Maritime Area Planning Act 2021


Number 50 of 2021


MARITIME AREA PLANNING ACT 2021

REVISED

Updated to 1 October 2022


This Revised Act is an administrative consolidation of the Maritime Area Planning Act 2021. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Maritime Area Planning Act 2021 (Commencement of Certain Provisions) (No. 3) Order 2022 (S.I. No. 488 of 2022), made 29 September 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 50 of 2021


MARITIME AREA PLANNING ACT 2021

REVISED

Updated to 1 October 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Foreshore Acts 1933 to 2021: this Act, Part 9 (Chapters 1 and 3), is one of a group of Acts included in this collective citation, to be construed together as one (Maritime Area Planning Act 2021, s. 1(2)). The Acts in this group are:

Foreshore Act 1933 (12/1933)

Foreshore (Amendment) Act 1992 (17/1992)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 1 and 7(3) in so far as they relate to s.5

Fisheries (Amendment) Act 2003 (21/2003), s. 32 and s. 2 insofar as it relates to s. 32

Maritime Safety Act 2005 (11/2005), Part 6

Foyle and Carlingford Fisheries Act 2007 (17/2007), s. 35.

Foreshore and Dumping at Sea (Amendment) Act 2009 39/2009), other than ss. 1(3) and 1(5), Part 3 and Schedule 2

Foreshore (Amendment) Act 2011  (11/2011)

Local Government Reform Act 2014(1/2014), s. 1(13) and the amendment to the Foreshore (Amendment) Act 1992 provided for in s. 5(6) and Schedule 2, Part 6

Maritime Area Planning Act 2021  (50/2021), chapters 1 and 3 of Part 9

Electricity Regulation Acts 1999 to 2021: this Act, Part 9 (Chapter 4), is one of a group of Acts included in this collective citation, to be construed together as one (Maritime Area Planning Act 2021, s. 1(3)). The Acts in this group are:

Electricity Regulation Act 1999 (23/1999)

Gas (Amendment) Act 2000 (26/2000), ss. 12-16.

Maritime Area Planning Act 2021 (50/2021), Chapter 4 of Part 9.

Planning and Development Acts 2000 to 2021: this Act, Part 8 and Schedules 10 to 12, is one of a group of Acts and statutory instruments included in this collective citation, to be construed together as one (Maritime Area Planning Act 2021, s. 1(4)). The Acts and statutory instruments in this group are:

Planning and Development Act 2000 (30/2000)

Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000) and s. 247

Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Water Services Act 2007 (30/2007), ss. 1(6) and 114

Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and 21(3)

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4

Urban Regeneration and Housing Act 2015 (33/2015)

Planning and Development (Amendment) Act 2015 (63/2015)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b) and (c), Parts 3 to 5 and sch.

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18

European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), Parts 2, 3, 4 and schs. 1 and 2

Aircraft Noise (Dublin Airport) Regulation Act (12/2019), Part 3

Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38

Local Government Rates and Other Matters Act 2019 (24/2019), ss. 23, 24

Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9

European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II (reg. 5)

Planning and Development, and Residential Tenancies, Act 2020 (27/2020)

Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2, chapters 2 and 5)

Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)

Maritime Area Planning Act 2021 (50/2021), Part 8 and schs. 10-12

Maritime Area Planning Act 2021 and 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, Maritime and Valuation (Amendment) Act 2022, s. 1(3)). The Acts in this group are:

Maritime Area Planning Act 2021 (50/2021)

Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 3 (ss. 42-75)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022)

All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Maritime Area Planning Act 2021 (Commencement of Certain Provisions) (No. 3) Order 2022 (S.I. No. 488 of 2022)

Maritime Area Consent (Application Fee) Regulation (S.I. No. 395 of 2022)

Maritime Area Planning Act 2021 (Commencement of Certain Provisions) (No. 2) Order 2022 (S.I. No. 394 of 2022)

Maritime Area Planning Act 2021 (Commencement of Certain Provisions) Order 2022 (S.I. No. 112 of 2022)

All statutory instruments up to and including Maritime Area Planning Act 2021 (Commencement of Certain Provision)(No. 3) Order 2022 (S.I. No. 488 of 2022), made 29 September 2022, were considered in the preparation of this revision.


