Maritime Area Planning Act 2021

171

Development in maritime area

171. The Act of 2000 is amended by the insertion of the following Part:

“PART XXI

Maritime Development

Chapter 1

Preliminary and General

Definitions

278. In this Part, except where the context otherwise requires—

‘development’ means—

(a) the carrying out of any works in the maritime area, or

(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area,

and includes the reclamation of any land in the nearshore area;

‘marine planning policy statement’ has the meaning assigned to it by the Maritime Area Planning Act 2021;

‘public body’ means a body established by or under statute that, for the time being, stands prescribed for the purposes of this Part;

‘Regulations of 2001’ means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

Extension of functional area of coastal planning authority

279.For the purposes of this Act but subject to section 308, the functional area of a coastal planning authority includes the nearshore area of that coastal planning authority, and in this Act references to functional area, administrative area or area of a planning authority shall be construed accordingly.

Chapter II

Certain Development in Nearshore Area

Application of Chapter

280. (1) Subject to subsection (2), this Chapter applies to development situated—

(a) wholly in the nearshore area of a coastal planning authority, or

(b) partly in the nearshore area of a coastal planning authority and partly on land.

(2) This Chapter does not apply to development—

(a) of a class specified in the Eighth Schedule (inserted by section 172 of the Maritime Area Planning Act 2021),

(b) in accordance with—

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933.

Obligation to obtain permission to carry out development

281. (1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 34.

(2) Subject to section 283, a person shall not be eligible to make an application for permission to carry out development to which this Chapter applies, unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land on which it is proposed to carry out the development concerned,

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

(3) An application for permission to carry out development to which this Chapter applies shall be made, under and in accordance with section 34, to the coastal planning authority within whose functional area that part of the nearshore area in which it is proposed to carry out the development is situated.

Consideration by planning authority of application for permission for development

282. (1) Subject to section 283, a planning authority shall neither consider an application for permission under section 34 for development to which this Chapter applies nor grant such permission, unless the applicant for such permission—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(b) is the owner of land on which it is proposed to carry out the development concerned,

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

(2) A coastal planning authority shall, in the performance of its functions under this section and section 34 in relation to a maritime application, have regard to—

(a) the National Marine Planning Framework and the National Planning Framework,

(b) the marine planning policy statement,

(d) guidelines issued under section 28,

(e) any regional, spatial and economic strategy of a regional assembly—

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(f) the development plan of—

(i) the coastal planning authority within whose functional area it is proposed to carry out development to which the application relates, and

(ii) any coastal planning authority whose functional area adjoins the maritime site to which the application relates,

(g) any local area plan applicable to a part of the functional area of any coastal planning authority—

(i) within which it is proposed to carry out development to which the application relates, or

(ii) that adjoins the maritime site to which the application relates,

(h) any submissions or observations made by prescribed bodies or members of the public in relation to the application,

(i) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008¹⁹ establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017²⁰, and any enactment or instrument under an enactment that gives effect thereto,

(j) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014²¹ establishing a framework for maritime spatial planning,

(k) objectives of maritime spatial planning, and

(l) principles of proper planning and sustainable development.

(3) In addition to any conditions that may be attached to a permission in accordance with subsection (4) or (5) of section 34, a coastal planning authority may, when granting permission under that section for development in the nearshore area, attach any or all of the following conditions to the permission:

(a) conditions requiring the carrying out of works for the preservation of any site of archaeological interest or any wreck within the meaning of the National Monuments (Amendment) Act 1987;

(b) conditions requiring the carrying out of such works as the coastal planning authority may specify for the purposes of the development;

(c) for the purpose of ensuring compliance with the terms of the maritime area consent granted for the occupation of the maritime site concerned, conditions regulating the development or use of any part of the maritime area that adjoins that maritime site;

(d) conditions requiring—

(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or

(ii) the carrying out of works for the purpose of such provision, protection or maintenance;

(e) conditions aimed at protecting rights to navigate in the maritime area;

(f) conditions aimed at protecting rights to fish in the maritime area;

(g) conditions for, or in connection with—

(i) the protection of the marine environment (including the protection of fisheries),

(ii) the safety of navigation, or

(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(I) transmitting electricity or telecommunications signals, or

(II) carrying gas, petroleum, oil or water;

(h) conditions requiring the adoption of measures to reduce or prevent the emission of any noise or vibration from any structure or area comprised in the development concerned;

(i) conditions relating to the sequence of, and the times at which, works for the purposes of the development shall be carried out;

(j) conditions requiring, and relating to, the maintenance or management of the proposed development;

(k) conditions requiring the recovery and disposal, in such a manner as may be specified by the coastal planning authority, of construction and demolition waste;

(l) conditions requiring, and relating to—

(i) the removal of any structures authorised by the permission, or

(ii) the discontinuance of any activity so authorised,

upon the expiration of such period as the coastal planning authority may specify, and requiring, and relating to, the carrying out of any works necessary for the reinstatement of the site concerned upon such expiration;

(m) conditions requiring, and relating to, the provision to the coastal planning authority concerned, and maintenance, of adequate financial security for the purpose of ensuring the satisfactory completion of the proposed development;

(n) a condition requiring the person to whom the permission is granted to submit such information, as may be specified by the coastal planning authority, to the coastal planning authority or any other public body prior to commencement of the development concerned.

(4) Paragraph (a) of subsection (2) of section 34 shall not apply in relation to a maritime application.

(5) In this section ‘maritime application’ means—

(a) an application to a coastal planning authority for permission for development wholly within the nearshore area of that coastal planning authority, or

(b) in relation to an application to a coastal planning authority for permission for development partly in the nearshore area of the coastal planning authority and partly on land, the part of the application that relates to permission for development in the said nearshore area.

Effect of bringing of judicial review of maritime area consent on application under section 34 or appeal under section 37

283. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of the decision to grant that consent, be eligible to make an application under section 34 for permission for development to which this Chapter applies.

(2) Where a person makes an application in accordance with this Chapter for permission for development in circumstances to which subsection (1) applies, the coastal planning authority concerned shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by and in accordance with this Chapter in relation to that application for permission as if no such application for judicial review had been made.

(3) Where an application for permission for development made in circumstances to which subsection (1) applies is refused by a coastal planning authority and the applicant for such permission appeals the refusal to the Board under section 37, the Board shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it under this Act in relation to the appeal concerned as if no such application for judicial review had been made.

(4) A permission granted under section 34 or 37 for development to which this Chapter applies in circumstances to which this section applies shall not come into effect unless and until—

(a) final judgment is given—

(i) in relation to the application for judicial review referred to in this section, and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

(b) the application for judicial review referred to in this section is withdrawn.

CHAPTER III

Other Development in Maritime Area

Definitions

284.In this Chapter—

‘material alteration’ means a requested alteration—

(a) that the Board determines, under subparagraph (i) of paragraph (a) of subsection (5) of section 297, is likely to have significant effects on the environment,

(b) in respect of which the Board determines, under subsection (4) of section 177U, that an appropriate assessment is required, or

(c) that the Board determines, under paragraph (b) of the said subsection (5), would otherwise constitute a material alteration of the terms of the permission concerned;

‘prospective applicant’ has the meaning assigned to it by section 287;

‘reasoned conclusion’ has the meaning assigned to it by the Environmental Impact Assessment Directive;

‘requested alteration’ means an alteration of the terms of a permission under section 293 specified in a request made in accordance with subsection (1) of section 297;

‘requesting person’ means a person who makes a request in accordance with subsection (1) of section 297.

Application of Chapter

285. (1) Subject to subsection (2), this Chapter applies to—

(a) development situated—

(i) wholly in the outer maritime area,

(ii) partly in the outer maritime area and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

(iii) partly in the outer maritime area, partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

and partly on land, or

(iv) partly in the outer maritime area and partly on land,

(b) development situated—

(i) wholly in the nearshore areas of more than one coastal planning authority, or

(ii) partly on land and partly in the nearshore areas of more than one coastal planning authority,

and

(i) wholly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

(ii) partly on land and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority.

