Maritime Area Planning Act 2021 (2021_act_50) | IE

ISB Act 2021-12-23

Schedule 1 Maritime Area Planning Act 2021 Open official source

SCHEDULE 1 Maritime Spatial Planning Directive

SCHEDULE 1

Maritime Spatial Planning Directive

Section 2

DIRECTIVE 2014/89/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 July 2014

establishing a framework for maritime spatial planning

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 100(2), 192(1), and 194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(11 OJ C 341, 21.11.2013, p. 67.),

1 OJ C 341, 21.11.2013, p. 67.

Having regard to the opinion of the Committee of the Regions(22 OJ C 356, 5.12.2013, p. 124.),

2 OJ C 356, 5.12.2013, p. 124.

Acting in accordance with the ordinary legislative procedure(33 Position of the European Parliament of 17 April 2014 (not yet published in the Official Journal) and decision of the Council of 23 July 2014.),

3 Position of the European Parliament of 17 April 2014 (not yet published in the Official Journal) and decision of the Council of 23 July 2014.

Whereas

(1) The high and rapidly increasing demand for maritime space for different purposes, such as installations for the production of energy from renewable sources, oil and gas exploration and exploitation, maritime shipping and fishing activities, ecosystem and biodiversity conservation, the extraction of raw materials, tourism, aquaculture installations and underwater cultural heritage, as well as the multiple pressures on coastal resources, require an integrated planning and management approach.

(2) Such an approach to ocean management and maritime governance has been developed in the Integrated Maritime Policy for the European Union (‘IMP’), including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council(44 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).). The objective of the IMP is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union’s sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies, whilst achieving good environmental status as set out in Directive 2008/56/EC.

4 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

(3) The IMP identifies maritime spatial planning as a cross-cutting policy tool enabling public authorities and stakeholders to apply a coordinated, integrated and trans-boundary approach. The application of an ecosystem-based approach will contribute to promoting the sustainable development and growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.

(4) Maritime spatial planning supports and facilitates the implementation of the Europe 2020 Strategy for smart, sustainable and inclusive growth (‘the Europe 2020 Strategy’), endorsed by the European Council in its conclusions of 17 June 2010, which aims to deliver high levels of employment, productivity and social cohesion, including promotion of a more competitive, resource-efficient and green economy. The coastal and maritime sectors have significant potential for sustainable growth and are keys to the implementation of the Europe 2020 Strategy.

(5) In its communication entitled ‘Blue Growth: opportunities for marine and maritime sustainable growth’, the Commission has identified a number of ongoing Union initiatives which are intended to implement the Europe 2020 Strategy, as well as a number of activities on which blue growth initiatives could focus in the future and which could be adequately supported by greater confidence and certainty for investors provided through maritime spatial planning.

(6) Regulation (EU) No 1255/2011 of the European Parliament and of the Council(55 Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy (OJ L 321, 5.12.2011, p. 1).) supported and facilitated the implementation of maritime spatial planning and integrated coastal management. European Structural and Investment Funds, including the European Maritime and Fisheries Fund(66 Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).), will provide opportunities to support the implementation of this Directive for 2014-2020.

5 Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy (OJ L 321, 5.12.2011, p. 1).

6 Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).

(7) The United Nations Convention on the Law of the Sea of 1982 (‘Unclos’) states in its preamble that issues relating to the use of ocean space are closely interrelated and need to be considered as a whole. Planning of ocean space is the logical advancement and structuring of obligations and of the use of rights granted under Unclos and a practical tool in assisting Member States to comply with their obligations.

(8) In order to promote the sustainable coexistence of uses and, where applicable, the appropriate apportionment of relevant uses in the maritime space, a framework should be put in place that consists at least of the establishment and implementation by Member States of maritime spatial planning, resulting in plans.

(9) Maritime spatial planning will contribute to the effective management of marine activities and the sustainable use of marine and coastal resources, by creating a framework for consistent, transparent, sustainable and evidence-based decision-making. In order to achieve its objectives, this Directive should lay down obligations to establish a maritime planning process, resulting in a maritime spatial plan or plans; such a planning process should take into account land-sea interactions and promote cooperation among Member States. Without prejudice to the existing Union acquis in the areas of energy, transport, fisheries and the environment, this Directive should not impose any other new obligations, notably in relation to the concrete choices of the Member States about how to pursue the sectoral policies in those areas, but should rather aim to contribute to those policies through the planning process.

(10) In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning should be defined in conformity with existing legislative instruments of the Union and international maritime law, in particular Unclos. The competences of Member States relating to maritime boundaries and jurisdiction are not altered by this Directive.

(11) While it is appropriate for the Union to provide a framework for maritime spatial planning, Member States remain responsible and competent for designing and determining, within their marine waters, the format and content of such plans, including institutional arrangements and, where applicable, any apportionment of maritime space to different activities and uses respectively.

(12) In order to respect proportionality and subsidiarity, as well as to minimise additional administrative burdens, the transposition and implementation of this Directive should to the greatest extent possible build upon existing national, regional and local rules and mechanisms, including those set out in Recommendation 2002/413/EC of the European Parliament and of the Council(77 Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe (OJ L 148, 6.6.2002, p. 24).) or in Council Decision 2010/631/EU(88 Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (OJ L 279, 23.10.2010, p. 1).).

7 Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe (OJ L 148, 6.6.2002, p. 24).

8 Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (OJ L 279, 23.10.2010, p. 1).

(13) In marine waters, ecosystems and marine resources are subject to significant pressures. Human activities, but also climate change effects, natural hazards and shoreline dynamics such as erosion and accretion, can have severe impacts on coastal economic development and growth, as well as on marine ecosystems, leading to deterioration of environmental status, loss of biodiversity and degradation of ecosystem services. Due regard should be had to these various pressures in the establishment of maritime spatial plans. Moreover, healthy marine ecosystems and their multiple services, if integrated in planning decisions, can deliver substantial benefits in terms of food production, recreation and tourism, climate change mitigation and adaptation, shoreline dynamics control and disaster prevention.

(14) In order to promote the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources, maritime spatial planning should apply an ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC with the aim of ensuring that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while contributing to the sustainable use of marine goods and services by present and future generations. In addition, an ecosystem-based approach should be applied in a way that is adapted to the specific ecosystems and other specificities of the different marine regions and that takes into consideration the ongoing work in the Regional Sea Conventions, building on existing knowledge and experience. The approach will also allow for an adaptive management which ensures refinement and further development as experience and knowledge increase, taking into account the availability of data and information at sea basin level to implement that approach. Member States should take into account the precautionary principle and the principle that preventive action should be taken, as laid down in Article 191(2) of the Treaty on the Functioning of the European Union.

(15) Maritime spatial planning will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the Council(99 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).), Council Regulation (EC) No 2371/2002(1010 Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).), Directive 2009/147/EC of the European Parliament and of the Council(1111 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).), Council Directive 92/43/EEC(1212 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).), Decision No 884/2004/EC of the European Parliament and of the Council(1313 Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (OJ L 167, 30.4.2004, p. 1).), Directive 2000/60/EC of the European Parliament and of the Council(1414 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).), Directive 2008/56/EC, recalling the Commission communication of 3 May 2011 entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’, the Commission communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe’, the Commission communication of 16 April 2013 entitled ‘An EU Strategy on Adaptation to Climate Change’ and the Commission communication of 21 January 2009 entitled ‘Strategic goals and recommendations for the EU’s maritime transport policy until 2018’, as well as, where appropriate, those of the Union’s Regional Policy, including the sea-basin and macro-regional strategies.

9 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).

10 Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

11 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

12 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

13 Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (OJ L 167, 30.4.2004, p. 1).

14 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(16) Marine and coastal activities are often closely interrelated. In order to promote the sustainable use of maritime space, maritime spatial planning should take into account land-sea interactions. For this reason, maritime spatial planning can play a very useful role in determining orientations related to sustainable and integrated management of human activities at sea, preservation of the living environment, the fragility of coastal ecosystems, erosion and social and economic factors. Maritime spatial planning should aim to integrate the maritime dimension of some coastal uses or activities and their impacts and ultimately allow an integrated and strategic vision.

(17) This framework Directive does not interfere with Member States’ competence for town and country planning, including any terrestrial or land spatial planning system used to plan how land and coastal zone should be used. If Member States apply terrestrial planning to coastal waters or parts thereof, this Directive should not apply to those waters.

(18) Maritime spatial planning should cover the full cycle of problem and opportunity identification, information collection, planning, decision-making, implementation, revision or updating, and the monitoring of implementation, and should have due regard to land-sea interactions and best available knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Commission Decision 2010/477/EU(1515 Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters (OJ L 232, 2.9.2010, p. 14).) and the Commission’s Marine Knowledge 2020 initiative.

15 Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters (OJ L 232, 2.9.2010, p. 14).

