Maritime Area Planning Act 2021
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Proposals for DMAPs | ||
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21. (1) Subject to subsection (2), a competent authority (D) shall, as soon as is practicable after its designation under section 20 as such or where section 26 (1)(a) applies, prepare a proposal for a DMAP (in this Chapter referred to as the “relevant proposal”). | ||
(2) The relevant proposal 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 areas (including, at the discretion of the competent authority (D), alternatives thereto) of the maritime area proposed to be the subject of the DMAP, | ||
(c) the protected sites proposed to be taken into consideration during the preparation of the DMAP, | ||
(d) the maritime usages proposed to be the subject of the DMAP, | ||
(e) any prohibitions or restrictions proposed to be imposed on the maritime usages referred to in paragraph (d), | ||
(f) the proposed evidence base of the DMAP, | ||
(g) the proposed statement referred to in section 23 (1), | ||
(h) the existing DMAPs or existing maritime usages, or both, proposed to be taken into consideration during the preparation of the DMAP, | ||
(i) the timeframe within which it is reasonably expected that the DMAP will be prepared, and | ||
(j) any other matters to which it is proposed that the competent authority (D) have regard to in preparing the DMAP. | ||
(3) The competent authority (D) shall, as soon as is practicable after preparing the relevant proposal, submit the relevant proposal to the Minister for the Minister’s approval to the competent authority (D) preparing a draft DMAP based on such proposal. | ||
(4) Where the Minister receives a relevant proposal, he or she shall— | ||
(a) if satisfied that such proposal complies with all the requirements of this Part and the MSP Directive in so far as they relate to the proposal, approve the competent authority (D) preparing a draft DMAP based on such proposal, or | ||
(b) in any other case, giving a notice in writing to the competent authority (D) refusing to approve the competent authority (D) preparing a draft DMAP based on such proposal and stating the Minister’s reasons for the refusal. | ||
(5) The competent authority (D) shall, as soon as is practicable after it has been approved under subsection (4)(a) to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website. | ||
(6) Where the relevant proposal of a competent authority (D) is refused approval under subsection (4)(b), the competent authority (D) may prepare a new relevant proposal to take account of the Minister’s reasons for such refusal and, in any such case, the other provisions of this section (including subsection (4)(b)) shall apply accordingly. |