Maritime Area Planning Act 2021
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Number 50 of 2021 | ||
MARITIME AREA PLANNING ACT 2021 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
1. Short title, collective citations, construction and commencement | ||
Maritime Spatial Plans and Designated Maritime Area Plans | ||
Interpretation and application | ||
Maritime spatial plans | ||
15. Designation of competent authority for purposes of MSP Directive | ||
Designated maritime area plans | ||
Laying of certain DMAPs before CPAs | ||
Amendment of MSPs and DMAPs | ||
Competent authority (M) and DMAPs | ||
Public bodies and National Marine Planning Framework | ||
32. Steps preliminary to deciding whether or not to issue direction under section 31 | ||
Appropriate assessment and strategic environmental assessment | ||
33. Appropriate assessment and strategic environmental assessment | ||
Maritime Authorisation Database | ||
38. General power of Minister to obtain information relating to maritime area | ||
Maritime Area Regulatory Authority | ||
Definitions and establishment day | ||
Establishment and functions of Maritime Area Regulatory Authority | ||
44. Matters to which MARA shall have regard in performing functions | ||
Board of MARA | ||
48. Membership of either House of Oireachtas or European Parliament, etc. | ||
54. Ineligibility of holders, etc., for appointment as member | ||
55. Remuneration and expenses of members of Board (M) and committees | ||
Chief executive officer of MARA | ||
57. Resignation, removal or disqualification of chief executive officer | ||
60. Accountability of chief executive officer to committees of Houses of Oireachtas | ||
61. Appearance of chief executive officer before Committee of Public Accounts | ||
62. Membership of either House of Oireachtas or European Parliament | ||
Staff of MARA and other resources available to MARA | ||
Co-operation | ||
65. Provision for co-operation between MARA and public bodies | ||
Corporate strategy, accounts and annual reports of MARA | ||
Miscellaneous | ||
Maritime Area Consent | ||
Interpretation | ||
When MAC is required, etc. | ||
75. When MAC is required prior to seeking development permission, etc. | ||
76. When MAC is required but not development permission, etc. | ||
77. Application for declaration as to whether or not MAC is required, etc. | ||
Grant or refusal of MAC and related matters | ||
80. Criteria to which MARA shall have regard in determining MAC application | ||
Assignment or amendment of MAC | ||
87. Provisions to ensure consistency between MAC and planning permission | ||
Surrender of MAC | ||
Certain persons who are not individuals may be declared fit and proper | ||
90. MARA may declare person, etc., who is not individual to be fit and proper person | ||
Levies | ||
Rehabilitation of maritime area and emergency works | ||
96. Obligations on holder of MAC in relation to rehabilitation of maritime area | ||
97. Power of MARA to require holder of MAC to make application under section 86 | ||
Privately owned part of maritime area | ||
Special MAC cases | ||
101. Relevant maritime usages and MACs before establishment day | ||
103. Certain MSPs and DMAPs and MACs after establishment day | ||
Keeping of records, etc. | ||
Chapter 12 | ||
Transitional provisions - foreshore authorisations, unauthorised usages and MACs | ||
105. Transitional provisions for certain foreshore authorisations | ||
106. Transitional provisions for certain unauthorised maritime usages | ||
Judicial review and MACs | ||
107. Judicial review of matters relating to MAC applications or MACs | ||
109. Judicial review does not prevent applications for development permission | ||
Licences authorising certain maritime usages in Maritime Area | ||
Interpretation, application and competent authority | ||
Grant or refusal of licence and related matters | ||
113. Prohibition against undertaking certain maritime usages in maritime area without licence | ||
115. Application for declaration as to whether or not licence is required, etc. | ||
Compensation for exercise of relevant power | ||
Assignment or amendment of licence | ||
Surrender of licence | ||
Keeping of records, etc. | ||
128. Keeping of records and samples, etc., by holder of licence | ||
Transitional provisions - foreshore authorisations, unauthorised usages and licences | ||
129. Transitional provisions for certain foreshore authorisations | ||
130. Transitional provisions for certain unauthorised maritime usages | ||
Judicial review and licences | ||
131. Judicial review of matters relating to licence applications or licences | ||
Enforcement | ||
Interpretation, application and material change of circumstances | ||
Appointment and powers of authorised officers | ||
Enforcement notices | ||
142. Application for cancellation of direction specified in enforcement notice, etc. | ||
Automatic termination of relevant authorisation | ||
Immediate suspension of relevant authorisation, investigations and sanctions | ||
147. Actions to be taken by authorised officer and MARA upon completion of investigation | ||
