341 tal-2016

L.N. 341 of 2016

DEVELOPMENT PLANNING ACT

(Cap. 552)

Maritime Spatial Planning Regulations, 2016

BY VIRTUE of the powers conferred by articles 84 and 85 of

the Development Planning Act, the Prime Minister, after consultation

with the Planning Authority, has made the following Regulations:-

(1)

The title of these regulations is the Maritime Citation and

objective.

Spatial Planning Regulations, 2016.

(2) These regulations establish 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.

(3) The regulations transpose the provisions of Directive

2014/89/EU of the European Parliament and of the Council.

(1)

These regulations shall apply to the marine waters Applicability.

as defined in regulation 3.

(2) These regulations shall not apply to activities the sole

purpose of which is defence or national security.

(3) The Competent Authority for different provisions and

purposes of these regulations shall be the Planning Authority.

(1)

In these regulations, unless the context otherwise Interpretation.

requires:-

"Act" means the Development Planning Act;

"marine region" means the Mediterranean region as referred to

in the Marine Policy Framework Regulations;

"marine waters" means coastal and marine waters as defined by

the Marine Policy Framework Regulations and the Water Policy S.L.

Framework Regulations including waters, the seabed and subsoil

extending to the outmost reach of the area where Malta has and, or

exercises jurisdictional rights, in accordance with the United Nations

Convention on the Law of the Sea and general international law;

"maritime spatial planning" means a process by which the

relevant Member State’s authorities analyse and organise human

activities in marine regions to achieve ecological, economic and

social objectives.

(1)

In implementing maritime spatial planning the

Competent Authority shall

(a)

have due regard to the particularities of the marine

region, 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;

(b)

consider economic, social and environmental

aspects as well as safety 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.

(1)

Further to the provisions of article 44 of the Act

and for the scope of these regulations, the Strategic Plan for

Environment and Development or any replacement spatial strategy

shall constitute the Maritime Spatial Plan.

(2) The Maritime Spatial Plan shall aim to contribute to the

sustainable development of energy sectors at sea, of maritime

transport, of the fisheries and aquaculture sectors, tourism and to the

preservation, protection and improvement of the environment,

including resilience to climate change impacts.

(3) The Maritime Spatial Plan shall 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 regulation 4 and in sub-regulation (2). Relevant activities, uses

and interest may include

(i)

aquaculture areas;

(ii)

fishing areas;

(iii)

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;

(iv)

maritime transport routes and traffic flows;

(v)

military training areas;

(vi)

nature and species conservation sites and protected

areas;

(vii)

raw material extraction areas;

(viii)

scientific research;

(ix)

submarine cable and pipeline routes;

(x)

tourism; and

(xi)

underwater cultural heritage.

(4) The Maritime Spatial Plan shall be reviewed at least once

every ten years.

(1)

The Competent Authority shall

Functions of the

Competent

Authority.

(a)

establish procedural steps to contribute towards the

implementation of Maritime Spatial Planning to achieve the

objectives set out in regulation 4 and in regulation 5(2);

(b)

aim to promote coherence between maritime

spatial planning and the resulting plan and other processes, such

as integrated coastal management or equivalent formal or

informal practices in procedure adopted;

(c)

aim to promote coherence of the resulting maritime

spatial plan with other relevant processes through maritime

spatial planning;

(d)

undertake consultations with all interested parties,

including relevant stakeholders, authorities and the public

concerned in the preparation of the Maritime Spatial Plan, in

accordance with articles 44 and 45 of the Act;

(e)

organise the use of the best available data, and

decide how to organise the sharing of information, necessary for

the Maritime Spatial Plan with the use of relevant instruments

and tools.

(1)

As part of the planning and management process, Cooperation

the Competent Authority shall cooperate with Member States with

States.

bordering Malta’s marine waters 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 sub-regulation (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

sub-regulation (1).

The Competent Authority shall endeavour, where possible,

to cooperate with third countries on their actions with regard to

maritime spatial planning in the Mediterranean region and in

accordance with international law and conventions, such as by using

existing international forums or regional institutional cooperation.

€0.36