(19) The main purpose of maritime spatial planning is to promote sustainable development and to identify the utilisation of maritime space for different sea uses as well as to manage spatial uses and conflicts in marine areas. Maritime spatial planning also aims at identifying and encouraging multi-purpose uses, in accordance with the relevant national policies and legislation. In order to achieve that purpose, Member States need at least to ensure that the planning process or processes result in a comprehensive planning identifying the different uses of maritime space and taking into consideration long-term changes due to climate change.

(20) Member States should consult and coordinate their plans with the relevant Member States and should cooperate with third-country authorities in the marine region concerned in conformity with the rights and obligations of those Member States and of the third countries concerned under Union and international law. Effective cross-border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State be identified. Member States therefore need to designate the competent authority or authorities responsible for the implementation of this Directive. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive the form which those cooperation mechanisms should take.

(21) The management of marine areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to promote sustainable development in an effective manner, it is essential that stakeholders, authorities and the public be consulted at an appropriate stage in the preparation of maritime spatial plans under this Directive, in accordance with relevant Union legislation. A good example of public consultation provisions can be found in Article 2(2) of Directive 2003/35/EC of the European Parliament and of the Council(1616 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 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 (OJ L 156, 25.6.2003, p. 17).).

16 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 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 (OJ L 156, 25.6.2003, p. 17).

(22) Through maritime spatial plans, Member States can reduce the administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans should therefore, where possible, be coherent with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires the share of energy from renewable sources in gross final consumption of energy in 2020 to be at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning, as an important contribution to the achievement of the Union’s targets for energy from renewable sources; Directive 2008/56/EC and point 6 of Part A of the Annex to Decision 2010/477/EU, which require Member States to take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Decision No 884/2004/EC, which requires that the trans-European transport network be established by 2020 by means of the integration of Europe’s land, sea and air transport infrastructure networks.

(23) Directive 2001/42/EC of the European Parliament and of the Council(1717 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).) establishes environmental assessment as an important tool for integrating environmental considerations into the preparation and adoption of plans and programmes. Where maritime spatial plans are likely to have significant effects on the environment, they are subject to Directive 2001/42/EC. Where maritime spatial plans include Natura 2000 sites, such an environmental assessment can be combined with the requirements of Article 6 of Directive 92/43/EEC, to avoid duplication.

17 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).

(24) With a view to ensuring that maritime spatial plans are based on reliable data and to avoid additional administrative burdens, it is essential that Member States make use of the best available data and information by encouraging the relevant stakeholders to share information and by making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative and Directive 2007/2/EC of the European Parliament and of the Council(1818 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).).

18 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(25) Member States should send copies of their maritime spatial plans and any updates to the Commission, so as to enable the latter to monitor the implementation of this Directive. The Commission will use the information provided by the Member States, and existing information available under Union legislation, to keep the European Parliament and the Council informed of progress made in implementing this Directive.

(26) Timely transposition of this Directive is essential since the Union has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support and complement.

(27) A landlocked Member State would be under a disproportionate and unnecessary obligation if it had to transpose and implement this Directive. Therefore, such Member States should be exempted from the obligation to transpose and implement this Directive,

HAVE ADOPTED THIS DIRECTIVE

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1. This Directive establishes a framework for maritime spatial planning aimed at promoting the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources.

2. Within the Integrated Maritime Policy of the Union, that framework provides for the establishment and implementation by Member States of maritime spatial planning, with the aim of contributing to the objectives specified in Article 5, taking into account land-sea interactions and enhanced cross-border cooperation, in accordance with relevant Unclos provisions.

Article 2

Scope

1. This Directive shall apply to marine waters of Member States, without prejudice to other Union legislation. It shall not apply to coastal waters or parts thereof falling under a Member State’s town and country planning, provided that this is communicated in its maritime spatial plans.

2. This Directive shall not apply to activities the sole purpose of which is defence or national security.

3. This Directive shall not interfere with Member States’ competence to design and determine, within their marine waters, the extent and coverage of their maritime spatial plans. It shall not apply to town and country planning.

4. This Directive shall not affect the sovereign rights and jurisdiction of Member States over marine waters which derive from relevant international law, particularly Unclos. In particular, the application of this Directive shall not influence the delineation and delimitation of maritime boundaries by the Member States in accordance with the relevant provisions of Unclos.

Article 3

Definitions

For the purposes of this Directive, the following definitions apply

(1) ‘Integrated Maritime Policy’ (IMP) means a Union policy whose aim is to foster coordinated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of Member States, and notably the coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation;

(2) ‘maritime spatial planning’ means a process by which the relevant Member State’s authorities analyse and organise human activities in marine areas to achieve ecological, economic and social objectives;

(3) ‘marine region’ means the marine region referred to in Article 4 of Directive 2008/56/EC;

(4) ‘marine waters’ means the waters, the seabed and subsoil as defined in point (1)(a) of Article 3 of Directive 2008/56/EC and coastal waters as defined in point 7 of Article 2 of Directive 2000/60/EC and their seabed and their subsoil.

CHAPTER II

MARITIME SPATIAL PLANNING

Article 4

Establishment and implementation of maritime spatial planning

1. Each Member State shall establish and implement maritime spatial planning.

2. In doing so, Member States shall take into account land-sea interactions.

3. The resulting plan or plans shall be developed and produced in accordance with the institutional and governance levels determined by Member States. This Directive shall not interfere with Member States’ competence to design and determine the format and content of that plan or those plans.

4. Maritime spatial planning shall aim to contribute to the objectives listed in Article 5 and fulfil the requirements laid down in Articles 6 and 8.

5. When establishing maritime spatial planning, Member States shall have due regard to the particularities of the marine regions, relevant existing and future activities and uses and their impacts on the environment, as well as to natural resources, and shall also take into account land-sea interactions.

6. Member States may include or build on existing national policies, regulations or mechanisms that have been or are being established before the entry into force of this Directive, provided they are in conformity with the requirements of this Directive.

Article 5

Objectives of maritime spatial planning

1. When establishing and implementing maritime spatial planning, Member States shall consider economic, social and environmental aspects to support sustainable development and growth in the maritime sector, applying an ecosystem-based approach, and to promote the coexistence of relevant activities and uses.

2. Through their maritime spatial plans, Member States shall aim to contribute to the sustainable development of energy sectors at sea, of maritime transport, and of the fisheries and aquaculture sectors, and to the preservation, protection and improvement of the environment, including resilience to climate change impacts. In addition, Member States may pursue other objectives such as the promotion of sustainable tourism and the sustainable extraction of raw materials.

3. This Directive is without prejudice to the competence of Member States to determine how the different objectives are reflected and weighted in their maritime spatial plan or plans.

Article 6

Minimum requirements for maritime spatial planning

1. Member States shall establish procedural steps to contribute to the objectives listed in Article 5, taking into account relevant activities and uses in marine waters.

2. In doing so, Member States shall

(a) take into account land-sea interactions;

(b) take into account environmental, economic and social aspects, as well as safety aspects;

(c) aim to promote coherence between maritime spatial planning and the resulting plan or plans and other processes, such as integrated coastal management or equivalent formal or informal practices;

(d) ensure the involvement of stakeholders in accordance with Article 9;

(e) organise the use of the best available data in accordance with Article 10;

(f) ensure trans-boundary cooperation between Member States in accordance with Article 11;

(g) promote cooperation with third countries in accordance with Article 12.

3. Maritime spatial plans shall be reviewed by Member States as decided by them but at least every ten years.

Article 7

Land-sea interactions

1. In order to take into account land-sea interactions in accordance with Article 4(2), should this not form part of the maritime spatial planning process as such, Member States may use other formal or informal processes, such as integrated coastal management. The outcome shall be reflected by Member States in their maritime spatial plans.

2. Without prejudice to Article 2(3), Member States shall aim through maritime spatial planning to promote coherence of the resulting maritime spatial plan or plans with other relevant processes.

Article 8

Setting-up of maritime spatial plans

1. When establishing and implementing maritime spatial planning, Member States shall set up maritime spatial plans which identify the spatial and temporal distribution of relevant existing and future activities and uses in their marine waters, in order to contribute to the objectives set out in Article 5.

2. In doing so and in accordance with Article 2(3), Member States shall take into consideration relevant interactions of activities and uses. Without prejudice to Member States’ competences, possible activities and uses and interests may include

—aquaculture areas,

—fishing areas,

—installations and infrastructures for the exploration, exploitation and extraction of oil, of gas and other energy resources, of minerals and aggregates, and for the production of energy from renewable sources,

—maritime transport routes and traffic flows,

—military training areas,

—nature and species conservation sites and protected areas,

—raw material extraction areas,

—scientific research,

—submarine cable and pipeline routes,

—tourism,

—underwater cultural heritage.

Article 9

Public participation

1. Member States shall establish means of public participation by informing all interested parties and by consulting the relevant stakeholders and authorities, and the public concerned, at an early stage in the development of maritime spatial plans, in accordance with relevant provisions established in Union legislation.

2. Member States shall also ensure that the relevant stakeholders and authorities, and the public concerned, have access to the plans once they are finalised.