Number 50 of 2021


MARITIME AREA PLANNING ACT 2021

REVISED

Updated to 1 October 2022


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement

2. Interpretation - general

3. Application

4. Legal acts of European Union given effect to by this Act

5. Nearshore areas of CPAs

6. Marine planning policy statement

7. Ministerial guidelines

8. Ministerial policy directives

9. Limitation on ministerial powers

10. Regulations, etc.

11. Expenses

12. Repeals and revocations

PART 2

Maritime Spatial Plans and Designated Maritime Area Plans

Chapter 1

Interpretation and application

13. Interpretation - Part 2

14. Application of Part 2, etc.

Chapter 2

Maritime spatial plans

15. Designation of competent authority for purposes of MSP Directive

16. Maritime spatial plans

17. Requirements of maritime spatial planning

18. Public participation on MSPs

19. Laying of MSPs before each House of Oireachtas

Chapter 3

Designated maritime area plans

20. Designation of public bodies who may make DMAPs

21. Proposals for DMAPs

22. Draft DMAPs, etc.

23. Public participation on DMAPs

24. Minister and draft DMAP

25. Laying of DMAPs before each House of Oireachtas

26. Reviews of DMAPs, etc.

Chapter 4

Laying of certain DMAPs before CPAs

27. Laying of certain DMAPs before CPAs

Chapter 5

Amendment of MSPs and DMAPs

28. Amendment of MSPs and DMAPs

Chapter 6

Competent authority (M) and DMAPs

29. Competent authority (M) may make DMAPs

Chapter 7

Public bodies and National Marine Planning Framework

30. Compliance by public bodies

31. Directions of Minister

32. Steps preliminary to deciding whether or not to issue direction under section 31

Chapter 8

Appropriate assessment and strategic environmental assessment

33. Appropriate assessment and strategic environmental assessment

Chapter 8A

Judicial review and MSPs and DMAPs

33A. Judicial review of matters relating to MSPs and DMAPs

33B. Provisions supplementary to section 33A

Chapter 9

Maritime Authorisation Database

34. Definitions - Chapter 9

35. Establishment of Maritime Authorisation Database

36. Data to which Database applies, etc.

37. Correction of Database

38. General power of Minister to obtain information relating to maritime area

39. Delegation by Minister to MARA

PART 3

Maritime Area Regulatory Authority

Chapter 1

Definitions and establishment day

40. Definitions - Part 3

41. Establishment day

Chapter 2

Establishment and functions of Maritime Area Regulatory Authority

42. Establishment of Maritime Area Regulatory Authority

43. Functions of MARA

44. Matters to which MARA shall have regard in performing functions

Chapter 3

Board of MARA

45. Establishment and membership of board of MARA

46. Casual vacancies

47. Functions of Board (M)

48. Membership of either House of Oireachtas or European Parliament, etc.

49. Removal of member of Board (M)

50. Potential conflicts of interest

51. Removal of all members of Board (M)

52. Meetings of Board (M)

53. Committees of Board (M)

54. Ineligibility of holders, etc., for appointment as member

55. Remuneration and expenses of members of Board (M) and committees

Chapter 4

Chief executive officer of MARA

56. Appointment of chief executive officer

57. Resignation, removal or disqualification of chief executive officer

58. Functions of chief executive officer

59. Delegation of functions

60. Accountability of chief executive officer to committees of Houses of Oireachtas

61. Appearance of chief executive officer before Committee of Public Accounts

62. Membership of either House of Oireachtas or European Parliament

63. Acting chief executive officer

Chapter 5

Staff of MARA and other resources available to MARA

64. Staff of MARA, etc.

Chapter 6

Co-operation

65. Provision for co-operation between MARA and public bodies

Chapter 7

Corporate strategy, accounts and annual reports of MARA