(2) This Chapter does not apply to development—

(a) in accordance with—

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

(b) consisting of—

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933.

Obligation to obtain permission to carry out development

286. (1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 293.

(2) An application for permission to carry out development to which this Chapter applies shall be made to the Board under section 291.

(3) Subject to section 304, a person shall not be eligible to apply for permission to carry out development to which this Chapter applies unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(b) is the owner of land on which it is proposed to carry out the development concerned,

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

(4) Subject to section 304, the Board shall neither consider an application under section 291 for permission for development to which this Chapter applies nor grant such permission, unless the applicant for such permission—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(b) is the owner of land on which it is proposed to carry out the development concerned,

(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

Consultation with Board prior to application for permission

287. (1) A person (in this Chapter referred to as a ‘prospective applicant’) who—

(a) having regard to subsection (3) of section 286, is eligible to apply for permission to carry out development to which this Chapter applies, and

(b) proposes to make an application under section 291 for such permission,

shall, before making the application, consult with the Board in relation thereto.

(2) The Board may, upon being consulted by a prospective applicant in accordance with subsection (1), provide its opinion to the prospective applicant regarding the making of the application concerned and, in particular, as respects—

(a) the procedures to be followed by the prospective applicant when making the application and by the Board when considering the application,

(b) the documents required to accompany the application,

(c) the need for the prospective applicant to create an internet website for the purpose of publishing the application and all documentation accompanying the application,

(d) the publication of notices in accordance with this Act, the furnishing of documentation to persons referred to in subsection (3) of section 291 and the making of submissions and observations in relation to an application under that section,

(e) such persons as may be prescribed for the purposes of this Chapter,

(f) some or all of the matters that the Board is likely to take into consideration relating to—

(i) the National Marine Planning Framework,

(ii) objectives of maritime spatial planning,

(iii) principles of proper planning and sustainable development, and

(iv) the environment or any European site,

when making a decision under section 293 in relation to the application,

(g) the fees payable to the Board in relation to the making of the application, and

(h) compliance by the prospective applicant with any direction of the Board under subsection (3) of section 291.

(3) The Board may, at any time, conclude a consultation under this section where it considers it appropriate to so do.

Provision supplementing section 287

288. (1) A prospective applicant shall, for the purpose of consulting with the Board in accordance with section 287—

(a) provide the Board with such information as the Board may require for the purpose of enabling the Board to assess the proposed development concerned, and

(b) in the case of proposed development of a class to which Part 2 of Schedule 5 to the Regulations of 2001 applies, provide the Board with such information (where not already provided) in relation to the proposed development as is specified in Schedule 7A to those Regulations.

(2) The performance by the Board of functions under section 287 shall not—

(a) prejudice the performance by it of any of its other functions in relation to the prospective applicant, proposed application or proposed development concerned, or

(b) be relied on by any person—

(i) in relation to an application or request under this Chapter,

(ii) in relation to—

(I) the consideration by the Board of such application or request, or

(II) the making of a decision under this Chapter in respect of such application or request,

(iii) in proceedings before a court relating to, or in connection with, such application, request, consideration or decision.

(3) The Board shall keep a record in writing of every consultation conducted in accordance with section 287, and each such record shall identify the persons who participated in the consultation.

(4) A copy of a record referred to in subsection (3) shall be placed and kept with all documentation relating to the application for permission concerned.

(5) The Board may consult with any person who, in the opinion of the Board, is likely to be in possession of information that might have a bearing on matters to which the consultation relating to the proposed development concerned applies.

Screening for environmental impact assessment in respect of proposed development

289. (1) Section 176A shall apply to proposed development to which this Chapter applies as if—

(a) references to a planning authority, the planning authority (other than in subparagraph (i) of paragraph (b) of subsection (4)) or the authority were construed as references to the Board,

(b) the following subsection was inserted:

‘(1B) The Board shall not consider an application under this section in respect of proposed development to which Chapter III of Part XXI applies, unless the applicant—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(b) is the owner of land on which it is proposed to carry out the development concerned,

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.’,

(d) the words ‘in whose area the development would be situated’ in paragraph (b) of subsection (2) were deleted.

(2) Section 176B shall apply to proposed development to which this Chapter applies as if—

(a) references to a planning authority, the planning authority or the authority were construed as references to the Board,

(b) paragraph (ii) of subsection (4) was deleted, and

(i) the following paragraph was substituted for paragraph (b) of subsection (5):

‘(b) in a national newspaper.’,

and

(ii) paragraph (i) was deleted.

(3) Section 176C shall not apply to proposed development to which this Chapter applies.

Opinion of Board on information to be contained in environmental impact assessment report

290. (1) A prospective applicant may, in relation to proposed development to which this Chapter applies, request the Board to give to him or her an opinion in writing on the scope of the information and the extent of detail that should be set out in an environmental impact assessment report.

(2) Upon receipt by the Board of a request referred to in subsection (1), the Board shall—

(a) consult with the prospective applicant and such other persons as may be prescribed for the purpose of this section, and

(b) after considering the information provided to the Board by the prospective applicant, in particular in relation to—

(i) the specific characteristics of the proposed development, including its location and technical capacity (within the meaning of paragraph 2 of Article 5 of the Environmental Impact Assessment Directive), and

(ii) the likely effects of the proposed development on the environment,

comply with the request as soon as is practicable.

(3) A prospective applicant shall give the Board such information in relation to the proposed development as the Board may reasonably require for the purpose of enabling it to comply with subsection (2).

(4) An environmental impact assessment report shall—

(a) take account of an opinion provided to the applicant concerned in accordance with this section, and

(b) contain such information (including such information as is specified in the said opinion) as is reasonably necessary to enable the Board to come to a reasoned conclusion with regard to the likely effects of the proposed development concerned on the environment.

(5) The provision of an opinion under this section shall not prejudice the performance by the Board of any of its functions under this Act.

(6) An opinion provided under this section may not be relied upon in relation to the making of an application under this Chapter or the bringing of any proceedings before a court.

Application to Board

291. (1) An application for permission for development to which this Chapter applies shall be made to the Board, and shall—

(a) be accompanied by—

(i) the prescribed fee, and

(ii) such information, plans and drawings as may be prescribed,

(b) if required by the Board, be accompanied by either—

(i) an environmental impact assessment report, or

(ii) the information in relation to the proposed development specified in Schedule 7A to the Regulations of 2001,

and

(i) a Natura impact statement, or

(ii) a screening statement for appropriate assessment in relation to the proposed development.

(2) The Board may refuse to consider an application under this section where it is of the opinion that—

(a) the application,

(b) the environmental impact assessment report or the information specified in Schedule 7A to the Regulations of 2001 in relation to environmental impact assessment, as the case may be, or

is inadequate or incomplete having regard, in particular, to the permission regulations or other regulations under this Act.