Article 10

Data use and sharing

1. Member States shall organise the use of the best available data, and decide how to organise the sharing of information, necessary for maritime spatial plans.

2. The data referred to in paragraph 1 may include, inter alia

(a) environmental, social and economic data collected in accordance with Union legislation pertaining to the activities referred to in Article 8;

(b) marine physical data about marine waters.

3. When implementing paragraph 1, Member States shall make use of relevant instruments and tools, including those already available under the IMP, and under other relevant Union policies, such as those mentioned in Directive 2007/2/EC.

Article 11

Cooperation among Member States

1. As part of the planning and management process, Member States bordering marine waters shall cooperate with the aim of ensuring that maritime spatial plans are coherent and coordinated across the marine region concerned. Such cooperation shall take into account, in particular, issues of a transnational nature.

2. The cooperation referred to in paragraph 1 shall be pursued through

(a) existing regional institutional cooperation structures such as Regional Sea Conventions; and/or

(b) networks or structures of Member States’ competent authorities; and/or

(c) any other method that meets the requirements of paragraph 1, for example in the context of sea-basin strategies.

Article 12

Cooperation with third countries

Member States shall endeavour, where possible, to cooperate with third countries on their actions with regard to maritime spatial planning in the relevant marine regions and in accordance with international law and conventions, such as by using existing international forums or regional institutional cooperation.

CHAPTER III

IMPLEMENTATION

Article 13

Competent authorities

1. Each Member State shall designate the authority or authorities competent for the implementation of this Directive.

2. Each Member State shall provide the Commission with a list of those competent authorities, together with the items of information listed in the Annex to this Directive.

3. Each Member State shall inform the Commission of any change to the information provided pursuant to paragraph 1 within six months of such a change coming into effect.

Article 14

Monitoring and reporting

1. Member States shall send copies of the maritime spatial plans, including relevant existing explanatory material on the implementation of this Directive, and all subsequent updates, to the Commission and to any other Member States concerned within three months of their publication.

2. The Commission shall submit to the European Parliament and to the Council, at the latest one year after the deadline for establishment of the maritime spatial plans, and every four years thereafter, a report outlining the progress made in implementing this Directive.

CHAPTER IV

FINAL PROVISIONS

Article 15

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 September 2016. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. The authority or authorities referred to in Article 13(1) shall be designated by 18 September 2016.

3. The maritime spatial plans referred to in Article 4 shall be established as soon as possible, and at the latest by 31 March 2021.

4. The obligation to transpose and implement this Directive shall not apply to landlocked Member States.

Article 16

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 17

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 23 July 2014.

For the European Parliament

For the Council

The President

M. SCHULZ

S. GOZI

ANNEX

COMPETENT AUTHORITIES

(1) Name and address of the competent authority or authorities — the official name and address of the competent authority or authorities identified.

(2) Legal status of the competent authority or authorities — a brief description of the legal status of the competent authority or authorities.

(3) Responsibilities — a brief description of the legal and administrative responsibilities of the competent authority or authorities, and of its/their role in relation to the marine waters concerned.

(4) Membership — when the competent authority or authorities act(s) as a coordinating body for other competent authorities, a list of the latter is required together with a summary of the institutional relationships established, in order to ensure coordination.

(5) Regional coordination — a summary is required of the mechanisms established, in order to ensure coordination between Member States where their waters are covered by this Directive and fall within the same marine region or sub-region.

ISB Act 2021-12-23

Schedule 2 Maritime Area Planning Act 2021 Open official source

SCHEDULE 2 Fit and Proper Person

SCHEDULE 2

Fit and Proper Person

Section 74

1. In this Schedule—

“person concerned”, in relation to a relevant person which is a body corporate, means—

(a) a person who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997) in relation to the body,

(b) a member (including the chairperson) of the body, or the board or board of directors of the body, or any other person acting in such capacity,

(c) the managing director or chief executive officer of the body, or any other person acting in such capacity, or

(d) a person to whom paragraph 2(f) relates or, in the case of a relevant person who falls within clause (a) of the definition of “relevant person”, would relate if the MARA grants the MAC concerned;

“relevant person” means—

(a) in the case of a MAC application, the applicant, or

(b) the holder of a MAC.

2. Subject to section 90, the MARA shall, in determining whether a relevant person is a fit and proper person to be granted a MAC or to continue to be the holder of a MAC, as the case may be, have regard to the following

(a) letters of reference;

(b) that the relevant person, or any other person concerned, stands convicted of—

(i) an indictable offence under this Act or an offence in another state equivalent to an indictable offence,

(ii) an indictable offence under an enactment prescribed for the purposes of this clause, or

(iii) an offence involving fraud or dishonesty;

(c) if the relevant person is a body corporate, whether any of its directors has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject to or deemed to be subject to—

(i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or

(ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014;

(d) if the relevant person is an individual, whether he or she is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor;

(e) if the relevant person is a body corporate, whether it—

(i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order,

(ii) is subject to the appointment of a receiver or examiner, or

(iii) has proposed a compromise or arrangement that is sanctioned under section 453(2) of the Act of 2014 or section 201(3) of the Act of 1963;

(f) if the relevant person is a body corporate incorporated under the law of another state—

(i) whether an event which corresponds to an event referred to in clause (c) has occurred in relation to any of its directors, or

(ii) whether an event which corresponds to an event referred to in clause (e) has occurred in relation to the body corporate;

(g) whether the relevant person, or a person acting for or on behalf of the relevant person in the relevant person’s capacity as such, has (or has access to), or continues to have (or have access to), as the case may be, the requisite technical knowledge or qualifications, or both, to undertake the proposed maritime usage, or continue to undertake the maritime usage, as the case may be;

(h) whether the relevant person is likely to be in a position to meet, or continue to meet, as the case may be, any financial commitments or obligations that the MARA reasonably considers will be entered into or incurred by the relevant person—

(i) in undertaking the proposed maritime usage, or in continuing to undertake the maritime usage, as the case may be, or

(ii) in ceasing to undertake the proposed maritime usage or the maritime usage, as the case may be;

(i) the previous performance of the relevant person when granted—

(i) a MAC,

(ii) a development permission,

(iii) a licence, or

(iv) an authorisation (howsoever described) under the Act of 1933.

ISB Act 2021-12-23

Schedule 3 Maritime Area Planning Act 2021 Open official source

SCHEDULE 3 Proposed maritime usages to which section 75(1) shall not apply

SCHEDULE 3

Proposed maritime usages to which section 75(1) shall not apply

Section 75

1. Any maritime usage which falls within a function referred to in section 1B of the Act of 1933.

2. Subject to regulations made under section 98(4)(f), any maritime usage to the extent to which it comprises relevant works within the meaning of section 98.

3. Any maritime usage to the extent to which it is undertaken on a privately owned part of the maritime area.

4. Any maritime usage which is navigation or fishing.

5. Any maritime usage authorised under section 638 of the Merchant Shipping Act 1894 or section 3 of the Merchant Shipping (Commissioners of Irish Lights) Act 1997 for the purposes of, or consisting of, the placement of aids to navigation.

6. Any maritime usage for the purposes, or consisting, of the exploration or working of petroleum (within the meaning of the Petroleum and Other Minerals Development Act 1960), or the restoration of the area in which such exploration for, or working of, such petroleum has taken place.

7. Subject to sections 111 and 119, any Schedule 7 usage (within the meaning of section 110) undertaken, or proposed to be undertaken, in the maritime area.

8.Any maritime usage which falls within a class of maritime usage specified, for the purposes of this paragraph, in regulations made under section 75(2).

ISB Act 2021-12-23

Schedule 4 Maritime Area Planning Act 2021 Open official source

SCHEDULE 4 Proposed maritime usages to which section 76(1) shall not apply

SCHEDULE 4

Proposed maritime usages to which section 76(1) shall not apply

Section 76

1. Any maritime usage which falls within a function referred to in section 1B of the Act of 1933.

2. Subject to regulations made under section 98(4)(f), any maritime usage to the extent of which it comprises relevant works within the meaning of section 98.

3. Subject to sections 111 and 119, any Schedule 7 usage (within the meaning of section 110) undertaken, or proposed to be undertaken, in the maritime area.

4. Any exempted usage (within the meaning of section 114) undertaken, or proposed to be undertaken, in the maritime area.

5. Any maritime usage to the extent to which it is undertaken on a privately owned part of the maritime area.

6. Any maritime usage which is navigation or fishing.

7. Any maritime usage authorised under section 638 of the Merchant Shipping Act 1894 or section 3 of the Merchant Shipping (Commissioners of Irish Lights) Act 1997 for the purposes of, or consisting of, the placement of aids to navigation.

(8) Any maritime usage for the purposes, or consisting, of the exploration or working of petroleum (within the meaning of the Petroleum and Other Minerals Development Act 1960), or the restoration of the area in which such exploration for, or working of, such petroleum has taken place.

