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
Preliminary and General
Section
1. Short title, collective citations, construction and commencement
4. Legal acts of European Union given effect to by this Act
6. Marine planning policy statement
8. Ministerial policy directives
9. Limitation on ministerial powers
Maritime Spatial Plans and Designated Maritime Area Plans
Interpretation and application
14. Application of Part 2, etc.
Maritime spatial plans
15. Designation of competent authority for purposes of MSP Directive
17. Requirements of maritime spatial planning
18. Public participation on MSPs
19. Laying of MSPs before each House of Oireachtas
Designated maritime area plans
20. Designation of public bodies who may make DMAPs
23. Public participation on DMAPs
25. Laying of DMAPs before each House of Oireachtas
Laying of certain DMAPs before CPAs
27. Laying of certain DMAPs before CPAs
Amendment of MSPs and DMAPs
28. Amendment of MSPs and DMAPs
Competent authority (M) and DMAPs
29. Competent authority (M) may make DMAPs
Public bodies and National Marine Planning Framework
30. Compliance by public bodies
32. Steps preliminary to deciding whether or not to issue direction under section 31
Appropriate assessment and strategic environmental assessment
33. Appropriate assessment and strategic environmental assessment
Judicial review and MSPs and DMAPs
33A. Judicial review of matters relating to MSPs and DMAPs
33B. Provisions supplementary to section 33A
Maritime Authorisation Database
35. Establishment of Maritime Authorisation Database
36. Data to which Database applies, etc.
38. General power of Minister to obtain information relating to maritime area
39. Delegation by Minister to MARA
Maritime Area Regulatory Authority
Definitions and establishment day
Establishment and functions of Maritime Area Regulatory Authority
42. Establishment of Maritime Area Regulatory Authority
44. Matters to which MARA shall have regard in performing functions
Board of MARA
45. Establishment and membership of board of MARA
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)
54. Ineligibility of holders, etc., for appointment as member
55. Remuneration and expenses of members of Board (M) and committees
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
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
Staff of MARA and other resources available to MARA
Co-operation
65. Provision for co-operation between MARA and public bodies
Corporate strategy, accounts and annual reports of MARA
66. Corporate strategy of MARA
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
Maritime Area Consent
Interpretation
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
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
82. Conditions attached to MAC
83. Provisions supplementary to grant of MAC
84. Notification of grant or refusal of MAC, etc.
Assignment or amendment of MAC
87. Resolution of irreconciliation (if any) between MAC and planning permission
Surrender of MAC
89. Determination of application under section 88
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
Levies
94. When levy framework applies to MAC
Rehabilitation of maritime area and emergency works
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
Privately owned part of maritime area
99. Privately owned part of maritime area, etc.
Special MAC cases
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
Keeping of records, etc.
104. Keeping of records and samples, etc., by holder of MAC
Transitional provisions - foreshore authorisations, unauthorised usages and MACs
105. Transitional provisions for certain foreshore authorisations
106. Transitional provisions for certain unauthorised maritime usages
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
Licences authorising certain maritime usages in Maritime Area
Interpretation, application and competent authority
Grant or refusal of licence and related matters
113. Prohibition against undertaking certain maritime usages in maritime area without licence
115. Application for declaration as to whether or not licence is required, etc.
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.
Compensation for exercise of relevant power
123. Compensation for exercise of relevant power
Assignment or amendment of licence
125. Material amendment to licence
Surrender of licence
127. Determination of application under section 126
Keeping of records, etc.
128. Keeping of records and samples, etc., by holder of licence
Transitional provisions - foreshore authorisations, unauthorised usages and licences
129. Transitional provisions for certain foreshore authorisations
130. Transitional provisions for certain unauthorised maritime usages
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
Enforcement
Interpretation, application and material change of circumstances
136. Material change of circumstances
Appointment and powers of authorised officers
137. Authorised officers of MARA
138. Powers of authorised officers
139. Privileged legal material
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.
Special enforcement notices
143B. Issue of special enforcement notices
Termination of relevant authorisation
144. Automatic termination of relevant authorisation
144A. Termination of relevant authorisation for breach
Immediate suspension of relevant authorisation
Investigations and sanctions
147. Actions to be taken by authorised officer and MARA upon completion of investigation
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.
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
Offences and related provisions
159. False or misleading information
162. Offences by bodies corporate
165. Time limit for offences that may only be brought by summary proceedings
Civil remedies exercisable by holders of relevant authorisations
Miscellaneous
168. Disposal of relevant moneys
169. Recovery of relevant moneys
170. Ways of giving notice, etc.
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
Consequential Amendments
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
Amendment of Registration of Title Act 1964
182. Amendment of section 125 of Registration of Title Act 1964
Amendment of Foreshore (Amendment) Act 1992
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
Amendment of Electricity Regulation Act 1999
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
Maritime Spatial Planning Directive
Fit and Proper Person
Proposed maritime usages to which section 75(1) shall not apply
Proposed maritime usages to which section 76(1) shall not apply
Criteria that MARA shall have regard to in determining MAC application
Types of conditions that MARA may attach to MAC or that are deemed to be attached to MAC
Types of conditions MARA may attach to MAC
Conditions deemed to be attached to MAC
Maritime Usages which may be undertaken in Maritime Area pursuant to Licence
Types of conditions that MARA may attach to Licence
Redress for Contravention of section 153(5)
Insertion of Eighth Schedule of Act of 2000
Insertion of Ninth Schedule of Act of 2000
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: