Maritime Area Planning Act 2021

22

Draft DMAPs, etc.

22. (1) The competent authority (D) shall, as soon as is practicable after the competent authority (D) has been approved under section 21(4)(a) to prepare a draft DMAP based on the relevant proposal concerned, prepare a draft DMAP consistent with—

(a) subject to subsection (4), such proposal,

(b) the marine planning policy statement,

(c) the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies),

(d) guidelines issued under section 7 to the extent that the guidelines are relevant to the draft DMAP, and

(e) policy directives issued under section 8 to the extent that the directives are relevant to the draft DMAP.

(2) The draft DMAP shall specify—

(a) the objectives of the National Marine Planning Framework that it is proposed that the DMAP will seek to attain or assist in the attainment of,

(b) the geographical or sectoral areas, or both, of the maritime area proposed to be the subject of the DMAP,

(c) the proposed extent of the maritime area (represented spatially or otherwise) proposed to be utilised by the maritime usages the subject of the DMAP,

(d) particulars of the maritime usages referred to in paragraph (c),

(e) any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (c),

(f) any proposed colocation or coexistence of the maritime usages referred to in paragraph (c),

(g) any proposed measures to avoid or mitigate any adverse impact of the maritime usages referred to in paragraph (c) on protected sites, species or habitats,

(h) any proposals to—

(i) avoid or mitigate any potentially adverse effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c), or

(ii) benefit the environment or protected sites taking into account the potential effect on the environment of the undertaking of one or more than one of the maritime usages referred to in paragraph (c),

and

(i) any proposals to avoid or mitigate any potentially adverse impact on other lawful users of the maritime area of the undertaking of one or more than one of the maritime usages referred to in paragraph (c).

(3) The competent authority (D) shall cause an appropriate assessment and a strategic environmental assessment to be carried out in relation to the draft DMAP.

(4) The draft DMAP may be inconsistent with the relevant proposal if the Minister has given notice in writing to the competent authority (D) that the Minister has no objection to the inconsistency concerned.