9. Any maritime usage which falls within a class of maritime usage specified, for the purposes of this paragraph, in regulations made under section 76(2).

ISB Act 2021-12-23

Schedule 5 Maritime Area Planning Act 2021 Open official source

SCHEDULE 5 Criteria that MARA shall have regard to in determining MAC application

SCHEDULE 5

Criteria that MARA shall have regard to in determining MAC application

Section 80

1. The nature, scope and duration of the occupation of the maritime area concerned for the purposes of the proposed maritime usage.

2. Whether the proposed maritime usage is in the public interest.

3. The location and spatial extent of the occupation of the maritime area concerned for the purposes of the proposed maritime usage.

4. Guidelines issued under section 7 which are relevant to the proposed maritime usage.

5. Whether the applicant is a fit and proper person (within the meaning of Schedule 2) to be granted a MAC, both at the time the application is made and at the time that the MAC application concerned is determined by the MARA.

6. Whether the applicant is tax compliant, both at the time the application is made and at the time that the MAC application concerned is determined by the MARA.

7. In the case of any maritime usage relating to offshore renewable energy (within the meaning of section 100), the consistency of the MAC application concerned with the development plans of the transmission system operator (within the meaning of section 100).

8. The National Marine Planning Framework.

9. The extent and nature of the preparatory work already undertaken by the applicant towards ensuring the efficacious undertaking of the proposed maritime usage the subject of the MAC application concerned should the applicant be granted a MAC in respect of such usage.

10. The extent and nature of stakeholder engagement undertaken by the applicant in respect of the proposed maritime usage.

11. Where a competitive process referred to in section 93 or 103 is used, the outcome of such process.

12. Any additional criteria specified, for the purposes of this paragraph, in regulations made under section 80(2).

ISB Act 2021-12-23

Schedule 6 Maritime Area Planning Act 2021 Open official source

SCHEDULE 6 Types of conditions that MARA may attach to MAC or that are deemed to be attached to MAC

SCHEDULE 6

Types of conditions that MARA may attach to MAC or that are deemed to be attached to MAC

Section 82

Part 1 Types of conditions MARA may attach to MAC

Part 1

Types of conditions MARA may attach to MAC

1. A condition requiring the holder of a MAC to provide an indemnity to the State for—

(a) a failure to comply with—

(i) a provision of the MAC,

(ii) a provision of this Act relevant to the 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.

2. A condition specifying the nature of an indemnity referred to in paragraph 1.

3. A condition that the holder of a MAC gives notice in writing to the MARA of any change of circumstances that a reasonable person would consider might be a material change of circumstances.

4. A condition requiring the holder of a MAC to maintain, update and adhere to any work programme submitted as part of the application, whether or not such programme was initially so submitted.

5. A condition specifying the date on or before which the application for the planning permission concerned shall be made.

6. A condition providing for the payment of any levy by the holder of a MAC.

7. A condition specifying the date or dates, or the occurrence of the event or events, on which other conditions or obligations, or both, imposed under this Act, the Act of 2000 or any other enactment, specified in the first-mentioned condition and which relate to the maritime usage the subject of the MAC, are required to be complied with or otherwise discharged.

8. A condition requiring the holder of a MAC to permit the MARA to—

(a) enter the maritime area the subject of the MAC if the MARA is satisfied that the holder has materially contravened—

(i) a provision of the MAC,

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

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

or

(b) enter the part of the maritime area the subject of the MAC for the purposes of enabling the MARA to carry out inspections (including periodic inspections) for the purposes of ascertaining whether or not clause (a) applies.

9. If a MAC is terminated under Chapter 4 of Part 6 or revoked under Chapter 5 of that Part, a provision requiring the former holder of the MAC (and notwithstanding that termination or revocation) 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 termination or revocation, and

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

10. If a condition referred to in paragraph 1 is attached to a MAC, a condition requiring the holder of the MAC to increase the amount of the indemnity referred to in that paragraph, or to provide a further such indemnity—

(a) if the holder receives a notice in writing from the MARA stating that the MARA is satisfied the first-mentioned indemnity is, for the reasons stated in the notice, insufficient to cover the likely cost of one or more than one failure referred to that paragraph and identified in the notice,

(b) in such amount as is not less that the amount specified in the notice for the purpose, and

(c) within the period (being a period reasonable in all the circumstances of the case) specified in the notice for the purpose.

11. A condition requiring the holder of a MAC to maintain, update and adhere to any rehabilitation schedule submitted as part of the MAC application (or, where section 96 or 97 applies, the rehabilitation schedule concerned), whether or not such schedule was initially so submitted.

12. A condition specifying the date, or the occurrence of the event, on which a MAC expires.

13. In the case of a maritime usage the subject of a MAC that has been granted development permission, a condition requiring the holder of the MAC—

(a) to give a copy of the development permission to the MARA as soon as is practicable after the development permission has been granted, and

(b) to give a copy of any material alteration made to the development permission to the MARA as soon as is practicable after the alteration has been made.

14. A condition requiring the holder of a MAC to not use the part of the maritime area the subject of the MAC for any purpose other than the maritime usage the subject of the MAC.

15. A condition requiring the holder of a MAC to give notice in writing to the MARA of any proposed use or occupation of a part of the maritime area adjacent to that part of the maritime area that is the subject of the MAC where such use or occupation is reasonably required in order to fulfil a provision of an authorisation by or under another enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation).

16. Without prejudice to the generality of Chapter 6 of Part 6, a condition imposing obligations on the former holder of a MAC that has been terminated under Chapter 4 of Part 6.

17. A condition specifying the circumstances in which there is a moratorium on the payment of any levy (or part thereof) by the holder of a MAC which is otherwise due and owing to the MARA.

18. A condition requiring the holder of a MAC to complete the rehabilitation required by the rehabilitation schedule referred to in paragraph 11 before the expiration of the MAC.

19. A condition requiring the holder of a MAC not to use the MAC as an asset for the purposes of collateral for loans.

20. Where section 105(2)(b) or (3)(b) applies, a condition enabling the MARA to attach to a MAC one or more than one covenant, condition or agreement contained in the foreshore authorisation concerned.

21. A condition requiring the holder of a MAC to prepare, publish, maintain, update and adhere to a plan relating to public engagement on all or any matters relating to the maritime usage the subject of the MAC.

22. A condition requiring the holder of a MAC which is not an individual to follow steps specified by the MARA relating to any prospective change of control in the ownership of the holder.

23. A condition specified for the purposes of this paragraph in regulations made under section 82(3).

Part 2 Conditions deemed to be attached to MAC

Part 2

Conditions deemed to be attached to MAC

24. A condition that the holder of a MAC continues to be a fit and proper person (within the meaning of Schedule 2) to hold the MAC.

25. A condition specified for the purposes of this paragraph in regulations made under section 82(3).

ISB Act 2021-12-23

Schedule 7 Maritime Area Planning Act 2021 Open official source

SCHEDULE 7 Maritime Usages which may be undertaken in Maritime Area pursuant to Licence

SCHEDULE 7

Maritime Usages which may be undertaken in Maritime Area pursuant to Licence

Section 110

1. Dredging (including dredging involving the use of a device to remove any material, whether or not suspended in water, from one part of the seabed to another part of the seabed) other than—

(a) dredging carried out to create a new harbour, berth or waterway, or to deepen existing facilities in order to allow access for larger ships, or

(b) dredging ancillary to development authorised under the Act of 2000, whether or not it involves the removal of any material from the sea or seabed.

2. Marine environmental surveys for the purposes of scientific discovery or research.

3. Marine environmental surveys for the purposes of site investigation or in support of an application under Part XXI of the Act of 2000.

4. The installation or placement of navigational markers or aids to navigation, or both, not undertaken or authorised by the Commissioners of Irish Lights.

5. The installation of non-permanent platforms, pontoons or slipways.

6. The deposit of any substance or object, either in the sea or on or under the seabed, from—

(a) a vehicle, vessel (including a craft capable of travelling on, in or under water, whether or not self-propelled), boat, aircraft or marine structure (other than a pipeline),

(b) a container floating in the sea, or

(c) a structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea.

7. The use of a vehicle, vessel (including a craft capable of travelling on, in or under water, whether or not self-propelled), boat, aircraft, marine structure (other than a pipeline) or floating container to remove any substance or object from the seabed.

8. The use of explosives not related to development authorised under the Act of 2000 and not requiring authorisation under any other enactment.

9. The maintenance of any cable, pipeline, oil, gas or carbon storage facility structure that does not require an authorisation (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) under any other enactment in order to be undertaken.

10. The harvesting, disturbance or removal of seaweed, whether growing or rooted on the seabed, or deposited in or washed up thereon by the action of any one or more than one of the following

(a) tides;

(b) winds;

(c) waves.

11. The deposit, construction or removal of any mooring not requiring authorisation under any other enactment.

12. (a) The removal of beach material from, or the disturbance of beach material in, the maritime area otherwise than in the course of the ordinary or reasonable recreational enjoyment of the maritime area.