(3) A person shall, before applying for permission for development under this section—

(a) publish a notice in at least one national newspaper and such other newspapers (if any) as the Board may specify—

(i) stating—

(I) the nature and location of the proposed development,

(II) that the person proposes to make an application to the Board for permission for the proposed development,

(III) where applicable, that an environmental impact assessment report has been prepared in respect of the proposed development,

(IV) where applicable, that a Natura impact statement has been prepared in respect of the proposed development,

(V) where applicable, that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention,

(VI) that—

(A) a copy of the application,

(B) a copy of any such environmental impact assessment report, and

has been published on the internet website created by him or her for the purpose of the application, and may be inspected free of charge or purchased on payment of such fee (which shall not be more than the reasonable cost of making such copy or copies) as may be specified in the notice at such times and places and during such period (which shall not be less than eight weeks) as is specified in the notice,

(ii) inviting the making, during the period referred to in clause (VI) of subparagraph (i), of submissions and observations to the Board relating to—

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment or any European site of the proposed development,

if carried out, and

(iii) specifying the types of decision that the Board is permitted to make under section 293 in relation to the application,

(b) if directed by the Board, send—

(i) a prescribed number of copies of the application,

(ii) a copy of any environmental impact assessment report, and

(iii) a copy of any Natura impact statement,

to each of the following:

(I) the Environmental Protection Agency;

(II) the Minister;

(III) the Minister for Agriculture, Food and the Marine;

(IV) the Minister for the Environment, Climate and Communications;

(V) any coastal planning authority within—

(A )whose nearshore area, or

(B) any other part of whose functional area,

it is proposed that the development would (in whole or in part) be situated;

(VI) any coastal planning authority—

(A) whose nearshore area, or

(B) any other part of whose functional area,

adjoins that part of the maritime area in which it is proposed that the development would (in whole or in part) be situated,

(i) a prescribed number of copies of the application,

(ii) a copy of any environmental impact assessment report,

(iii) a copy of any Natura impact statement, and

(iv) a notice stating that submissions or observations may, during the period referred to in clause (VI) of subparagraph (i) of paragraph (a), be made in writing to the Board in relation to—

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment or any European site of the proposed development,

and

(d) if directed by the Board, in the case of proposed development that is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, send to each such Member State or state—

(i) such number of copies of the application as may be prescribed,

(ii) a copy of any environmental impact assessment report, and

(iii) a notice stating that submissions or observations may, during the period referred to in clause (VI) of subparagraph (i) of paragraph (a), be made in writing to the Board in relation to—

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III)the likely effects on the environment of the proposed development.

(4) A coastal planning authority—

(a) within—

(i) whose nearshore area, or

(ii) any other part of whose functional area,

it is proposed that the development concerned would (in whole or in part) be situated, or

(b) whose nearshore area, or any other part of whose functional area, adjoins that part of the maritime area in which it is proposed that the development concerned would (in whole or in part) be situated,

may, not later than 10 weeks (or such longer period as may be specified by the Board) from the making of the application under this section in respect of the proposed development, prepare and submit to the Board a report setting out the views of the coastal planning authority in relation to the proposed development, having regard in particular to the matters to which a coastal planning authority is required to have regard in accordance with subsection (2) of section 34 and subsection (2) of section 282 in relation to an application referred to in subsection (3) of section 281.

(5) The Board may, in addition to a report referred to in subsection (4), require a coastal planning authority to which that subsection applies or any planning authority on whose functional area the proposed development is, in the opinion of the Board, likely to have a significant effect to furnish to the Board such information as the Board may specify in relation to—

(a) the implications of the proposed development for maritime spatial planning,

(b) the implications of the proposed development for proper planning and sustainable development in the functional area concerned, and

(6) The chief executive of a coastal planning authority shall, before that coastal planning authority submits a report to the Board under subsection (4) in relation to a proposed development, submit the report to the members of the coastal planning authority and request their views on the proposed development.

(7) The members of a coastal planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the coastal planning authority under subsection (4) and, where those members so decide—

(a) those recommendations, and

(b) a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development,

shall be attached to the report submitted to the Board under that subsection.

Provision supplementing section 291

292. (1) The Board may, before making a decision under section 293 in respect of an application under section 291—

(a) require the applicant to submit, within such period as the Board may specify, such further information (which may include a revised environmental impact assessment report or Natura impact statement) as the Board may specify,

(b) inform the applicant that it is considering granting such permission, subject to the applicant’s submitting such revised particulars, plans or drawings in relation to the development as the Board may specify,

(i) the applicant for permission,

(ii) any person who made submissions or observations in relation to the application, or

(iii) any other person who, in the opinion of the Board, is likely to have information that might have a bearing on the consideration by the Board of the application,

(d) without prejudice to subsections (2) and (3) —

(i) make any information relating to the application available for inspection by members of the public at its offices during normal office hours,

(ii) notify (in such manner as it considers appropriate) any person or the public that the information is being made so available, and

(iii) invite further submissions or observations in relation to the application to be made to it within such period as it may specify.

(2) Where, in accordance with a requirement under paragraph (a) of subsection (1), an applicant submits a revised environmental impact assessment report, revised Natura impact statement, further information or revised particulars, plans or drawings to the Board that, in the opinion of the Board, contains or contain significant additional information on the effects of the proposed development on the environment or a European site, the Board shall—

(a) make any such revised report or statement, information, particulars, plans or drawings available for inspection by members of the public at its offices during normal office hours,

(b) publish in such manner as it considers appropriate a notice informing the public that any such report, statement, information, particulars, plans or drawings are being so made available, and

(c) invite further submissions or observations in relation to the application to be made to it within such period as it may specify.

(3) The Board may, before making a decision under section 293 in respect of an application under section 291, invite—

(a) the Maritime Area Regulatory Authority,

(b) any coastal planning authority to whom copies of the application for permission concerned were sent in accordance with a direction under paragraph (b) of subsection (3) of section 291,

(d) the Minister,

(e) the Minister for Agriculture, Food and the Marine, or

(f) the Minister for the Environment, Climate and Communications,

to make submissions or observations in relation to the application within such period (which shall not be less than 3 weeks from the date of the invitation) as may be specified by the Board.

(4) When making a decision under section 293 in respect of an application under section 291, the Board shall have regard to any submissions or observations made in accordance with an invitation under subsection (1), (2) or (3).

(5) The Board may, at any time after the expiration of the period within which submissions or observations may be made pursuant to—

(a) a notice or an invitation in a notice under section 291, or

(b) an invitation under this section,

whichever occurs later, make a decision under section 293 in relation to the application.

(6) (a) The making of submissions or observations by the Maritime Area Regulatory Authority under this section shall not prejudice the performance by it of any of its other functions.

(b) The making of submissions or observations by a coastal planning authority under this section shall not prejudice the performance by it of any of its other functions.

(c) The making of submissions or observations by the Environmental Protection Agency under this section shall not prejudice the performance by it of any of its other functions.

(d) The making of submissions or observations by the Minister, the Minister for Agriculture, Food and the Marine or the Minister for the Environment, Climate and Communications under this section shall not prejudice the performance by that Minister of the Government of any of his or her other functions.

(7) Where an applicant for permission under this Chapter fails or refuses to comply with paragraph (a) of subsection (1), the application concerned is deemed to have been withdrawn.

Decision by Board in respect of application under section 291

293. (1) When making a decision in respect of an application under section 291, the Board may consider—

(a) any information before it that it considers relevant to the application, and

(b) any other matter to which, by virtue of this Act, it is permitted to have regard.

(2) (a) Subject to paragraph (b), the Board shall not grant a permission under this section that would materially contravene the National Marine Planning Framework or a maritime spatial plan.

(b) The Board may grant a permission under this section that would materially contravene the National Marine Planning Framework or a maritime spatial plan if it is satisfied that—

(i) the proposed development is of strategic, economic or social importance to the State, and

(ii) the National Marine Planning Framework or the maritime spatial plan, as the case may be, contains objectives that conflict with one another or that are ambiguous with regard to their application to the proposed development.

(3) Without prejudice to the generality of subsection (1), the Board shall, in the making of a decision in relation to an application under section 291, have regard to—

(a) the marine planning policy statement,

(b) guidelines issued under section 7 of the Maritime Area Planning Act 2021,

(d) any regional, spatial and economic strategy of a regional assembly—

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(e) the development plan of any coastal planning authority—

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(f) any local area plan applicable to a part of the functional area of any coastal planning authority—

(i) within which it is proposed to carry out development to which the application relates, or

(ii) that adjoins the maritime site to which the application relates,

(g) any submissions or observations made in relation to the application for permission concerned—

(i) by prescribed bodies,

(ii) by members of the public, or

(iii) pursuant to and in accordance with a notice referred to in paragraph (c) or (d) of subsection (3) of section 291,

(h) any—

(i) environmental impact assessment report,

(ii) information specified in Schedule 7A of the Regulations of 2001,

(iii) Natura impact statement, or

(iv) screening statement in relation to appropriate assessment in respect of the proposed development,

accompanying the application for permission,

(i) the likely effects of the proposed development on the environment or any European site,

(j) any submissions or observations from—

(i) the Maritime Area Regulatory Authority,

(ii) the Environmental Protection Agency,

(iii) the Minister,

(iv) the Minister for Agriculture, Food and the Marine,

(v) the Minister for the Environment, Climate and Communications, or

(vi) a coastal planning authority—

(I) within whose functional area it is proposed to carry out development to which the application relates, or

(II) whose functional area adjoins the maritime site to which the application relates,

(k) any report prepared or recommendation made in relation to the application for permission in accordance with section 146,

(l) any recommendation or record referred to in subsection (7) of section 291 in relation to the application for permission,

(m) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008²², and any enactment or instrument under an enactment that gives effect thereto,

(n) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014²³,

(o) objectives of maritime spatial planning, and

(p) principles of proper planning and sustainable development.

