Maritime Area Planning Act 2021
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Provisions supplementary to grant of licence | ||
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121. (1) Unless otherwise specified in regulations made under this section, nothing in this Part shall of itself be construed as preventing the MARA from granting a licence to an applicant— | ||
(a) who is the holder of a licence for the same Schedule 7 usage provided that the first-mentioned licence is for a period which will not overlap with the period of the second-mentioned licence, or | ||
(b) who was the holder of a licence for the same Schedule 7 usage where the licence has expired or is no longer in force. | ||
(2) The MARA shall, before granting a licence, have regard to— | ||
(a) the National Marine Planning Framework, | ||
(b) the State’s obligations under the following Directives in so far as those obligations are relevant to the undertaking of the Schedule 7 usage concerned: | ||
(i) Habitats Directive; | ||
(ii) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 200013 establishing a framework for Community action in the field of water policy (Water Framework Directive); | ||
(iii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 200814 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017; | ||
(iv) Birds Directive; | ||
(v) Environmental Impact Assessment Directive, | ||
(c) the provisions of any enactment giving effect to a Directive referred to in paragraph (b) in so far as those provisions give effect to the obligations referred to in that paragraph that are relevant to the Schedule 7 usage concerned, and | ||
(d) any other maritime usage lawfully undertaken pursuant to this Act or another enactment in the same part of the maritime area to which the first-mentioned licence relates. | ||