(b) In this paragraph, “beach material” means sand, clay, gravel, shingle, stones, rocks, mineral substances, seashells, coral and maerl and any flora, in or on the surface of the seabed or suspended in the water of the maritime area, and includes outcrops of rock or any other mineral substance above the surface of the seabed.

13. The laying or installation of telecommunications cables or ducting by or between coastal States where such cables or ducting pass through the exclusive economic zone (as construed in accordance with the Act of 2021) or the continental shelf but do not land in the State.

14. A maritime usage specified, for the purposes of this paragraph, in regulations made under section 113(2).

ISB Act 2021-12-23

Schedule 8 Maritime Area Planning Act 2021 Open official source

SCHEDULE 8 Types of conditions that MARA may attach to Licence

SCHEDULE 8

Types of conditions that MARA may attach to Licence

Section 120

1. A condition requiring the holder of a licence to provide an indemnity to the State for—

(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, to the licence,

or

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

2. A condition specifying the nature of an indemnity referred to in paragraph 1.

3. A condition requiring the holder of a licence to give notice in writing to the MARA of any change of circumstances that a reasonable person would consider might be a material change of circumstances.

4. A condition requiring the holder of a licence to adhere to a work programme specified, or referred to, in the condition (including the specification of dates by which, or the occurrence of events on which, a stage of the work programme should be commenced or completed).

5. A condition specifying the date or dates, or the occurrence of the event or events, on which other conditions or obligations, or both, imposed under this Act, or any other enactment, specified in the first-mentioned condition and which relate to the Schedule 7 usage the subject of the licence, are required to be complied with or otherwise discharged.

6. A condition requiring the holder of a licence to permit the MARA to—

(a) enter the part of the maritime area the subject of the licence if the MARA is satisfied that the holder has materially contravened—

(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, to the licence,

or

(b) enter the part of the maritime area the subject of the licence for the purposes of enabling the MARA to carry out inspections (including periodic inspections) for the purposes of ascertaining whether or not subparagraph (a) applies.

7. If a condition referred to in paragraph 1 is attached to a licence, a condition requiring the holder of the licence to increase the amount of the indemnity referred to in that paragraph, or to provide a further such indemnity—

(a) if the holder receives a notice in writing from the MARA stating that the MARA is satisfied the first-mentioned indemnity is, for the reasons stated in the notice, insufficient to cover the likely cost of one or more than one potential failure or liability referred to in that paragraph and identified in the notice,

(b) in such amount as is not less than the amount specified in the notice for the purpose, and

(c) within the period (being a period reasonable in all the circumstances of the case) specified in the notice for the purpose.

8. A condition specifying the date, or the occurrence of the event, on which a licence expires.

9. A condition requiring the holder of a licence to not use the part of the maritime area the subject of the licence for any purpose other than the Schedule 7 usage the subject of the licence.

10. A condition requiring the holder of a licence to ensure that, on completion of any site investigation or survey works, all data (not being commercially sensitive data within the meaning of section 128) collected in consequence thereof is given to a public body or other body specified in the condition where the information is relevant to a function of the body and so given—

(a) in a format requested by the body, and

(b) as soon as is practicable after the data has been so obtained.

11. A condition requiring the holder of a licence to give the MARA not less than 14 days advance notice in writing before undertaking any site investigation or survey works specified in the condition or the licence.

12. A condition requiring the holder of a licence to arrange for the publication of appropriate marine notices giving a general description of operations and approximate dates of commencement and completion of operations.

13. A condition requiring the holder of a licence to appoint—

(a) a fisheries liaison officer to consult with the Sea Fisheries Protection Authority and relevant fishers’ groups in order to ensure that appropriate actions are taken to avoid or minimise any adverse interactions between the activities or operations the subject of the licence and any ongoing fishing activities in the part of the maritime area the subject of the licence, or

(b) a liaison officer who may be consulted by relevant stakeholders in order to ensure that appropriate actions are taken to avoid or minimise any adverse interactions between the activities or operations the subject of the licence and any other activities or operations in the part of the maritime area the subject of the licence.

14. A condition requiring the holder of a licence to ensure that the least amount necessary of the maritime area is used to provide access to the part of the maritime area the subject of the licence.

15. A condition requiring the holder of a licence to schedule the activities or operations the subject of the licence so as to cause the least amount necessary of disruption and inconvenience to other users of the maritime area.

16. Without prejudice to the generality of Chapter 6 of Part 6, a condition imposing obligations on the former holder of a licence that has been terminated under Chapter 4 of Part 6.

17. Where section 129(2)(b) or (3)(b) applies, a condition enabling the MARA to attach to a licence one or more than one covenant, condition or agreement contained in the foreshore authorisation concerned.

18. Any type of condition specified, for the purposes of this paragraph, in regulations made under section 120(2).

ISB Act 2021-12-23

Schedule 9 Maritime Area Planning Act 2021 Open official source

SCHEDULE 9 Redress for Contravention of section 153(5)

SCHEDULE 9

Redress for Contravention of section 153(5)

Section 153

Complaints to rights commissioner

1. (1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 153(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) notify the parties of that decision.

(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 153(5) shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal, reinstatement or reengagement, or

(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances of the case, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations made under section 17 of the Unfair Dismissals Act 1977.

(4) Subject to subparagraph (10), a rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in that subparagraph (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to exceptional circumstances.

(6) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Enterprise, Trade and Employment.

(7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner.

(8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

(9) A rights commissioner shall give the Labour Court a copy of each decision given by the commissioner under subparagraph (2).

(10) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (4) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee’s notice.

Appeals from decisions of rights commissioner

2. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.

Paragraphs 1 and 2: supplemental provisions

3. In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that section 153(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.

(1) (a) If penalisation of an employee, in contravention of section 153(5), constitutes a dismissal of the employee as referred to in paragraph (a) of the definition of “penalisation” in section 153(10), the employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) may institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2015 or to recover damages at common law for wrongful dismissal and, if the employee or his or her parent or guardian, as the case may be, does so, a complaint in relation to such dismissal may not be presented to an adjudication officer under section 41 of the Workplace Relations Act 2015.

(b) If an employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) presents a complaint to an adjudication officer under section 41 of the Workplace Relations Act 2015 in respect of a dismissal referred to in clause (a), the employee or his or her parent or guardian, as the case may be, may not institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2015 or to recover damages at common law for wrongful dismissal.

ISB Act 2021-12-23

Schedule 10 Maritime Area Planning Act 2021 Open official source

SCHEDULE 10 Insertion of Eighth Schedule of Act of 2000

SCHEDULE 10

Insertion of Eighth Schedule of Act of 2000

Section 172

“EIGHTH SCHEDULE

Section 285

Classes of Development specified for purposes of Chapter III of Part XXI

1. Development referred to in the Seventh Schedule.

2. Development consisting of a trading port or pier for loading and unloading goods that—

(a) is connected to land, and

(b) can accommodate vessels of over 1,350 tonnes.

3. Development consisting of a pipeline that is not less than 20 kilometres in length and that is intended for the transport of—

(a) gas, oil or chemicals, or

(b) carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations.

4. Development consisting of the construction of an electrical power line that has a voltage of not less than 220 kilovolts and a length of not less than 15 kilometres.

5. Development consisting of the laying of a telecommunications cable or pipeline of not less than 15 kilometres in length.

6. Development consisting of the construction of a storage site within the meaning of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 20092525 OJ No. L140, 5.6.2009, p.114 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

25 OJ No. L140, 5.6.2009, p.114

7. Development consisting of an installation for the capture of CO2 streams within the meaning of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009—

(a) intended for geological storage of CO2 within such meaning, or

(b) where the intended capture of CO2 is not less than 1,500,000 tonnes per annum.

8. Development consisting of the drainage or reclamation of not less than 2 hectares of wetland.

9. Development consisting of a seawater fish breeding installation with an intended output exceeding 100 tonnes per annum.

10. Development consisting of the reclamation of not less than 10 hectares of land from the sea.

11. Development consisting of—

(a) the extraction of stone, gravel, sand or clay where the area of extraction would be greater than 5 hectares, or

(b) the extraction of stone, gravel, sand or clay by marine dredging (other than maintenance dredging), where the area of extraction would be greater than 5 hectares.

12. Development consisting of deep drilling (other than deep drilling for the purposes of investigating the stability of the soil, seabed or substrata beneath the soil or seabed) for—

(a) geothermal purposes, or

(b) the purpose of securing water supplies exceeding 2 million cubic metres per annum.

13. Development consisting of the construction or operation of—

(a) an installation for the manufacture of vegetable or animal oils or fats, where the capacity for processing raw materials would exceed 40 tonnes per day, or

(b) any fish-meal or fish-oil factory.

14. Development consisting of the construction or operation of a sea water marina where the number of berths exceeds 300.