(4) The Board may, in respect of an application for permission under section 291—

(a) grant the permission subject to such modifications (if any) to the proposed development as it may specify,

(b) grant the permission in respect of part of the proposed development concerned subject to such modifications (if any) to that part as it may specify, or

and the Board may attach such conditions to a permission granted under paragraph (a) or (b) as it considers appropriate.

(5) Where the Board decides to grant permission under this section for development that consists, or is for the purpose, of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not attach conditions to that permission that would be for the purpose of—

(a) controlling, preventing or limiting emissions resulting from the activity, or

(b) controlling emissions related to, or consequential on, the cessation of the activity.

(6) The Board may refuse permission for proposed development that consists, or is for the purpose, of an activity for which—

(a) a licence under Part IV of the Environmental Protection Agency Act 1992, or

(b) an authorisation under the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007),

is required (whether or not such licence or authorisation has been granted), if it is satisfied that the proposed development would not be consistent with objectives of maritime spatial planning or principles of proper planning and sustainable development.

(7) Without prejudice to the generality of subsection (4), the Board may attach any one or more of the following conditions to a permission for development under this section:

(a) conditions requiring the carrying out of works for the preservation of any site of archaeological interest or any wreck within the meaning of the National Monuments (Amendment) Act 1987;

(b) conditions requiring the carrying out of such works as the Board may specify for the purposes of the development;

(d) conditions requiring—

(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or

(ii) the carrying out of works for the purpose of such provision, protection or maintenance;

(e) conditions aimed at protecting rights to navigate in the maritime area;

(f) conditions aimed at protecting rights to fish in the maritime area;

(g) conditions for or in connection with—

(i) the protection of the marine environment (including the protection of fisheries),

(ii) the safety of navigation, or

(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(I) transmitting electricity or telecommunications signals, or

(II) carrying gas, petroleum, oil or water;

(h) conditions requiring the adoption of measures to reduce or prevent the emission of any noise or vibration from any structure or area comprised in the development authorised by the permission;

(i) conditions relating to the sequence of, and the times at which, works for the purposes of the development may be carried out;

(j) conditions requiring, and relating to, the maintenance or management of the proposed development;

(k) conditions requiring the recovery or disposal of construction and demolition waste in such manner as may be specified by the Board;

(l) conditions requiring, and relating to—

(i) the removal of any structures authorised by the permission, or

(ii) the discontinuance of any activity so authorised,

upon the expiration of such period as the Board may specify, and requiring, and relating to, the carrying out of any works necessary for the reinstatement of the site concerned upon such expiration;

(m) a condition requiring the applicant to submit such information, as may be specified by the Board, to—

(i) the Maritime Area Regulatory Authority,

(ii) such coastal planning authority as may be specified by the Board, or

(iii) any such other public body as may be specified by the Board,

prior to commencement of the development concerned;

(n) a condition requiring—

(i) the construction, or the financing (in whole or in part) of the construction, of a facility that, in the opinion of the Board, would provide a substantial gain to the community, or

(ii) the provision, or the financing (in whole or in part) of the provision, of a service that, in the opinion of the Board, would provide such a gain,

in the area in which it is proposed to carry out the development;

(o) conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the functional area of any coastal planning authority in which the development concerned is (in whole or in part) proposed to be situated; and

(p) any condition that may be attached to a permission in accordance with subsection (4) of section 34.

(8) A condition attached to a permission in accordance with paragraph (n) of subsection (7) shall not require such an amount of financial resources to be committed for the purposes of compliance with the condition as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.

(9) (a) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the nearshore area of a coastal planning authority, attach to that permission a condition that the person who carries out the development agree matters of detail with the coastal planning authority and the Board relating to compliance with the permission, and if agreement cannot be reached in relation to any such matter by that person with the coastal planning authority and the Board within such period as may be specified in the condition, the Board shall determine the matter.

(b) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the outer maritime area, attach to that permission a condition that the person who carries out the development agree matters of detail with the Board relating to compliance with the permission, and if agreement cannot be reached in relation to any such matter by that person with the Board within such period as may be specified in the condition, the Board shall determine the matter.

Provision supplementing section 293

294. (1) The Board shall send a copy of a decision under section 293 to—

(a) the applicant for permission,

(b) the Maritime Area Regulatory Authority,

(i) within whose functional area it is proposed to carry out the development concerned, or

(ii) whose functional area adjoins the maritime site in which it is proposed to carry out the development concerned,

and

(d) any person, Member State of the European Union or other state that made submissions or observations in relation to the application for permission,

and the said copy shall be accompanied by a document containing a statement of the matters referred to in subsection (3).

(2) (a) The Board shall, as soon as may be, cause to be published on its internet website and in at least one national newspaper a notice informing the public of a decision under section 293.

(b) The notice referred to in paragraph (a) shall state that a person may, in accordance with section 50, question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(c) The notice referred to in paragraph (a) shall specify where information relating to the making of an application referred to in paragraph (b) may be obtained.

(3) The document referred to in subsection (1) shall—

(a) state the main reasons and considerations on which the decision is based,

(b) where conditions are imposed in relation to the grant of any permission, state the reasons for the imposition of any such conditions,

(c) in the case of a decision (whether to grant or refuse permission) of the Board that conflicts with a recommendation in a report under section 146 in relation to the application for permission, state the reasons for not following that recommendation,

(d) in the case of a permission to which the Board (after having considered an environmental impact assessment report or Natura impact statement) has, for environmental reasons, attached a condition that conflicts with a recommendation in a report under section 146 in relation to the application for permission, state the reason for not following that recommendation,

(e) in relation to the grant or refusal of any permission, state that the Board is satisfied that the reasoned conclusion regarding the effects on the environment of the development concerned was up to date at the time of the decision,

(f) state the sum payable by the applicant to the Board for the purpose of contributing to the cost to the Board of—

(i) its consulting with the applicant under section 287,

(ii) its acceding to a request by the applicant for an opinion under section 290, and

(iii) its performing functions under section 293 in relation to the application under section 291,

and

(g) state the sum payable by the applicant to—

(i) the Maritime Area Regulatory Authority,

(ii) any coastal planning authority, or

(iii) any other person,

for the purpose of contributing to the cost incurred as a result of the performance of functions in relation to the application by any or all of the foregoing.

(4) A copy of a decision referred to in subsection (1) shall contain—

(a) a summary of—

(i) the outcome of any consultation that took place in relation to the application concerned, and

(ii) the manner in which the matters (if any) agreed during such consultation were taken account of in the decision or otherwise addressed,

(b) a summary of the information collected during the carrying out of an environmental impact assessment in relation to the application, and

(c) a summary of any submissions or observations of a Member State of the European Union or a state that is a party to the Transboundary Convention in relation to the application.

(5) The cost to the Board referred to in paragraph (f) of subsection (3) is the cost incurred by the Board less the prescribed fee (referred to in paragraph (a) of subsection (1) of section 291), or any part thereof, paid to the Board by or on behalf of the applicant.