66. Corporate strategy of MARA

67. Accounts of MARA

68. Annual report of MARA

Chapter 8

Miscellaneous

69. Duty of MARA to give information

70. Disclosure of confidential information

71. Processing of personal data

72. Powers to specify form of document

73. Immunity from suit

PART 4

Maritime Area Consent

Chapter 1

Interpretation

74. Interpretation - Part 4

Chapter 2

When MAC is required, etc.

75. When MAC is required prior to seeking development permission, etc.

76. When MAC is required but not development permission, etc.

77. Application for declaration as to whether or not MAC is required, etc.

78. Fees for certain applications

Chapter 3

Grant or refusal of MAC and related matters

79. Application for grant of MAC

80. Criteria to which MARA shall have regard in determining MAC application

81. Grant or refusal of MAC

82. Conditions attached to MAC

83. Provisions supplementary to grant of MAC

84. Notification of grant or refusal of MAC, etc.

Chapter 4

Assignment or amendment of MAC

85. Assignment of MAC

86. Material amendment to MAC

87. Resolution of irreconciliation (if any) between MAC and planning permission

Chapter 5

Surrender of MAC

88. Surrender of MAC

89. Determination of application under section 88

Chapter 6

Certain persons who are not individuals may be declared fit and proper

90. MARA may declare person, etc., who is not individual to be fit and proper person

Chapter 7

Levies

91. Definition

92. Levy framework

93. Competitive process

94. When levy framework applies to MAC

Chapter 8

Rehabilitation of maritime area and emergency works

95. Definitions - Chapter 8

96. Obligations on holder of MAC in relation to rehabilitation of maritime area

97. Power of MARA to require holder of MAC to make application under section 86

98. Emergency works in maritime area

Chapter 9

Privately owned part of maritime area

99. Privately owned part of maritime area, etc.

Chapter 10

Special MAC cases

100. Definitions - Chapter 10

101. Relevant maritime usages and MACs before establishment day

102. Provisions supplementary to section 101

103. Certain MSPs and DMAPs and MACs after establishment day

Chapter 11

Keeping of records, etc.

104. Keeping of records and samples, etc., by holder of MAC

Chapter 12

Transitional provisions - foreshore authorisations, unauthorised usages and MACs

105. Transitional provisions for certain foreshore authorisations

106. Transitional provisions for certain unauthorised maritime usages

Chapter 13

Judicial review and MACs

107. Judicial review of matters relating to MAC applications or MACs

108. Provisions supplementary to section 107

109. Judicial review does not prevent applications for development permission

PART 5

Licences authorising certain maritime usages in Maritime Area

Chapter 1

Interpretation, application and competent authority

110. Interpretation - Part 5

111. Application

112. Competent authority

Chapter 2

Grant or refusal of licence and related matters

113. Prohibition against undertaking certain maritime usages in maritime area without licence

114. Exempted usage

115. Application for declaration as to whether or not licence is required, etc.

116. Fees for licences

117. Application for grant of licence

118. Provisions supplementary to section 117

119. Grant or refusal of licence

120. Conditions attached to licence

121. Provisions supplementary to grant of licence

122. Notification of grant or refusal of licence, etc.

Chapter 3

Compensation for exercise of relevant power

123. Compensation for exercise of relevant power

Chapter 4

Assignment or amendment of licence

124. Assignment of licence

125. Material amendment to licence

Chapter 5

Surrender of licence

126. Surrender of licence

127. Determination of application under section 126

Chapter 6

Keeping of records, etc.