15. Development consisting, or for the purposes, of—

(a) a terminal, building or installation ancillary to a natural gas storage facility (either above or below the surface of the water or seabed) the storage capacity of which would exceed 1mscm, or

(b) a terminal, building or installation ancillary to a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, and ancillary services.

16. Development consisting, or for the purposes, of an installation for the storage of—

(a) natural gas, where the storage capacity would exceed 200 tonnes,

(b) combustible gases, where the storage capacity would exceed 200 tonnes, or

(c) oil or coal, where the storage capacity would exceed 100,000 tonnes.

17. An installation for the production of hydroelectric energy—

(a) that has an output of not less than 20 megawatts,

(b) that would result in the new or extended area of water impounded being not less than 20 hectares, or

(c) that would result in a 30 per cent change in the maximum, minimum or mean flows in the main river channel or tidal bay concerned.

18. An installation for the production of energy by harnessing the power of the wind that has—

(a) more than 5 turbines, or

(b) a total output of more than 5 megawatts.

19. Any floating or fixed installation (either temporary or permanent) for the production of energy by harnessing the power of the sun.

20. An installation for the production of energy by harnessing wave or tidal power that has a total output greater than 5 generating units or 5 megawatts.

21. A harbour or port installation, including—

(a) loading or unloading areas,

(b) vehicle queuing and parking areas,

(c) ship repair areas,

(d) areas for berthing or dry docking of ships, and

(e) areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities),

and any associated offices or other similar facilities that would—

(i) result in the enclosed area of water in the harbour or port installation being not less than 20 hectares,

(ii) involve the reclamation of an area of land of not less than 5 hectares,

(iii) involve the construction of a quay greater than 100 metres in length, or

(iv) be capable of admitting a vessel of more than 1,350 tonnes.”.

ISB Act 2021-12-23

Schedule 11 Maritime Area Planning Act 2021 Open official source

SCHEDULE 11 Insertion of Ninth Schedule of Act of 2000

SCHEDULE 11

Insertion of Ninth Schedule of Act of 2000

Section 173

“NINTH SCHEDULE

Sections 309, 312 and 313

Part I

Relevant provisions for purposes of section 309

1. Part XA.

2. Sections 2 (other than the definition of ‘land’ and the definition of ‘strategic infrastructure development’), 4, 5, 7, 8, 31AW, 33, 34, 39 (other than subsection (4)), 40, 41, 44, 44A, 46, 142, 147, 148, 154 (other than paragraph (b) of subsection (7)) and 247.

3. Subsection (2) of section 3.

4. Subsection (4) of section 152.

5. Subsection (1), and paragraph (b) of subsection (6), of section 160.

6. Subsection (1) of section 182.

7. Paragraph (b) of subsection (4) of section 157.

8. Paragraph (b) of subsection (3), and subsections (5) and (7), of section 176A.

9. Paragraph (b) of subsection (2A), paragraph (i) of subsection (5) and subparagraph (i) of paragraph (a) of subsection (6) of section l76B.

10. Paragraph (b) of subsection (6) and subparagraph (i) of paragraph (a) of subsection (11) of section 176C.

Part II

Relevant provisions for purposes of section 312

1. Sections 37, 42, 44, 46, 108, 177I and 177AE.

2. Subsection (6) of section 34.

3. Subsection (2) of section 177K.

4. Subsection (2) of section 247.

Part III

Relevant provisions for purposes of section 313

1. Part VIII (other than subsection (1) of section 157).

2. Section 46.”.

ISB Act 2021-12-23

Schedule 12 Maritime Area Planning Act 2021 Open official source

SCHEDULE 12 Amendment of certain provisions of Act of 2000

SCHEDULE 12

Amendment of certain provisions of Act of 2000

Section 174

Reference Number (1)

Reference Number

(1)

Provision of Act of 2000 (2)

Provision of Act of 2000

(2)

Extent of Amendment (3)

Extent of Amendment

(3)

1.

Section 2

In subsection (1) —

(a) the definition of “permission” is amended by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”,

(b) the following definition is substituted for the definition of “permission regulations”,

“ ‘permission regulations’ means regulations under section 33, 37P, 172(2), 174 or 306;”,

(c) the definition of “unauthorised structure” is amended, in paragraph (b), by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”,

(d) the definition of “unauthorised use” is amended, in paragraph (b), by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”, and

(e) the definition of “unauthorised works” is amended, in paragraph (b), by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”.

Subsection (1) is further amended by the insertion of the following definitions

“ ‘Act of 1933’ means the Foreshore Act 1933;

‘coastal planning authority’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘maritime area’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘maritime area consent’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘maritime site’ means a part of the maritime area, and includes—

(a) the waters of that part of the maritime area,

(b) the seabed in that part of the maritime area, and

(c) all substrata beneath the seabed in that part of the maritime area;

‘maritime spatial plan’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘maritime spatial planning’ means—

(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 20142626 OJ No. L257, 28.8.2014, p. 135, and

26 OJ No. L257, 28.8.2014, p. 135

(b) land-sea interactions within the meaning of that Directive;

‘National Marine Planning Framework’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘national newspaper’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘nearshore area’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘objectives of maritime spatial planning’ means—

(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014, to give consideration when establishing and implementing maritime spatial planning,

(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and

(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;

‘outer maritime area’ means that part of the maritime area that is not within the nearshore area of any coastal planning authority;”.

2.

Section 3

The following subsection is substituted for subsection (1)

“(1) In this Act, except where the context otherwise requires, ‘development’ means—

(a) the carrying out of any works in, on, over or under land, or the making of any material change in the use of any land or structures situated on land, or

(b) development within the meaning of Part XXI (inserted by section 171 of the Maritime Area Planning Act 2021).”.

3.

Section 4

Subsection (1) is amended by the substitution of the following paragraphs for paragraph (aa)

“(aa) development by a local authority in its functional area (other than, in the case of a local authority that is a coastal planning authority, its nearshore area);

(ab) development by a coastal planning authority that—

(i) owns the maritime site on which the development is proposed to be situated, or

(ii) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

in its nearshore area;”.

The following subsections are inserted

“(1A) Subject to subsection (1B), the following classes of development shall also be exempted development for the purposes of this Act if carried out wholly in the maritime area

(a) development for the purposes of any survey for archaeological purposes;

(b) development for the purposes, or consisting, of—

(i) the exploration for petroleum, within the meaning of Part II of the Petroleum and Other Minerals Development Act 1960, in accordance with a licence under section 8, 9 or 19 of that Act or a lease under section 13 of that Act,

(ii) the working, within such meaning, of such petroleum, in accordance with such lease or licence, or

(iii) the restoration of the area in which such exploration or working has taken place;

(c) development consisting, or for the purposes, of the construction or operation, in accordance with a consent under subsection (1) of section 40 of the Gas Act 1976, of an upstream pipeline,

(d) development for the purposes, or consisting, of dumping within the meaning of the Dumping At Sea Act 1996;

(e) development authorised under section 638 of the Merchant Shipping Act 1894 or section 3 of the Merchant Shipping (Commissioners of Irish Lights) Act 1997 by the Commissioners of Irish Lights for the purposes, or consisting, of the placement of aids to navigation;

(f) activities that are the subject of, or require, a licence under Part 5 of the Maritime Area Planning Act 2021;

(g) development consisting of the use of any land or maritime site for the purposes of—

(i) the harvesting of shellfish, or

(ii) activities relating to fishing or aquaculture.

(1B) Development referred to in paragraph (a), (d), (e), (f) or (g) of subsection (1A) shall not be exempted development if an environmental impact assessment of the development is required.

(1C) Development referred to in paragraph (a), (d), (e) or (g) of subsection (1A) shall not be exempted development if an appropriate assessment of the development is required.”.

Subsection (3) is amended by the substitution, in paragraph (a), of “subsection (1) or (1A)” for “subsection (1)”.

4.

Section 12

The following subsection is substituted for subsection (18)

“(18) In this section ‘statutory obligations’ includes—

(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—

(i) the national and regional development objectives specified in—

(I) the National Planning Framework, and

(II) the regional spatial and economic strategy, and

(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and

(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.”.

5.

Section 13

The following subsection is substituted for subsection (14)

“(14) In this section ‘statutory obligations’ includes—

(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—

(i) the national and regional development objectives specified in—

(I) the National Planning Framework, and

(II) the regional spatial and economic strategy, and

(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and

(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.”.

6.

Section 23

Subsection (3) is amended, in paragraph (a), by the insertion of the following subparagraph

“(iiia) the National Marine Planning Framework, in circumstances where the strategy is likely to affect the maritime area,”.

7.

Section 31

Subsection (1) is amended, in paragraph (ba), by—

(a) the deletion, in subparagraph (i), of “or”, and

(b) the insertion of the following subparagraph

“(ia) the National Marine Planning Framework, or”.

8.