(6) A permission granted under section 293 shall not come into effect unless and until all sums referred to in paragraphs (f) and (g) of subsection (3) payable by the applicant have been paid.

(7) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a statement referred to in paragraph (f) of subsection (3), the Board may recover the sum as a simple contract debt in any court of competent jurisdiction.

(8) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a statement referred to in paragraph (g) of subsection (3), the Maritime Area Regulatory Authority, the coastal planning authority concerned or any other person to whom the sum is owed, as the case may be, may recover the sum as a simple contract debt in any court of competent jurisdiction.

(9) A person shall not be entitled to carry out development to which this Chapter applies solely by reason of a grant of permission under section 293.

Period within which decision under section 293 to be made

295. (1) Subject to this section, a decision under section 293 in relation to an application under section 291 shall be made not later than—

(a) 18 weeks from—

(i) the expiration of the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of subsection (3) of section 291,

(ii) the day on which the Board receives further information from the applicant for permission pursuant to a requirement under paragraph (a) of subsection (1) of section 292, or

(iii) the conclusion of an oral hearing in relation to the application for permission concerned in accordance with section 305,

whichever occurs latest, or

(b) the expiration of such other period as the Minister may prescribe either generally or with respect to any particular class of application.

(2) Where the Board is of the opinion that it would not be possible or appropriate, by reason of the existence of special circumstances in relation to the application concerned, for the Board to comply with subsection (1), the Board shall, by notice in writing served on—

(a) the applicant for permission,

(b) the Maritime Area Regulatory Authority,

(i) within whose functional area it is proposed to carry out the development concerned, or

(ii) whose functional area adjoins the maritime site in which it is proposed to carry out the development concerned,

and

(d) any other person who made submissions or observations in relation to the application before the expiration of the period within which those submissions or observations were required to be made pursuant to—

(i) a notice or an invitation in a notice under section 291, or

(ii) an invitation under section 292,

state the reason for that opinion and specify the date by which the Board intends to make a decision under section 293 in relation to the application, and the Board shall make all such efforts as are reasonably necessary or expedient to ensure that it makes the decision by that date.

(3) Where the Minister considers it necessary or expedient that decisions under section 293, in relation to applications under section 291 of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of its or their being of special strategic, economic or social importance to the State, he or she may give a direction to the Board to give priority to the making of such decisions, and the Board shall comply with any such direction.

(4) The Board shall, in each report made under section 118, include—

(a) a statement of the number of decisions under section 293 that it has made in compliance with a direction under subsection (3) during the year to which the report relates, and

(b) such other information as the Minister may direct relating to the time within which such decisions were made.

Discussions with Board prior to application for alteration of development in maritime area

296. (1) A person who intends to make a request under section 297 may, before making that request, apply to the Board for the Board’s consent to the person’s consulting with the Board in relation to the intended request.

(2) The Board may, in any consultation with a person in relation to an intended request under section 297, advise the person in relation to—

(a) the making of the request, and

(b) the considerations with regard to—

(i) objectives of maritime spatial planning,

(ii) principles of proper planning and sustainable development, and

(iii) the protection of the environment or any European site,

that are likely to have a bearing on its decision in relation to the request.

(3) The Board shall prepare and maintain a record in writing of each consultation to which this section applies.

(4) The performance by the Board of functions under this section shall not—

(a) prejudice the performance by it of any of its other functions in relation to the requesting person, requested alteration or development concerned, or

(b) be relied on by any person in relation to an application or request under this Chapter or in proceedings before a court relating to such application or request.

Request for alteration of terms of permission to which this Chapter applies

297. (1) A person who has commenced or intends to commence development in the maritime area in accordance with a permission under section 293 may make a request (other than a request to extend the period for which such a permission shall have effect) to the Board to alter the terms of a permission under section 293.

(2) (a) A request under subsection (1) shall—

(i) be accompanied by—

(I) a document in writing specifying the particulars of the requested alteration,

(II) such plans or drawings relating to the requested alteration as the Board may specify,

(III) such other information (if any) as the Board may specify in the course of any consultation under section 296 relating to the requested alteration, and

(IV) such fee as may be prescribed,

(ii) if required by the Board, be accompanied by the information specified in Schedule 7A to the Regulations of 2001 in relation to the requested alteration,

(iii) if required by the Board, be accompanied by an environmental impact assessment report prepared in respect of the requested alteration, and

(iv) if required by the Board, be accompanied by a Natura impact statement prepared in respect of the requested alteration.

(b) A requesting person may submit any one or more of the following documents with a request under subsection (1):

(i) the information specified in Schedule 7A to the Regulations of 2001 in relation to the requested alteration even if not the subject of a requirement to which subparagraph (ii) of paragraph (a) applies;

(ii) such information as the requesting person considers the Board might require to enable it to carry out a screening for appropriate assessment in respect of the requested alteration in accordance with section 177U,

(iii) an environmental impact assessment report prepared in respect of the requested alteration even if not the subject of a requirement to which subparagraph (iii) of paragraph (a) applies;

(iv) a Natura impact statement prepared in respect of the requested alteration even if not the subject of a requirement to which subparagraph (iv) of paragraph (a) applies.

(3) A requesting person shall provide the Board with such information (additional to any information provided in accordance with subsection (2)) as the Board may reasonably require for the purposes of its functions under this section.

(4) The Board may, for the purposes of its making a determination under subsection (5), invite such persons, or persons belonging to such class or classes (including the public) of persons, as the Board considers appropriate, to make observations and submissions in relation to the requested alteration concerned, and the Board shall, in the performance of its functions under that subsection, have regard to any such observations or submissions.

(5) (a) The Board shall, not later than eight weeks after it has received the relevant materials—

(i) determine whether or not the requested alteration is likely to have significant effects on the environment, and

(ii) make a determination under subsection (4) or (5) of section 177U in relation to the requested alteration.

(b) Where the Board—

(i) determines under subparagraph (i) of paragraph (a) that the requested alteration is not likely to have significant effects on the environment, and

(ii) makes a determination under subsection (5) of section 177U in relation to the requested alteration,

it shall forthwith determine whether or not the requested alteration would otherwise constitute a material alteration of the terms of the permission concerned.

(c) A determination under subparagraph (i) of paragraph (b) or referred to in subparagraph (ii) of that paragraph, and the reasons therefor, shall be published by the Board on its internet website as soon as practicable after the making of such determination.

(d) In this subsection ‘relevant materials’ means—

(i) the requested alteration,

(ii) the document referred to in clause (I) of subparagraph (i) of paragraph (a) of subsection (2),

(iii) plans or drawings referred to in clause (II) of that subparagraph,

(iv) any information referred to in clause (III) of that subparagraph,

(v) any information, report or statement that was the subject of a requirement referred to in subparagraph (ii), (iii) or (iv) of the said paragraph (a),

(vi) any document submitted in accordance with paragraph (b) of subsection (2), and

(vii) in relation to the performance by the Board of its functions under, or referred to in, paragraph (a) or (b) of this subsection, any submissions or observations made pursuant to an invitation under subsection (4).

(6) (a) Where a requested alteration is a material alteration by virtue of a determination of the Board under subparagraph (i) of paragraph (a) of subsection (5) that the requested alteration is likely to have significant effects on the environment, the Board shall publish that determination and the reasons therefor on its internet website as soon as practicable after the making of the determination and, by notice in writing—

(i) inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor, and

(ii) require the requesting person to prepare, and submit to the Board (if not already submitted), an environmental impact assessment report in relation to the requested alteration in accordance with section 301.

(b) Where a requested alteration is a material alteration by virtue of a determination of the Board under subsection (4) of section 177U, the Board shall publish that determination and the reasons therefor on its internet website as soon as practicable after the making of the determination and, by notice in writing—

(i) inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor, and

(ii) require the requesting person to prepare, and submit to the Board (if not already submitted), a Natura impact statement in relation to the requested alteration in accordance with Part XAB.

(c) Where a requested alteration is a material alteration by virtue of a determination of the Board under paragraph (b) of subsection (5), the Board shall, by notice in writing, inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor.