128. Keeping of records and samples, etc., by holder of licence

Chapter 7

Transitional provisions - foreshore authorisations, unauthorised usages and licences

129. Transitional provisions for certain foreshore authorisations

130. Transitional provisions for certain unauthorised maritime usages

Chapter 8

Judicial review and licences

131. Judicial review of matters relating to licence applications or licences

132. Provisions supplementary to section 131

133. Costs in environmental matters

PART 6

Enforcement

Chapter 1

Interpretation, application and material change of circumstances

134. Interpretation

135. Application

136. Material change of circumstances

Chapter 2

Appointment and powers of authorised officers

137. Authorised officers of MARA

138. Powers of authorised officers

139. Privileged legal material

Chapter 3

Enforcement notices

140. Circuit Court’s jurisdiction under this Chapter

141. Issue of enforcement notices

142. Application for cancellation of direction specified in enforcement notice, etc.

143. Rules of court

Chapter 3A

Special enforcement notices

143A. Definitions

143B. Issue of special enforcement notices

143C. Application to High Court to confirm revocation of relevant authorisation under section 143B(6)

143D. Rules of court

Chapter 4

Termination of relevant authorisation

144. Automatic termination of relevant authorisation

144A. Termination of relevant authorisation for breach

Chapter 4A

Immediate suspension of relevant authorisation

145. Circumstances in which application may be made to High Court for immediate suspension of relevant authorisation, etc.

