Maritime Area Planning Act 2021
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Chapter 5 Amendment of MSPs and DMAPs | ||
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Amendment of MSPs and DMAPs | ||
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28. (1) Where the relevant competent authority wishes to make a material amendment to a relevant plan without replacing the plan, the relevant provisions shall, with all necessary modifications, apply to the preparation and making of the amendment as they apply to the preparation and making of a relevant plan. | ||
(2) Subject to subsection (3), the Minister may by regulations specify classes of amendments to a relevant plan that are, for the purposes of this section, non-material amendments. | ||
(3) Where the Minister makes regulations under subsection (2), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the proposed classes of amendments referred to in that subsection: | ||
(a) that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential; | ||
(b) that the amendments which fall within that class should not cause any significant inconsistencies between the amendment concerned and any of the following: | ||
(i) the MSP Directive; | ||
(ii) the marine planning policy statement; | ||
(iii) the National Marine Planning Framework; | ||
(iv) guidelines issued under section 7 ; | ||
(v) policy directives issued under section 8 ; | ||
(c) that the amendments which fall within that class should not cause any significant erosion of the provisions of the relevant plan concerned relating to any avoidance or mitigation measures. | ||
(4) Where the relevant competent authority is a competent authority (D) who wishes to make a non-material amendment to a relevant plan which is a DMAP, it shall give notice in the specified form to the Minister of the amendment not less than 10 working days before making the amendment. | ||
(5) In this section— | ||
“material amendment”, in relation to a relevant plan, means any amendment to the plan other than an amendment which falls within a class of amendments specified in regulations made under subsection (2); | ||
“non-material amendment”, in relation to a relevant plan, means an amendment which falls within a class of amendments specified in regulations made under subsection (2); | ||
“relevant competent authority” means— | ||
(a) in relation to a relevant maritime spatial plan that is a MSP, the competent authority (M), and | ||
(b) in relation to a relevant maritime spatial plan that is a DMAP, the competent authority (D) concerned; | ||
“relevant plan” means— | ||
(a) a MSP, or | ||
(b) a DMAP; | ||
“relevant provisions” means— | ||
(a) in relation to a relevant plan that is a MSP, the provisions of Chapter 2 and, if applicable, Chapter 4, and | ||
(b) in relation to a relevant plan that is a DMAP, the provisions of Chapter 3 and, if applicable, Chapter 4. |