(7) A requesting person shall comply with a requirement under paragraph (a) or (b) of subsection (6) within such period as may be specified in the notice under that paragraph.

(8) If a requesting person fails or refuses to comply with subsection (7), his or her request under subsection (1) is deemed to have been withdrawn.

Alteration, other than material alteration, of terms of permission

298. Where the Board makes a determination under paragraph (b) of subsection (5) of section 297 that a requested alteration would not constitute a material alteration of the terms of a permission, it shall—

(a) make the requested alteration,

(b) publish a notice of the making of the requested alteration in at least one national newspaper and on its internet website, and

(i) the requesting person;

(ii) the Maritime Area Regulatory Authority;

(iii) any planning authority—

(I) within whose functional area it is proposed that the development to which the permission concerned relates would be situated, or

(II) whose functional area adjoins the maritime site in which it is proposed that the development to which the permission concerned relates would be situated;

and

(iv) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under subsection (4) of section 297.

Material alteration of terms of permission

299. (1) The Board may, in relation to a requested alteration that is a material alteration—

(a) make the requested alteration of the terms of the permission concerned,

(b) make the requested alteration of the terms of the permission concerned subject to such modifications as the Board considers appropriate, or

in this section referred to as a ‘decision’.

(2) The Board shall, in the performance of its functions under subsection (1), have regard to—

(a) any environmental impact assessment report submitted to the Board under paragraph (a) of subsection (1) of section 302 and any subsequent reasoned conclusion of the Board, relating to the requested alteration concerned, and any submissions or observations made in relation thereto in accordance with a notice under paragraph (c), (d) or (e) of that subsection,

(b) any Natura impact statement submitted to the Board under paragraph (a) of subsection (2) of section 302 and any subsequent determination under section 177V, relating to the requested alteration concerned, and any submissions or observations made in relation thereto in accordance with a notice under paragraph (c) or (d) of that subsection,

(d) the National Planning Framework,

(e) the marine planning policy statement,

(f) any regional, spatial and economic strategy of a regional assembly—

(i) within whose functional area it is proposed to carry out development to which the requested alteration relates, or

(ii) whose functional area adjoins the maritime site to which the requested alteration relates,

(g) the development plan of any coastal planning authority—

(i) within whose functional area it is proposed to carry out development to which the requested alteration relates, or

(ii) whose functional area adjoins the maritime site to which the requested alteration relates,

(h) any local area plan applicable to a part of the functional area of any coastal planning authority—

(i) within which it is proposed to carry out development to which the requested alteration relates, or

(ii) that adjoins the maritime site to which the requested alteration relates,

(i) any social or economic benefit that would likely accrue to the State or a part of the State by virtue of the requested alteration,

(j) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014²⁴,

(k) objectives of maritime spatial planning,

(l) principles of proper planning and sustainable development,

(m) contractual commitments entered into by the requesting person in relation to the development concerned,

(n) the extent to which the development has already been advanced (if at all) in accordance with the permission granted in respect thereof under section 293, and

(o) relevant materials within the meaning of subsection (5) of section 297.

(3) The Board may attach conditions to an alteration under this section of the terms of a permission under section 293.

(4) (a) The Board shall, as soon as may be after compliance by the requesting person with section 302 but not before the expiration of the period specified in the notice referred to in paragraph (c) of subsection (1) of that section, make a decision under this section in respect of a requested alteration that it has determined under subparagraph (i) of paragraph (a) of subsection (5) of section 297 is likely to have significant effects on the environment.

(b) The Board shall, as soon as may be after compliance by the requesting person with section 302 but not before the expiration of the period specified in the notice referred to in paragraph (c) of subsection (2) of that section, make a decision under this section in respect of a requested alteration to which a determination under subsection (4) of section 177U applies.

(i) it has been provided with information in accordance with section 297, or

(ii) it has been provided with information in accordance with a requirement under subsection (5),

whichever occurs later, make a decision under this section in respect of a requested alteration that it has determined under paragraph (b) of subsection (5) of section 297 would constitute a material alteration of the terms of the permission concerned.

(5) A requesting person shall provide the Board with such information (additional to any information provided in accordance with section 297) as the Board may reasonably require for the purposes of its functions under this section.

(6) Where the Board makes a decision under this section, it shall—

(a) publish—

(i) in at least one national newspaper, and

(ii) on its internet website,

a notice of the decision,

(b) make the decision available for inspection at its offices during normal office hours,

(c) in circumstances where the requesting person was required under subsection (6) of section 297 to prepare an environmental impact assessment report in relation to the requested alteration, inform—

(i) the persons to whom copies of that report were sent in accordance with paragraph (d) of subsection (1) of section 302, of the decision, and

(ii) any Member State of the European Union and any other state to which that report was sent in accordance with paragraph (e) of subsection (1) of section 302, of the decision,

and

(d) in circumstances where the requesting person was required under subsection (6) of section 297 to prepare a Natura impact statement in relation to the requested alteration, inform the persons to whom copies of that statement were sent in accordance with paragraph (c) of subsection (2) of section 302, of the decision.

(7) A decision under this section shall—

(a) state the main reasons for the decision, and

(b) where the decision does not follow a recommendation in relation to the requested alteration made in a report prepared in accordance with section 146, state the reasons for not following that recommendation.

(8) The Board may attach such conditions (if any) as it considers appropriate to the alteration of the terms of a permission made under this section, and where it so attaches a condition to such alteration—

(a) for reasons resulting from a consideration by the Board of an environmental impact assessment report or a Natura impact statement, or

(b) that is not consistent with a recommendation in such statement or in a report prepared in accordance with section 146,

the decision under paragraph (a) or (b) of subsection (1) shall state the reasons for attaching that condition.

Request for opinion of Board with regard to environmental impact assessment

300. (1) The Board shall, on the request of—

(a) a person who has commenced or intends to commence development in the maritime area in accordance with a permission under section 293, or

(b) a requesting person of whom a requirement under paragraph (a) of subsection (6) of section 297 is made,

give such person or requesting person its opinion on the scope and content of an environmental impact assessment report in relation—

(i) in the case of a person to whom paragraph (a) applies, to an alteration of the terms of a permission under section 293 in respect of which he or she proposes to make a request under subsection (1) of section 297, or

(ii) in the case of such requesting person, to a requested alteration.

(2) A requesting person shall give the Board such information in relation to the requested alteration as the Board may reasonably require for the purpose of enabling it to comply with subsection (1).

Environmental impact assessment report in accordance with requirement under section 297

301. An environmental impact assessment report prepared in accordance with a requirement under subsection (6) of section 297 shall—

(a) contain such information (if any) as is required under this Act to be included in an environmental impact assessment report,

(b) contain the information specified in paragraph 1 of Article 5 of the Environmental Impact Assessment Directive,

(c) contain a summary of the information referred to in paragraphs (a) and (b) expressed in language that could reasonably be considered to be easily comprehensible to an ordinary member of the public, and

(d) take account of any opinion given by the Board under section 300 pursuant to a request made under that section by the person by, or on whose behalf, the report is prepared.

