Maritime Area Planning Act 2021

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Application for grant of licence

117. (1) Subject to regulations made under section 118 , a person may make an application in the specified form, accompanied by the specified fee, to the MARA for the grant of a licence for the Schedule 7 usage the subject of the application.

(2) Without prejudice to the generality of section 72 or subsection (3), a licence application may require any information to be provided in relation to any of the matters to which this Part relates.

(3) Subject to subsection (9), where a licence application is made to the MARA, the MARA may, by notice in writing given to the applicant, require the applicant to provide in the specified form, by affidavit or otherwise, such additional information in relation to any matter to which the application relates as the MARA reasonably considers necessary to assist it to determine the application under section 119 .

(4) (a) The MARA shall, as soon as is practicable after it receives a licence application and if it considers it necessary to do so in its capacity as the competent authority referred to in section 112 , carry out screening for appropriate assessment in respect of the proposed maritime usage the subject of the application.

(b) Paragraph (a) applies notwithstanding that the applicant may have submitted a Natura impact statement to the MARA, whether with the licence application or subsequently.

(5) (a) The MARA shall, as soon as is practicable after it receives a licence application, carry out screening for environmental impact assessment in respect of the proposed maritime usage the subject of the application if it considers that it is necessary to do so after having regard to Schedules 5 and 7 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).

(b) Where the decision on the screening referred to in paragraph (a) is that an environmental impact assessment is required, the MARA shall, as soon as is practicable—

(i) return the licence application concerned to the applicant together with a copy of section 111 , and

(ii) publish its decision on its website together with its reasons for such decision and a notice stating—

(I) that a person may question the validity of the decision by way of an application for judicial review under Order 84 in accordance with Chapter 8, and

(II) where practical information on the review mechanism can be obtained.

(6) Where the decision referred to in subsection (4)(a) is that an appropriate assessment is required, the MARA shall—

(a) subject to paragraph (b) and subsection (8), by notice in writing given to the applicant, require the applicant to prepare, within the period specified in the notice (being a period reasonable in all the circumstances of the case), a Natura impact statement and submit it to the MARA,

(b) subject to subsection (9), as soon as is practicable after the MARA has the Natura impact statement prepared by the applicant pursuant to paragraph (a) or, as the case may be, the MARA is satisfied with the adequacy of a Natura impact statement submitted by the applicant together with the licence application concerned, by notice in writing given to the applicant, require the applicant to give notice (in this section referred to as the “relevant notice”) in the specified form to the public stating that—

(i) the licence application concerned has been made to the MARA, a related Natura impact statement has been submitted to the MARA and that the application and statement are available for inspection during the period concerned referred to in subparagraph (ii)—

(I) on the website of the MARA, and

(II) at the offices of the MARA specified in the relevant notice,

and

(ii) members of the public may make submissions in writing on the licence application and the Natura impact statement to the MARA for a period of not less than 30 days from the date of publication of the relevant notice at a location (which may be an electronic address) specified in, or in a form set out in and sent to an address specified in, the relevant notice.

(7) (a) The MARA shall, as soon as is practicable after the expiration of the 30 days referred to in subsection (6)(b)(ii), carry out the appropriate assessment concerned and have regard to the submissions (if any) referred to in that subsection.

(b) The MARA shall comply with the determination of the appropriate assessment when determining the licence application concerned under section 120 .

(8) Where the applicant fails to comply with subsection (6)(a) within the period specified in that subsection (or any extension to that period permitted by the MARA for good and sufficient reason), the licence application concerned shall be deemed to have been withdrawn.

(9) Where subsection (6) applies to the applicant, the MARA shall not—

(a) give the notice first-mentioned in subsection (6)(b) to the applicant until the applicant has complied with each notice (if any) given to the applicant under subsection (3), and

(b) exercise its power under subsection (3) in respect of the applicant at any time after the commencement of the period concerned referred to in subsection (6)(b)(ii).

(10) In this section, “Natura impact statement” has the same meaning as it has in Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).