Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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PART 13

Miscellaneous amendments

Chapter 1

Amendment of Foreshore Act 1933

Amendment of section 1E of Foreshore Act 1933

244. Section 1E of the Foreshore Act 1933 , as amended by section 175 of the Maritime Area Planning Act 2021 , is amended—

(a) in subsection (5)(a), by the substitution of “Subject to subsection (3), the relevant Minister” for “The relevant Minister”,

(b) by the insertion of the following subsections after subsection (5):

“(5A) (a) Subject to paragraph (c), the MARA may, at its discretion and whether of its own initiative or at the request of the relevant Minister or the applicant under section 3 concerned, treat a relevant application (F) as a relevant application (M) if it is satisfied that it has received all the information that would be required under the Act of 2021 if the relevant application (F) were a relevant application (M) and, in any such case, the provisions of the Act of 2021 (including section 117(3) of that Act) shall, with all necessary modifications, apply to the relevant application (F) so treated.

(b) Where, pursuant to paragraph (a), the MARA is treating a relevant application (F) as a relevant application (M), the MARA may adopt any determination that has been made, before that treatment, under the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ) in respect of the relevant application (F).

(c) Paragraph (a) shall not apply to a relevant application (F) made before the applicable date where the MARA is satisfied that—

(i) a material change is being sought to the application by the applicant, or

(ii) material information provided in, or accompanying, the application was submitted more than 2 years before the applicable date.

(5B) The MARA may, if it thinks it appropriate to do so, give reasons for any decision by it to decline to treat a relevant application (F) as a relevant application (M) and, in any such case, those reasons may form the basis of consultations between the relevant Minister and the applicant under section 3 concerned as to the appropriate course of action to be taken with regard to the relevant application (F).”,

and

(c) in subsection (6), by the insertion of the following definitions:

“‘applicable date’ means the date of commencement of section 244 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;

‘relevant application (F)’ means an application under section 3 for the grant of a licence;

‘relevant application (M)’ means a licence application within the meaning of the Act of 2021.”.