149. Appeal to High Court against decision to impose major sanction | ||
150. Application to High Court to confirm decision to impose major sanction | ||
152. Matters to be considered in determining sanctions to be imposed | ||
153. Protection for persons reporting alleged relevant ground, etc. | ||
Provisions supplementary to Chapters 4 and 5 | ||
154. Effect of termination or revocation of relevant authorisation | ||
156. Notice of revocation or suspension of relevant authorisation to be given to certain bodies | ||
Offences and related provisions | ||
165. Time limit for offences that may only be brought by summary proceedings | ||
Miscellaneous | ||
Amendment of Planning and Development Act 2000 | ||
172. Classes of development to which Chapter III of Part XXI of Act of 2000 applies | ||
173. Relevant provisions for purposes of sections 309, 312 and 313 of Act of 2000 | ||
Consequential Amendments | ||
Amendment of Foreshore Act 1933 | ||
175. Application - Act of 1933 and Maritime Area Planning Act 2021 | ||
Amendment of Registration of Title Act 1964 | ||
182. Amendment of section 125 of Registration of Title Act 1964 | ||
Amendment of Foreshore (Amendment) Act 1992 | ||
184. Application - Act of 1992 and Maritime Area Planning Act 2021 | ||
Amendment of Electricity Regulation Act 1999 | ||
SCHEDULE | ||
Maritime Spatial Planning Directive | ||
Fit and Proper Person | ||
Proposed maritime usages to which section 75(1) shall not apply | ||
Proposed maritime usages to which section 76(1) shall not apply | ||
Criteria that MARA shall have regard to in determining MAC application | ||
Types of conditions that MARA may attach to MAC or that are deemed to be attached to MAC | ||
Types of conditions MARA may attach to MAC | ||
PART 2 | ||
Conditions deemed to be attached to MAC | ||
Maritime Usages which may be undertaken in Maritime Area pursuant to Licence | ||
Types of conditions that MARA may attach to Licence | ||
Redress for Contravention of section 153(5) | ||
Insertion of Eighth Schedule of Act of 2000 | ||
Insertion of Ninth Schedule of Act of 2000 | ||
Amendment of certain provisions of Act of 2000 | ||
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Acts Referred to | ||
Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57) | ||
Arbitration Act 2010 (No. 1) | ||
Civil Service Commissioners Act 1956 (No. 45) | ||
Civil Service Regulation Acts 1956 to 2005 | ||
Companies Act 1963 (No. 33) | ||
Companies Act 1990 (No. 33) | ||
Companies Act 2014 (No. 38) | ||
Comptroller and Auditor General (Amendment) Act 1993 (No. 8) | ||
Criminal Justice Act 1951 (No. 2) | ||
Dumping At Sea Act 1996 (No. 14) | ||
Electricity Regulation Act 1999 (No. 23) | ||
Electricity Regulation Acts 1999 to 2002 | ||
Ethics in Public Office Act 1995 (No. 22) | ||
Fisheries (Amendment) Act 1997 (No. 23) | ||
Foreshore (Amendment) Act 1992 (No. 17) | ||
Foreshore Act 1933 (No. 12) | ||
Foreshore Acts 1933 to 2014 | ||
Gas Act 1976 (No. 30) | ||
Interpretation Act 2005 (No. 23) | ||
Land Law (Commission) Act 1923 (No. 27) | ||
Land Law Acts | ||
Local Government Act 2001 (No. 37) | ||
Maritime Jurisdiction Act 2021 (No. 28) | ||
Merchant Shipping (Commissioners of Irish Lights) Act 1997 (No. 37) | ||
Merchant Shipping Act 1894 (57 & 58 Vict., c. 60) | ||
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) | ||
Planning and Development Act 2000 (No. 30) | ||
Planning and Development Acts 2000 to 2020 | ||
Protected Disclosures Act 2014 (No. 14) | ||
Registration of Title Act 1964 (No. 16) | ||
Roads Act 1993 (No. 14) | ||
Standards in Public Office Act 2001 (No. 31) | ||
State Property Act 1954 (No. 25) | ||
Taxes Consolidation Act 1997 (No. 39) | ||
Unfair Dismissals Act 1977 (No. 10) | ||
Unfair Dismissals Acts 1977 to 2015 | ||
Workplace Relations Act 2015 (No. 16) | ||
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Number 50 of 2021 | ||
MARITIME AREA PLANNING ACT 2021 | ||
An Act to regulate the maritime area, to achieve such regulation by means of a National Marine Planning Framework, maritime area consents for the occupation of the maritime area for the purposes of maritime usages that will be undertaken for undefined or relatively long periods of time (including any such usages which also require development permission under the Planning and Development Act 2000 ) and licences for the occupation of the maritime area for maritime usages that are minor or that will be undertaken for relatively short periods of time, to establish a body corporate, the Maritime Area Regulatory Authority, to grant, revoke and suspend such consents and licences, take administrative responsibility for foreshore authorisations and generally oversee the enforcement of this Act in so far as it relates to such consents and licences, to amend the Planning and Development Act 2000 to provide for how that Act will treat applications for development permission which must have a maritime area consent before being made and to provide for consequential amendments to other enactments; and to provide for related matters. | ||
[23rd December, 2021] | ||
Be it enacted by the Oireachtas as follows: |
