Maritime Area Planning Act 2021
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Minister and draft DMAP | ||
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24. (1) The competent authority (D) shall, as soon as is practicable after complying with sections 22 and 23 in relation to the draft DMAP, revise (if necessary) the draft to take into account any relevant considerations arising from the public consultation, appropriate assessment and strategic environmental assessment carried out, as required by those sections, in relation to the draft and submit the draft to the Minister. | ||
(2) The Minister shall review the draft DMAP to ascertain whether or not there are any inconsistencies between the plan and any of the following: | ||
(a) the MSP Directive; | ||
(b) the marine planning policy statement; | ||
(c) the National Marine Planning Framework (except that, in the case of a DMAP forming part of such Framework, only to the extent that the draft applies to the same geographical or sectoral areas, or both, of the maritime area to which the DMAP applies); | ||
(d) guidelines issued under section 7 to the extent that the guidelines are relevant to the draft; | ||
(e) policy directives issued under section 8 to the extent that the directives are relevant to the draft. | ||
(3) Where the Minister ascertains an inconsistency referred to in subsection (2), he or she shall— | ||
(a) make a recommendation in writing to the competent authority (D) to amend the draft DMAP to avoid or mitigate the inconsistency, or | ||
(b) give notice in writing to the competent authority (D) of the inconsistency and in that notice state that the draft DMAP does not need to be amended to avoid or mitigate the inconsistency, | ||
as the Minister thinks fit in all the circumstances of the case. | ||
(4) Where subsection (3)(a) applies, the competent authority (D) shall— | ||
(a) amend the draft DMAP in accordance with the recommendation concerned, | ||
(b) cause an appropriate assessment and strategic environmental assessment to be carried out in relation to the amendment to the draft DMAP, and | ||
(c) after paragraphs (a) and (b) have been complied with and, if necessary, revise the draft DMAP to ensure that section 33 is complied with. |