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


Amendment of Part 6 of Act of 2021 - insertion of Chapter 8

69. The Act of 2021 is amended, in Part 6, by the insertion of the following Chapter after Chapter 7:

“Chapter 8

Civil remedies exercisable by holders of relevant authorisations

Rights of action

166A. (1) Subject to subsection (2), notwithstanding that a relevant authorisation does not confer on the holder of the authorisation any estate or interest in or over the part of the maritime area the subject of the authorisation, the holder shall, by virtue of this section, have the same rights of action—

(a) in nuisance as if the holder were the owner of that part, and

(b) in trespass as if the holder were the owner of such areas of that part in which any infrastructure or other property owned by the holder are situated.

(2) The rights referred to in subsection (1) are not exercisable against—

(a) the MARA,

(b) a member of staff of the MARA (including a person referred to in section 64(5) ),

(c) an authorised officer, or

(d) a member of the Garda Síochána,

in the performance of their respective functions under this Act.”.