Submission and notification of environmental impact assessment report and Natura impact statement

302. (1) The requesting person shall, as soon as may be after preparing an environmental impact assessment report in accordance with a requirement under subsection (6) of section 297—

(a) submit to the Board—

(i) such number of copies, as the Board may specify, of the report in paper form, and a copy of the report in electronic form, and

(ii) a copy of the notice—

(I) published in accordance with paragraph (c), or

(II) that he or she proposes to publish in accordance with paragraph (c), accompanied by particulars of the date on which he or she proposes to so publish the notice,

(b) submit a copy of the confirmation notice relating to that report to the Board,

(c) publish a notice, in the prescribed form, on his or her internet website and in at least one national newspaper stating—

(i) that an environmental impact assessment report has been submitted to the Board in relation to the requested alteration,

(ii) the times at which, the period (which shall not be less than 30 days) during which and the place or places at which a copy of the environmental impact assessment report may be inspected by members of the public,

(iii) that a copy of the environmental impact assessment report may be purchased on payment of such fee (not exceeding the reasonable cost of making such copy) as may be specified in the notice, and

(iv) that submissions or observations in relation to the likely effects on the environment of the requested alteration may be made in writing to the Board before the expiration of such period (which shall not be less than 30 days after the notice is first published in accordance with this paragraph) as is specified in the notice,

(d) send a copy of the environmental impact assessment report to—

(i) the Environmental Protection Agency,

(ii) any planning authority—

(I) within whose functional area it is proposed that the development would be situated, or

(II) whose functional area adjoins the maritime site in which it is proposed that the development would be situated,

and

(iii) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under section 297,

and a notice in the prescribed form to each of the foregoing stating that—

(A) that report has been submitted to the Board, and

(B) submissions or observations may be made in writing to the Board, in relation to the likely effects on the environment of the requested alteration, within the period (for the making of submissions and observations) specified in the notice published under paragraph (c) in respect of the requested alteration,

and

(e) if the Board informs the requesting person that it is of the opinion that the requested alteration is likely to have significant effects on the environment of a Member State of the European Union or another state that is a party to the Transboundary Convention, send a copy of the environmental impact assessment report and a notice in the prescribed form stating—

(i) that that report has been submitted to the Board, and

(ii) submissions or observations may be made in writing to the Board, in relation to the likely effects on the environment of the requested alteration, within the period (for the making of submissions and observations) specified in the notice published under paragraph (c) in respect of the requested alteration,

to that Member State or other state, as the case may be.

(2) The requesting person shall, as soon as may be after preparing a Natura impact statement in accordance with a requirement under subsection (6) of section 297—

(a) submit to the Board—

(i) a copy of the statement in paper form and a copy of the statement in electronic form, and

(ii) a copy of the notice—

(I) published in accordance with paragraph (c), or

(II) that he or she proposes to publish in accordance with paragraph (c), accompanied by particulars of the date on which he or she proposes to so publish the notice,

(b) publish a notice in the prescribed form in at least one national newspaper stating—

(i) that a Natura impact statement has been submitted to the Board in relation to the requested alteration,

(ii) the times at which, the period (which shall not be less than 30 days) during which and the place or places at which a copy of the Natura impact statement may be inspected by members of the public,

(iii) that a copy of the Natura impact statement may be purchased on payment of such fee (not exceeding the reasonable cost of making such copy) as may be specified in the notice, and

(iv) that submissions or observations in relation to the likely effects on the environment or any European site of the requested alteration may be made in writing to the Board before the expiration of such period (which shall not be less than 30 days after the notice is first published in accordance with this paragraph) as is specified in the notice,

and

(i) the Environmental Protection Agency,

(ii) any planning authority—

(I) within whose functional area it is proposed that the development would be situated, or

(II) whose functional area adjoins the maritime site in which it is proposed that the development would be situated,

and

(iii) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under section 297,

and a notice in the prescribed form to each of the foregoing stating that—

(A) that statement has been submitted to the Board in relation to the requested alteration, and

(B) submissions or observations may, within the period (for the making of submissions and observations) specified in the notice published under paragraph (b) in respect of the requested alteration, be made in writing to the Board in relation to the likely effects on the environment or any European site of the requested alteration.

Application of section 177AA to request for material alteration of terms of permission

303. Section 177AA shall apply to a requested alteration as if—

(a) references to applicant were references to requesting person, and

(b) references to applicant for consent for proposed development were references to requesting person.

Effect of bringing of judicial review of maritime area consent on application for permission

304. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of a decision to grant that consent, be eligible to make an application in accordance with this Chapter for permission for development in accordance with that consent.

(2) Where a person makes an application in accordance with this Chapter for permission for development in circumstances to which subsection (1) applies, the Board shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by this Chapter in relation to that application for permission as if no such application for judicial review had been made.

(3) A permission for development granted under this Chapter in circumstances to which this section applies shall not come into effect unless and until—

(a) final judgment is given—

(i) in relation to the application for judicial review referred to in this section, and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

(b) the application for judicial review referred to in this section is withdrawn.

Oral hearings

305. (1) The Board may at its discretion hold an oral hearing of an application under section 291 or a request under section 297.

(2) An applicant under section 291 or requesting person under section 297 or any person who makes a submission or observation pursuant to a notice or an invitation under section 291, 292, 297 or 302 may make a request in writing for an oral hearing of the application or request, as the case may be.

(3) A request under this section shall be accompanied by such fee (if any) as the Board may specify, and the Board shall not consider a request under this section that is not accompanied by a fee so specified.

(4) The Board shall not consider a request for an oral hearing made—

(a) in the case of a request made by an applicant under section 291, later than the expiration of—

(i) the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of subsection (3) of section 291, or

(ii) the period within which submissions and observations are required to be made pursuant to an invitation under section 292,

whichever occurs later,

(b) in the case of a request made by a requesting person under section 297, later than the expiration of the period within which submissions and observations are required to be made pursuant to a notice or an invitation under section 302,

(c) in the case of a request made by a person who made submissions or observations in respect of an application under section 291 pursuant to a notice under subsection (3) of that section, later than the expiration of the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of that subsection,

(d) in the case of a request made by a person who made submissions or observations in respect of an application under section 291 pursuant to an invitation under section 292, later than the expiration of the period within which such submissions and observations are required to be made, and

(e) in the case of a request made by a person who made submissions or observations in respect of a request under section 297 pursuant to a notice or an invitation under section 302, later than the expiration of the period within which such submissions and observations are required to be made.

(5) Where the Board refuses a request made in accordance with this section, it shall, by notice in writing, inform the following persons thereof:

(a) in the case of a request made in respect of an application under section 291, the person who made that application and all persons who made submissions or observations in relation to that application in accordance with this Chapter; and

(b) in the case of a request made in respect of a request under section 297, the person who made the second-mentioned request and all persons who made submissions or observations in relation to the second-mentioned request in accordance with this Chapter.

(6) Where a request under this section is withdrawn by the person who made the request, the Board shall, by notice in writing, inform the following persons thereof:

(a) in the case of a request made by an applicant under section 291, all persons who made observations or submissions to the Board in relation to the application concerned in accordance with this Chapter;

(b) in the case of a request made by a requesting person under section 297, all persons who made observations or submissions to the Board in relation to the request under that section in accordance with this Chapter;

(c) in the case of a request made by a person who made submissions or observations in respect of an application under section 291, the person who made that application; and

(d) in the case of a request made by a person who made submissions or observations in respect of a request under section 297, the person who made the second-mentioned request.

Regulations

306. (1) The Minister may make regulations for the purposes of this Part.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to any one or more of the following:

(a) the conduct of a consultation under section 287;

(b) the giving of an opinion under section 290;

(d) the making of a decision under section 293;

(e) oral hearings under section 305;

(f) the publication of documentation in relation to applications under section 291; and

(g) the making of submissions and observations in accordance with section 291 or 292.

CHAPTER IV

Manner of Application of Certain Provisions to Maritime Area

Definition

307. In this Chapter ‘maritime development’ means—

(a) development situated wholly within the maritime area, or

(b) in relation to development situated partly in the maritime area and partly on land, the part of the development that is situated in the maritime area.

Disapplication of certain provisions of Act in relation to maritime area

308. (1) The following provisions shall not apply in relation to the maritime area, and accordingly references in those provisions to functional area, administrative area or area of a planning authority or local authority shall not include references to the nearshore area of a coastal planning authority:

(a) Parts II (other than sections 28, 29 and 30), IIA, IV, V, IX, XIII and XVI; and

(b) sections 37A, 37B, 37C, 37D, 37E, 37F, 37G, 37H, 37I, 37J, 37K, 37L, 37M, 37N, 37O, 37P, 37Q, 37R, 37S, 261, 261A and 266.

