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Marine planning policy statement
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6. (1) Subject to subsection s (4) to (10), the Minister shall from time to time prepare and publish in accordance with this section a statement (in this Act referred to as the “marine planning policy statement”) containing information setting out the principles and priorities of the Government in relation to maritime planning by the State in the maritime area for the period to which the statement relates.
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(2) Where the Minister proposes to prepare a marine planning policy statement, he or she shall lay a draft of the statement, together with the Environmental Statement and Appropriate Assessment Determination in respect thereof if required, before each House of the Oireachtas, and shall not prepare the statement until a resolution approving of the draft has been passed by each such House.
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(3) The Minister shall, in the preparation of the marine planning policy statement, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation, as the case may be, relates to a draft laid before each such House in accordance with subsection (2).
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(4) The Minister shall ensure that the first marine planning policy statement is prepared and published in accordance with this section not later than six months after the coming into operation of this section and relates to a period of not less than three years commencing on the date of the first publication of that statement.
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(5) The Minister shall, in preparing the marine planning policy statement, have regard to the following:
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(a) the National Planning Framework;
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(b) the National Marine Planning Framework;
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(c) obligations of the State under the Convention and the Act of 2021;
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(d) the MSP Directive;
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(e) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20088
establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive);
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(f) the Habitats Directive;
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(g) the Birds Directive;
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(h) any current policy of the Government relating to maritime planning;
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(i) representations (if any) referred to in subsection (10).
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(6) The Minister shall cause a copy of the marine planning policy statement to be laid before each House of the Oireachtas as soon as is practicable after the statement has been prepared.
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(7) The Minister shall—
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(a) publish, on a website of the Government, the marine planning policy statement as soon as is practicable after the statement has been prepared, and
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(b) otherwise publish or cause to be published, in such manner as he or she considers appropriate, that statement.
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(8) A public body shall have regard to the maritime planning policy statement when performing a function under this Act to which information, setting out the principles and priorities of the Government referred to in subsection (1), contained in the statement is relevant.
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(9) The Minister may amend or revoke the maritime planning policy statement prepared under this section.
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(10) Where the Minister proposes to prepare the marine planning policy statement or amend or revoke it, he or she shall publish, in not less than one national newspaper, a notice—
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(a) stating that the Minister proposes to prepare, amend or revoke a marine planning policy statement,
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(b) stating that a copy of the proposed statement, amendment or revocation may be inspected on a website of the Government, and
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(c) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of publication), at an address (which may be an electronic address) specified in the notice.
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8 OJ No. L164, 25.6.2008, p. 19 |