Section 31Q

Subsection (1) is amended—

(a) in paragraph (a), by the insertion of the following subparagraph

“(ia) the role of such members, authorities and assemblies in relation to guidelines under section 7 of the Maritime Area Planning Act 2021 and directives under section 8 of that Act,”, and

(b) in paragraph (b), by the substitution of the following subparagraph for subparagraph (i)

“(i) such matters as the Minister may specify relating to—

(I) proper planning and sustainable development, and

(II) maritime spatial planning, and”.

9.

Section 31S

Subsection (1) is amended—

(a) in paragraph (a), by—

(i) the insertion, after “Chapter IV of Part II”, of “or section 7 or 8 of the Maritime Area Planning Act 2021,”, and

(ii) the insertion, after “rural,”, of “or maritime spatial planning,”, and

(b) in paragraph (c), by the insertion, after “Strategy)”, of “, the National Marine Planning Framework”.

10.

Section 31AM

Subsection (2) is amended, in paragraph (b), by the insertion of “and the National Marine Planning Framework” after “National Spatial Strategy)”.

11.

Section 31AQ

Subsection (2) is amended, in paragraph (b), by the insertion of “and the National Marine Planning Framework” after “National Spatial Strategy)”.

12.

Section 35

Subsection (1) is amended, in paragraph (b), by the substitution of “this Part or Chapter III of Part XXI,” for “this Part”.

13.

Section 37A

Subsection (1) is amended by the substitution of “Subject to Part XXI, an application for permission” for “An application for permission”.

14.

Section 40

Subsection (1) is amended by the substitution of “this Part or Part XXI” for “this Part”.

15.

Section 41

Subsection (1) is amended by—

(a) the substitution of “this Part and Part XXI” for “this Part”, and

(b) the substitution of “section 34, 37, 37G, 37N or 293” for “section 34, 37, 37G or 37N” in each place that it occurs.

16.

Section 44

Subsection (1) is amended by the substitution of “this Part or Part XXI” for “this Part”.

17.

Section 125

The following subsection is inserted

“(2) This Chapter (other than sections 126, 127, 128, 129, 130, 131, 132, 133 and 134) shall apply to—

(a) applications under section 291, and

(b) requests under section 297.”,

and section 125 as it stood immediately before the insertion of the foregoing shall be referred to as subsection (1) of section 125.

18.

Section 139

Subsection (2) is amended by the substitution of the following paragraphs for paragraph (a)

“(a) the matters to which a planning authority shall have regard specified in paragraph (a) of subsection (2) of section 34,

(aa) in the case of the appeal of a decision of a planning authority in respect of development to which Chapter II of Part XXI applies or proposed such development, the matters referred to in paragraph (a) and the matters to which a planning authority shall have regard specified in subsection (2) of section 282,”.

19.

Section 140

Subsection (1) is amended, in subparagraph (v) of paragraph (a), by the insertion of “or 291” after “section 37L”.

Subsection (2) is amended, in paragraph (a), by the insertion of “or 291” after “section 37L”.

20.

Section 143

Subsection (1) is amended by the substitution of “The Board shall, in the performance of its functions (other than functions conferred by Chapter III of Part XXI), have regard to” for “The Board shall, in performing its functions, have regard to”.

21.

Section 144

Subsection (1A) is amended—

(a) by the insertion of the following paragraph

“(bb) an application under section 291 or a request under section 297;”,

and

(b) in paragraph (j), by the insertion of “or pursuant to a notice under section 291 or 297 or an invitation under section 292, or under” after “226,”.

22.

Section 154

Subsection (5) is amended, in subparagraph (ii) of paragraph (a), by the insertion of “or section 293” after “Part III”.

23.

Section 157

The following subsection is inserted

“(1A) Summary proceedings for an offence under this Part may be brought and prosecuted by the Maritime Area Regulatory Authority whether or not the offence is committed in the maritime area.”.

Subsection (4) is amended, in subparagraph (ii) of paragraph (a), by the insertion of “or section 293” after “Part III”.

24.

Section 160

The following subsections are inserted

“(5A) (a) An application under this section to the Circuit Court shall, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, be made to the judge of the Circuit Court for the circuit in which the functional area (other than the nearshore area) of that coastal planning authority is situated.

(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section in relation to a development referred to in paragraph (a) where the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out the development does not exceed €500,000.

(5B) (a) An application under this section, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, shall be made to the High Court if that development was carried out by or on behalf of a person who at the time of the carrying out of the development was not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development.

(b) An application under this section, in respect of development situated wholly in the outer maritime area, shall be made to the High Court.”.

Subsection (6) is amended, in subparagraph (ii) of paragraph (a), by the insertion of “or section 293” after “Part III”.

25.

Section 162

Subsection (1) is amended, in paragraph (a), by the insertion of “or section 293” after “Part III”.

26.

Section 163

The words “or section 293” are inserted after “Part III” in each place that the latter occurs.

27.

Section 172

The definition of “proposed development” in paragraph (a) of subsection (1A) is amended, in subparagraph (i), by—

(a) the deletion of “and” at the end of that subparagraph, and

(b) the insertion of the following clause after clause (VI)

“(VII) development to which Chapter III of Part XXI applies; and”.

28.

Section 173

Subsection (1) is amended by the insertion, after “section 34(3)”, of “or Chapter III of Part XXI”.

29.

Section 173A

Subsection (1) is amended by—

(a) the substitution of the following definition for the definition of “application for permission”

“ ‘application for permission’ means—

(a) an application for permission for development under Part III,

(b) an application for permission for development under section 291,

(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,

(d) an application for substitute consent under section 177E, or

(e) a request under section 297;”,

and

(b) the substitution of the following definition for the definition of “grant of permission”

“ ‘grant of permission’ means—

(a) a grant of permission for development under Part III,

(b) a grant of permission for development under section 293,

(c) an approval for development under section 175, 177AE, 181B, 182D or 226,

(d) a grant of substitute consent under section 177K, or

(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development.”.

30.

Section 173B

Subsection (1) is amended by—

(a) the substitution of the following definition for the definition of “application for permission”

“ ‘application for permission’ means—

(a) an application for permission for development under Part III,

(b) an application for permission for development under section 291,

(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,

(d) an application for substitute consent under section 177E, or

(e) a request under section 297;”,

and

(b) the substitution of the following definition for the definition of “grant of permission”

“ ‘grant of permission’ means—

(a) a grant of permission for development under Part III,

(b) a grant of permission for development under section 293,

(c) an approval for development under section 175, 177AE, 181B, 182D, or 226,

(d) a grant of substitute consent under section 177K, or

(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development;”.

31.

Section 173C

Subsection (10) is amended by the substitution of the following definition for the definition of “permission”

“ ‘permission’ means—

(a) permission for development under Part III,

(b) permission for development under section 293,

(c) approval for development under section 175, 177AE, 181B, 182D or 226,

(d) substitute consent under section 177K, or

(e) the alteration of the terms of a permission for development in accordance with a decision under section 297;”.

32.

Section 174

Subsection (2) is amended by the substitution of “182B(1), 182D(1), 282(2), 293(2) and 297” for “182B(1) and 182D(1)”.

Subsection (4) is amended by the insertion, after “Ireland”, of “(including the maritime area)”.

33.

Section 175

The following subsection is substituted for subsection (3)

“(3) Subject to subsection (3A), where an environmental impact assessment report has been prepared in accordance with subsection (1), the local authority shall apply to the Board for approval of the proposed development to which the report relates.”.

The following subsections are inserted

“(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area unless it—

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

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

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

(3B) The Board shall neither consider an application under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (9) unless the applicant for such approval—

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

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

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

Subsection (12) is amended by the substitution of the following paragraphs for paragraph (a)

“(a) in the case of an area other than a maritime site, the provisions of the development plan for the area,

(aa) in the case of a maritime site, the matters to which the Board is required to have regard under subsection (3) of section 293 when making a decision in relation to an application under section 291,”.

34.

Section 176A

The following subsection is inserted

“(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—

(a) is the holder of a—

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

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

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

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

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

Subsection (3) is amended by the substitution of the following paragraph for paragraph (b)

“(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),”.

Subsection (5) is amended by—

(a) the insertion, in paragraph (a), of “(if any)” after “owner”, and

(b) the substitution of the following paragraph for paragraph (b)

“(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,”.

Subsection (7) is amended by the substitution of “the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)” for “the planning authority shall also notify the owner and, where the owner is not the occupier of the land, the occupier of its decision under subsection (6)”.

35.

Section 176B

Subsection (2A) is amended by—

(a) the insertion, in subparagraph (ii) of paragraph (b), of “(if any)” after “owner”, and

(b) the insertion, in subparagraph (iii) of paragraph (b), of “(if any)” after “occupier”.

Subsection (4) is amended by the substitution of the following paragraph for paragraph (c)

“(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,”.

Subsection (5) is amended, in paragraph (i), by—

(a) the insertion, in subparagraph (II), of “(if any)” after “owner”, and

(b) the insertion, in subparagraph (III), of “(if any)” after “occupier”.

