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof, shall be laid before each House of the Oireachtas, and the competent authority (D) shall not make the DMAP until a resolution approving of the draft has been passed by each such House. (3) The competent authority (D) shall, in the making of a DMAP, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2) . (4) A copy of a DMAP made by the competent authority (D) shall be laid before each House of the Oireachtas as soon as is practicable after the DMAP has been made. 26. (1) Subject to subsection (2) , a competent authority (D) shall, not later than six years after a DMAP (being a DMAP for the time being in force) prepared by the competent authority (D) was first published, carry out a review thereof and, following the completion of the review, either— (a) prepare and publish, in accordance with this Part and the MSP Directive, a new DMAP to replace the first-mentioned DMAP, or (b) in circumstances where the competent authority (D) decides not to prepare and publish such new DMAP, as soon as is practicable after making that decision, prepare a statement setting out the reasons why the competent authority (D) has made that decision and publish the decision on its website. (2) (a) The Minister may issue a policy directive under section 8 requiring a competent authority (D) to review under subsection (1) a DMAP prepared by the competent authority (D) and to carry out such review in accordance with the provisions of the directive. (b) The competent authority the subject of a policy directive referred to in paragraph (a) shall comply with the directive. PART 2 Maritime Spatial Plans and Designated Maritime Area Plans – Chapter 4 Laying of certain DMAPs before CPAs 27. (1) This section applies to a DMAP that applies exclusively within the nearshore area of one or more than one CPA. (2) Where the relevant competent authority proposes to make a DMAP to which this section applies, the relevant competent authority (or, in the case of such competent authority which is a CPA, the chief executive of the CPA concerned or, if there are two or more CPAs concerned, the chief executives jointly of such CPAs) shall lay a draft of the DMAP before each CPA referred to in subsection (1) concerned and the relevant competent authority shall not make the DMAP until a resolution approving of the DMAP has been passed by each such CPA. (3) The relevant competent authority (other than in the case of such competent authority which is a CPA) shall, in the making of a DMAP, have regard to— (a) in the case of a draft of that DMAP laid before only one CPA in accordance with subsection (2) , any resolution, report or recommendation of the CPA in so far as such resolution, report or recommendation relates to the draft, or (b) in the case of a draft of that DMAP laid before two or more CPAs in accordance with subsection (2) , any joint resolution, report or recommendation of the CPAs in so far as such resolution, report or recommendation relates to the draft. (4) The relevant competent authority (not being a CPA) shall cause a copy of a DMAP made by the relevant competent authority to be laid before each CPA referred to in subsection (1) . (5) In this section, “relevant competent authority”, in relation to a DMAP, means the competent authority (M) or competent authority (D) who prepared the DMAP. PART 2 Maritime Spatial Plans and Designated Maritime Area Plans – Chapter 5 Amendment of MSPs and DMAPs 28. (1) Where the relevant competent authority wishes to make a material amendment to a relevant plan without replacing the plan, the relevant provisions shall, with all necessary modifications, apply to the preparation and making of the amendment as they apply to the preparation and making of a relevant plan. (2) Subject to subsection (3) , the Minister may by regulations specify classes of amendments to a relevant plan that are, for the purposes of this section, non-material amendments. (3) Where the Minister makes regulations under subsection (2) , he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the proposed classes of amendments referred to in that subsection: (a) that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential; (b) that the amendments which fall within that class should not cause any significant inconsistencies between the amendment concerned and any o