MARITIME SPATIAL PLANNING REGULATIONS

MARITIME SPATIAL PLANNING

SUBSIDIARY LEGISLATION 552.27

MARITIME SPATIAL PLANNING REGULATIONS

18th October, 2016

LEGAL NOTICE 341 of 2016.

(1) The title of these regulations is the Maritime Spatial

Planning Regulations.

(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 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

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

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.

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

MARITIME SPATIAL PLANNING

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 spat ial 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.

The competent authority shall

(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

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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, the

C o m p e t e n t A u t h o r i t y s h a l l c o o p e r a t e w i t h M e m b e r St a t e s

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.