Maritime Area Planning Act 2021

20

Designation of public bodies who may make DMAPs

20. (1) Without prejudice to section 15 but subject to subsections (3) to (5) and (7), the Minister may, F8[by order,] designate one or more than one public body (other than a public body which falls within paragraph (d) of the definition of “public body”) to be a competent authority (in this Part referred to as a “competent authority (D)”) for the purposes of preparing and publishing on a website of the public body a maritime area plan (in this Act referred as a “designated maritime area plan”) in accordance with this Chapter and the MSP Directive and any such designation may be in respect of one or more than one of the following:

(a) all or specified activities of a competent authority for the purposes of the MSP Directive;

(b) acting as a coordinating body for some or all of the competent authorities for some of their activities;

(c) one or more than one designated geographical or sectoral area, or both, of the maritime area.

(2) A competent authority (D) shall be deemed to have all the functions necessary to perform functions for the purposes of the designation concerned.

(3) Where the Minister F9[proposes to designate by order a public body] as a competent authority (D) and the body is—

(a) a Minister of the Government, or

(b) any other public body that, in the opinion of the Minister, is a body directly or indirectly responsible to a Minister of the Government,

then the Minister F9[shall not make the order] without the consent of the Minister of the Government concerned.

(4) Where the Minister proposes to F9[designate, by order, a] public body as a competent authority then, without prejudice to subsection (3) where that subsection applies, the Minister shall consult with that body F9[before making the order].

F9[(5) An order amending or revoking an order designating a public body as a competent authority (D) may provide for any matters ancillary or consequential to such amendment or revocation.]

(6) F10[]

(7) Where the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6, the Minister may designate F8[by order] under this section, and with all necessary modifications to this section, a public body to perform any functions under this Act in relation to that DMAP that would, in the absence of F9[such order being made], otherwise have to be performed by the competent authority (M).

Annotations

Amendments:

F8

Inserted (13.05.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 34(a), (f)(i), S.I. No. 208 of 2024.

F9

Substituted (13.05.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 34(b)(i), (ii), (c)(i), (ii), (d), (f)(ii), S.I. No. 208 of 2024.

F10

Deleted (13.05.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 34(e), S.I. No. 208 of 2024.