(2) Subject to subsection (2) of section 282 and subsection (3) of section 293, a requirement under this Act to—

(a) comply (howsoever expressed) with a development plan, local area plan or regional spatial and economic strategy, or

(b) act in accordance with, consider, have regard to or otherwise take account of (howsoever expressed) any such plan or strategy in the performance of any function under this Act,

shall not apply in relation to the maritime area.

(3) Part XII shall not apply to that part of the maritime area that does not consist of land covered by coastal water.

Construction of references to land

309. (1) The relevant provisions shall apply to—

(a) maritime development,

(b) proposed maritime development, and

as if references to land or the land were references to a maritime site.

(2) References in a relevant provision to occupier shall, in so far as that provision applies to a maritime site, be construed as including references to the holder of a maritime area consent granted for the occupation of that maritime site for the purposes of maritime development.

(3) References in a relevant provision (other than section 182) to owner shall, in so far as that provision applies to a maritime site, not include references to a Minister of the Government in whom the maritime site vests by virtue of section 5 of the Act of 1954.

(4) Section 37 shall apply to a decision under section 34 in respect of an application for permission for development to which Chapter II applies as if references to land in subsection (6) included references to a maritime site.

(5) The reference in paragraph (b) of subsection (2) of section 43 to land shall be construed as including a reference to a maritime site.

(6) A power conferred on a local authority by a relevant provision (by virtue of the operation of this section) to compulsorily acquire a maritime site shall not apply to a maritime site that vests in a Minister of the Government by virtue of section 5 of the Act of 1954.

(7) In this section—

‘Act of 1954’ means the State Property Act 1954; and

‘relevant provision’ means a provision of this Act specified in Part 1 of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).

Construction of references to proper planning and sustainable development

310. (1) Subject to section 308, this Act (other than this Part and paragraph (b) of subsection (1) of section 31Q) shall apply to—

(a) maritime development,

(b) proposed maritime development, and

as if references to proper planning and sustainable development were references to maritime spatial planning.

(2) Subject to section 308, this Act (other than this Part and paragraph (c) of subsection (3) of section 179) shall apply to—

(a) maritime development,

(b) proposed maritime development, and

as if references to principles of proper planning and sustainable development were references to objectives of maritime spatial planning.

Construction of references to National Planning Framework

311. (1) Subject to section 308, this Act (other than this Part, section 178A, subsection (18) of section 12, subsection (14) of section 13 and paragraph (c) of subsection (3) of section 179) shall apply to—

(a) maritime development,

(b) proposed maritime development, and

as if references to the National Planning Framework were references to the National Marine Planning Framework.

Construction of references to development plan

312. (1) The relevant provisions shall apply to—

(a) maritime development,

(b) proposed maritime development, and

as if references to a development plan or the development plan were references to the National Marine Planning Framework.

(2) In this section ‘relevant provision’ means a provision of this Act specified in Part II of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).

Construction of references to planning authority

313. (1) The relevant provisions shall apply to the outer maritime area as if references to a planning authority, the planning authority, relevant planning authority or planning authorities were references to the Maritime Area Regulatory Authority.

(2) The relevant provisions shall apply to the outer maritime area as if references to a local authority, the local authority, relevant local authority or local authorities were references to the Maritime Area Regulatory Authority.

(3) In this section ‘relevant provision’ means a provision of this Act specified in Part III of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).

Application of section 5 to outer maritime area

314. For the purpose of determining the question as to whether or not any development situated wholly or partly in the outer maritime area is exempted development, section 5 shall apply as if—

(a) references to a planning authority, the planning authority, the relevant planning authority or the authority were references to the Board, and

(b) subsections (3) and (4) were deleted.

Application of section 137

315. Section 137 shall apply to applications under section 291 in the same manner as it applies to referrals, and accordingly references in section 137 to referrals shall be construed as including references to applications under section 291.

Application of section 146

316. Section 146 shall apply to the performance by the Board of its functions for the purposes of this Part as if—

(a) ‘the State’ were substituted for ‘the area in which it is proposed to carry out the development, or in which the development is located,’ in subparagraph (iii) of paragraph (a) of subsection (4), and

(b) ‘7 years’ were substituted for ‘5 years’ in paragraph (b) of subsection (7).

Application of Part X

317. (1) Subject to section 289, Part X (other than the excluded provisions) shall apply to—

(a) development to which Chapter III applies, and

(b) proposed such development,

as if—

(i) ‘the Board’ were substituted for ‘a planning authority or the Board’ in each place that it occurs,

(ii) ‘the Board’ were substituted for ‘the planning authority or the Board’ in each place that it occurs,

(iii) ‘the Board’ were substituted for ‘a planning authority or the Board, as may be appropriate,’ in each place that it occurs,

(iv) ‘the Board’ were substituted for ‘the planning authority concerned or the Board, as may be appropriate,’ in each place that it occurs,

(v) ‘the Board’ were substituted for ‘planning authority or the Board, as the case may be,’ in each place that it occurs,

(vi) all other references to a planning authority or the planning authority were references to the Board,

(vii) in subsection (4) of section 173A, ‘the relevant planning authority or’ were deleted, and

(viii) in subsection (4) of section 173B, ‘the relevant planning authority or’ were deleted.

(2) In this section ‘excluded provision’ means—

(a) section 175,

(b) subsections (1) and (2) of section 173,

(d) subsections (1) and (2) of section 174, and

(e) paragraphs (a), (b) and (c) of subsection (3), and subsection (4), of section 172.

Application of Part XAB

318. (1) Part XAB (other than the excluded provisions) shall apply to—

(a) development to which Chapter III applies, and

(b) proposed such development,

as if—

(i) references to a planning authority or the planning authority were references to the Board, and

(ii) in section 177U, ‘the Board’ were substituted for ‘a planning authority or the Board’ in each place that it occurs.

(2) In this section ‘excluded provisions’ means subsections (9) and (10) of section 177U.

Public notice of application

319. (1) A requirement under a provision of this Act to publish a notice in a newspaper circulating in the functional area or administrative area of a planning authority or local authority or in any district shall, in relation to an application for permission for development to which Chapter III applies, be deemed to be a requirement to publish the notice in a national newspaper.

(2) A requirement under a provision of this Act to erect a notice on land or affix or attach a notice to a structure shall, in so far as that provision applies to the maritime area, be deemed to be a requirement to publish the notice in a national newspaper on such consecutive number of days (in this subsection referred to as the ‘publication period’) as may be prescribed, and different publication periods may be prescribed in respect of different classes of development or proposed development.

(3) A requirement under a provision of this Act to submit to the Board or a planning authority a notice erected on land or a notice affixed or attached to a structure pursuant to the requirement referred to in subsection (2) shall be deemed to be a requirement to submit to the Board or coastal planning authority concerned the notice published in accordance with the requirement second-mentioned in that subsection.

Consultation by coastal planning authority with Maritime Area Regulatory Authority

320. (1) A coastal planning authority may consult with the Maritime Area Regulatory Authority for the purposes of this Part.

(2) A coastal planning authority may, for the purpose of the performance of its functions under Part III and this Part, request the Maritime Area Regulatory Authority to provide the coastal planning authority with such information (including information in relation to an applicant for permission for development referred to in subsection (3) of section 281) as is in the possession, or procurement, of the Maritime Area Regulatory Authority.

(3) The Maritime Area Regulatory Authority shall accede to a request under subsection (2).

Consultation by Board with Maritime Area Regulatory Authority

321. (1) The Board may consult with the Maritime Area Regulatory Authority for the purposes of this Part.

(2) The Board may, for the purpose of the performance of its functions under this Part, request the Maritime Area Regulatory Authority to provide the Board with such information (including information in relation to an applicant under section 291 or requesting person within the meaning of Chapter III) as is in the possession, or procurement, of the Maritime Area Regulatory Authority.

(3) The Maritime Area Regulatory Authority shall accede to a request under subsection (2).”.

Revised Acts

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Maritime Area Planning Act 2021