Chapter 5

Investigations and sanctions

146. Investigations

147. Actions to be taken by authorised officer and MARA upon completion of investigation

148. Confirmation of High Court required before decision under section 147(4)(a) to impose major sanction takes effect

149. Appeal to High Court against decision to impose major sanction

150. Application to High Court to confirm decision to impose major sanction

151. Provisions supplementary to sections 149 and 150

152. Matters to be considered in determining sanctions to be imposed

153. Protection for persons reporting alleged relevant ground, etc.

Chapter 6

Provisions supplementary to Chapters 4 and 5

154. Effect of termination or revocation of relevant authorisation

155. Effect of suspension of relevant authorisation

156. Notice of revocation or suspension of relevant authorisation to be given to certain bodies

157. No fee, etc., refundable following termination, revocation or suspension of relevant authorisation, etc.

Chapter 7

Offences and related provisions

158. Offences - general

159. False or misleading information

160. Obstruction

161. Evidentiary presumptions

162. Offences by bodies corporate

163. Vicarious liability

164. Summary proceedings

165. Time limit for offences that may only be brought by summary proceedings

166. Costs of prosecutions

Chapter 8

Civil remedies exercisable by holders of relevant authorisations

166A. Rights of action

PART 7

Miscellaneous

167. Definition

168. Disposal of relevant moneys

169. Recovery of relevant moneys

170. Ways of giving notice, etc.

PART 8

Amendment of Planning and Development Act 2000

171. Development in maritime area

172. Classes of development to which Chapter III of Part XXI of Act of 2000 applies

173. Relevant provisions for purposes of sections 309, 312 and 313 of Act of 2000

174. Amendment of certain other provisions of Act of 2000

PART 9

Consequential Amendments

Chapter 1

Amendment of Foreshore Act 1933

175. Application - Act of 1933 and Maritime Area Planning Act 2021

176. Amendment of section 10 of Act of 1933

177. Amendment of section 11 of Act of 1933

178. Amendment of section 12 of Act of 1933

179. Amendment of section 13 of Act of 1933

180. Environmental impact assessments - special cases

181. Amendment of section 18A of Act of 1933

Chapter 2

Amendment of Registration of Title Act 1964

182. Amendment of section 125 of Registration of Title Act 1964

Chapter 3

Amendment of Foreshore (Amendment) Act 1992

183. Definition

184. Application - Act of 1992 and Maritime Area Planning Act 2021

185. Amendment of section 5 of Act of 1992

186. Amendment of section 6 of Act of 1992

Chapter 4

Amendment of Electricity Regulation Act 1999

187. Definition - Chapter 4

188. Amendment of section 2 of Act of 1999

189. Amendment of section 14 of Act of 1999

190. Amendment of section 37 of Act of 1999

SCHEDULE

Maritime Spatial Planning Directive

SCHEDULE 2

Fit and Proper Person

SCHEDULE 3

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

SCHEDULE 4

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

SCHEDULE 5

Criteria that MARA shall have regard to in determining MAC application

SCHEDULE 6

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

PART 1

Types of conditions MARA may attach to MAC

PART 2

Conditions deemed to be attached to MAC

SCHEDULE 7

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

SCHEDULE 8

Types of conditions that MARA may attach to Licence

SCHEDULE 9

Redress for Contravention of section 153(5)

SCHEDULE 10

Insertion of Eighth Schedule of Act of 2000

SCHEDULE 11

Insertion of Ninth Schedule of Act of 2000

SCHEDULE 12

Amendment of certain provisions of Act of 2000


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57)

Arbitration Act 2010 (No. 1)

Civil Service Commissioners Act 1956 (No. 45)

Civil Service Regulation Acts 1956 to 2005

Companies Act 1963 (No. 33)

Companies Act 1990 (No. 33)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Criminal Justice Act 1951 (No. 2)

Dumping At Sea Act 1996 (No. 14)

Electricity Regulation Act 1999 (No. 23)

Electricity Regulation Acts 1999 to 2002

Environmental Protection Agency Act 1992 (No. 7)

Ethics in Public Office Act 1995 (No. 22)

European Parliament Elections Act 1997 (No. 2)

Fisheries (Amendment) Act 1997 (No. 23)

Foreshore (Amendment) Act 1992 (No. 17)

Foreshore Act 1933 (No. 12)

Foreshore Acts 1933 to 2014

Gas Act 1976 (No. 30)

Interpretation Act 2005 (No. 23)

Land Law (Commission) Act 1923 (No. 27)

Land Law Acts

Local Government Act 2001 (No. 37)

Maritime Jurisdiction Act 2021 (No. 28)

Merchant Shipping (Commissioners of Irish Lights) Act 1997 (No. 37)

Merchant Shipping Act 1894 (57 & 58 Vict., c. 60)

Ministers and Secretaries (Amendment) Act 1939 (No. 36)

National Monuments (Amendment) Act 1987 (No. 17)

Petroleum and Other Minerals Development Act 1960 (No. 7)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Planning and Development (Amendment) Act 2018 (No. 16)

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2020

Protected Disclosures Act 2014 (No. 14)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Registration of Title Act 1964 (No. 16)

Roads Act 1993 (No. 14)

Standards in Public Office Act 2001 (No. 31)

State Property Act 1954 (No. 25)

Taxes Consolidation Act 1997 (No. 39)

Unfair Dismissals Act 1977 (No. 10)

Unfair Dismissals Acts 1977 to 2015

Workplace Relations Act 2015 (No. 16)


Number 50 of 2021


MARITIME AREA PLANNING ACT 2021

REVISED

Updated to 1 October 2022


An Act to regulate the maritime area, to achieve such regulation by means of a National Marine Planning Framework, maritime area consents for the occupation of the maritime area for the purposes of maritime usages that will be undertaken for undefined or relatively long periods of time (including any such usages which also require development permission under the Planning and Development Act 2000) and licences for the occupation of the maritime area for maritime usages that are minor or that will be undertaken for relatively short periods of time, to establish a body corporate, the Maritime Area Regulatory Authority, to grant, revoke and suspend such consents and licences, take administrative responsibility for foreshore authorisations and generally oversee the enforcement of this Act in so far as it relates to such consents and licences, to amend the Planning and Development Act 2000 to provide for how that Act will treat applications for development permission which must have a maritime area consent before being made and to provide for consequential amendments to other enactments; and to provide for related matters.

[23rd December, 2021]

Be it enacted by the Oireachtas as follows: