Harbours Act 2015

Amendment of section 91 of Act of 1996 (limits of harbours under the control or management of local authorities)

49. Section 91 of the Act of 1996 is amended by inserting after subsection (2) the following:

“(3) In deciding whether or not to make an order under this section the Minister shall have regard to—

(a) the present capacity of the harbour and expected capacity needed having regard to the nature of shipping using or estimated will be using the harbour,

(b) navigational safety, and

(c) such and so many of the following as are, in the opinion of the Minister, relevant to his or her decision:

(i) leases made under section 2, licences granted under section 3, approvals under section 10 or consents given under section 13 of the Foreshore Act 1933 and any application duly made for such a lease, licence, approval or consent;

(ii) applications for permission, or permissions granted, under the Planning and Development Acts 2000 to 2014 in respect of the development of any land;

(iii) environmental impact assessments made under the Planning and Development Acts 2000 to 2014;

(iv) any development plan made by a planning authority under sections 9 and 12 of the Planning and Development Act 2000 , and any local area plan under section 18 of that Act.”.