Subsection (6) is amended, in subparagraph (i) of paragraph (a), by—

(a) the insertion, in clause (II), of “(if any)” after “owner”, and

(b) the insertion, in clause (III), of “(if any)” after “occupier”.

36.

Section 176C

Subsection (6A) is amended, in paragraph (b), by—

(a) the insertion, in subparagraph (iii), of “(if any)” after “owner”, and

(b) the insertion, in subparagraph (iv), of “(if any)” after “occupier”.

Subsection (8) is amended by the substitution of the following paragraph for paragraph (d)

“(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and”.

Subsection (11) is amended, in subparagraph (i) of paragraph (a), by—

(a) the insertion, in clause (II), of “(if any)” after “owner”, and

(b) the insertion, in clause (III), of “(if any)” after “occupier”.

37.

Section 177K

Subsection (2) is amended, in paragraph (i), by the insertion of “282(3) or 293(7)” after “section 34(4),”.

Subsection (3) is amended, in paragraph (a), by the insertion of “282(3) or 293(7), as may be appropriate,” after “section 34(4),”.

38.

Section 177R

Subsection (1) is amended, in paragraph (a), by the substitution of the following definition for the definition of “proposed development”

“ ‘proposed development’ means—

(a) a proposal to carry out—

(i) development to which Part III applies,

(ii) development that may be carried out under Part IX,

(iii) development that may be carried out by a local authority under Part X or XAB or development that may be carried out under Part XI,

(iv) development on the foreshore under Part XV,

(v) development under section 43 of the Act of 2001,

(vi) development under section 51 of the Roads Act 1993, or

(vii) development to which Chapter II or III of Part XXI applies,

(b) notwithstanding that the development has been carried out, development in relation to which an application for substitute consent is required under Part XA, or

(c) a requested alteration within the meaning of Chapter III of Part XXI;”.

39.

Section 177S

Subsection (2) is amended by—

(a) the substitution of “Subject to subsection (3), the competent authority” for “The competent authority”, and

(b) the substitution of the following paragraph for paragraph (h)

“(h) in relation to proposed development that may be carried out by a local authority under Part X or XAB or proposed development that may be carried out under Part XI, the Board.”.

The following subsection is inserted

“(3) The competent authority in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall, in relation to proposed development to which Chapter III of Part XXI applies, be the Board.”.

40.

Section 177U

Subsection (8) is amended—

(a) in paragraph (g), by the deletion of “or”,

(b) in paragraph (h), by the substitution of “Part XA, or” for “Part XA.”, and

(c) the insertion of the following paragraph

“(i) a decision to make a requested alteration under subsection (2) of section 297.”.

41.

Section 177AE

Subsection (1) is amended by the deletion of the words “, or on the foreshore”.

The following subsections are inserted

“(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area, unless it—

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

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

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

(3B) The Board shall neither consider an application for permission under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (8), unless the applicant for such approval—

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

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

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

42.

Part XI

The following section is inserted

“Development in maritime area by local authority or State authority

178A. (1) A local authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—

(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

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

(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.

(2) A State authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—

(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

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

(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.

(3) A coastal planning authority shall not carry out development in the maritime area that materially contravenes the National Planning Framework or any maritime spatial plan applicable to that area.”.

43.

Section 179

Subsection (3) is amended by the insertion of the following paragraph

“(c) A report prepared in accordance with paragraph (a) shall—

(i) in the case of development situated wholly within the maritime area—

(I) contain an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and the objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and

(II) specify the reasons and considerations for that evaluation,

and

(ii) in the case of development proposed to be situated partly on the landward side of a coastal planning authority’s functional area and partly in the maritime area—

(I) contain an evaluation referred to in subparagraph (ii) of paragraph (b) and an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and

(II) specify the reasons and considerations for those evaluations,

in addition to the matters referred to in subparagraphs (i), (iia), (iii), (iv) and (v) of paragraph (b).”.

44.

Section 181

Subsection (1) is amended by the substitution of the following subparagraph for subparagraph (vi) of paragraph (b)

“(vi) the reference to a specified person of any dispute or disagreement, with respect to the proposed development—

(I) between a State authority and the planning authority for the area (including, in circumstances where the planning authority is a coastal planning authority, the nearshore area of that authority) in which the proposed development is to be carried out, or

(II) between a State authority and the Board or the Maritime Area Regulatory Authority in relation to proposed development that is to be carried out in the outer maritime area;”.

Subsection (2B) is amended—

(a) in paragraph (b), by the substitution of “if carried out” for “if carried out, and”, and

(b) by the insertion of the following paragraph

“(bb) in the case of proposed development in the maritime area, send a—

(i) copy of the application,

(ii) copy of the environmental impact assessment report (if any) and Natura impact statement (if any), and

(iii) a notice stating that submissions or observations may, during the period referred to in subparagraph (ii) of paragraph (a), be made in writing to the Board in relation to the application for approval,

to the Maritime Area Regulatory Authority, and”.

Subsection (2M) is amended by the insertion of the following paragraph

“(aa) The Board shall, in the case of development proposed to be situated wholly or partly in the outer maritime area, send a copy of the decision under paragraph (a) of subsection (2L) to—

(i) the Minister concerned,

(ii) any coastal planning authority in whose nearshore area it is proposed that part of the development would be situated,

(iii) the Maritime Area Regulatory Authority, and

(iv) any person who made submissions or observations on the application for approval.”.

The following subsection is substituted for subsection (2AA)

“(2AA) Where an application for approval is made to the Board under subsection (2A), or where further information is required by and furnished to the Board in relation to an application made under that subsection, the Minister concerned shall, simultaneously, forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—

(a) the planning authority or each planning authority in whose functional area it is proposed to carry out the development, or

(b) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,

and the Board, and any such planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall, as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—

(i) that application,

(ii) any such environmental impact assessment report,

(iii) any such Natura impact statement, and

(iv) any such further information.”.

Subsection (3) is amended—

(a) in paragraph (a), by the deletion of the definition of “foreshore”,

(b) in paragraph (b), by the deletion of “, including development on the foreshore,”, and

(c) in paragraph (d), by—

(i) the substitution of the following clause for clause (I) of subparagraph (ii)

“(I) the following were substituted for subsection (1)

‘(1) Where an appropriate assessment is required in respect of development (in this section referred to as “proposed development”) to which subsection (3) of section 181 applies, the Minister concerned (in this section referred to as the “Minister concerned”) within the meaning of that subsection shall prepare, or cause to be prepared, a Natura impact statement in respect thereof.’,”,

and

(ii) the deletion of subparagraph (iii),

and

(d) the substitution of the following paragraph for paragraph (e)

“(e) Where an application is made to the Board under this subsection, or where further information is required by and furnished to the Board in relation to an application made under this subsection, the Minister concerned shall at the same time forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—

(i) the planning authority in whose functional area it is proposed to carry out the development, or

(ii) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,

and the Board, and the planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—

(I) the application,

(II) any environmental impact assessment report,

(III) any Natura impact statement, and

(IV) any such further information.”.

45.

Section 181B

Subsection (11) is amended by—

(a) the substitution of the following paragraph for paragraph (a)

“(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,”,

and

(b) the insertion of the following paragraph

“(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,”.

46.

Section 182

The following subsection is inserted

“(1A) A local authority shall not be eligible to apply for approval referred to in subsection (1) for development on a maritime site, and no such approval shall be given to a local authority, unless the local authority—

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

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

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

47.

Section 182A

The following subsection is inserted

“(1A) An undertaker shall not be eligible to apply for approval referred to in subsection (1) for development in a maritime site and no such approval shall be given to him or her, unless he or she—

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

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

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

48.

Section 182B

Subsection (10) is amended by—

(a) the substitution of the following paragraph for paragraph (a)

“(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,”,

and

(b) the insertion of the following paragraph

“(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,”.

Subsection (11) is amended, in paragraph (a), by the substitution of “section 34, 37G or 293” for “section 34 or 37G”.

49.

Section 182D

Subsection (10) is amended by—

(a) the substitution of the following paragraph for paragraph (a)

“(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,”,

and

(b) the insertion of the following paragraph

“(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,”.

Subsection (11) is amended, in paragraph (a), by the substitution of “section 34, 37G or 293” for “section 34 or 37G”.

50.

Section 247

The following subsection is substituted for subsection (1)

“(1) Subject to subsection (1A), a person who—

(a) has an interest (including a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned) in land, or

(b) is the holder of—

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

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

and who intends to make a planning application may, with the agreement (which shall not be unreasonably withheld) of the planning authority concerned, consult with the planning authority for the purposes of discussing any proposed development in relation to the land or maritime site, as the case may be, and the planning authority may advise the person regarding the proposed application.”.

51.

Section 250

Subsection (1) is amended by the insertion of the following paragraph

“(dd) where the address at which he or she ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any maritime site, by publishing the notice or copy on 7 consecutive days in a national newspaper;”.

Maritime Area Planning Act 2021

Table of Provisions (12)

Statutory Text (12 Articles)

Need to analyze how this provision applies to your matter?