Planning and Development (Amendment) Act 2018

PART 5

Marine Spatial Plans

66.

Interpretation

66. (1) In this Part—

“Act of 2006” means the Sea-Fisheries and Maritime Jurisdiction Act 2006;

“coastal waters” means, in relation to the State—

(a) surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline (within the meaning of section 85 of the Act of 2006), and

(b) the outer limit of those bodies of surface water in the vicinity of river mouths that are partly saline in character as a result of their proximity to surface water referred to in paragraph (a) and that are substantially influenced by freshwater flows;

“company” has the meaning assigned to it by the Companies Act 2014;

“Directive” means Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 5establishing a framework for marine spatial planning;

“enactment” has the meaning assigned to it by the Interpretation Act 2005;

“marine spatial plan” has the meaning assigned to it by section 69 ;

“maritime area” means—

(a) the foreshore within the meaning of the Foreshore Act 1933,

(b) the territorial seas within the meaning of Part 3 of the Act of 2006,

(c) the exclusive economic zone within the meaning of Part 3 of the Act of 2006,

(d) any area of the sea bed or subsoil outside the said foreshore, territorial seas and exclusive economic zone over which the State has rights for the purposes of exploration thereof and exploitation of natural resources, and

(e) coastal waters;

“Minister” means the Minister for Housing, Planning and Local Government;

“North-East Atlantic marine region” means the marine region to which the Convention for the Protection of the Marine Environment of the North-East Atlantic, done at Paris on 22 September 1992, applies;

“public body” means—

(a) a Minister of the Government,

(b) a local authority within the meaning of the Local Government Act 2001,

(c) a body (other than a company) established by or under an enactment,

(d) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—

(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or

(ii) the issue of shares held by or on behalf of a Minister of the Government.

(2) A word or expression used in this Part that is also used in the Directive shall have the meaning that it has in the Directive.

5 OJ No. L257 of 28.8.2014, p.135