S.I. No. 508/2023 - Maritime Area Consent (Certain Application Fees) (No. 2) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th October, 2023.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 78 (1) of the Maritime Area Planning Act 2021 (No. 50 of 2021), after consultation with the Maritime Area Regulatory Authority, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Maritime Area Consent (Certain Application Fees) (No. 2) Regulations 2023.

Definition

2. In these Regulations “Act” means Maritime Area Planning Act 2021 (No. 50 of 2021).

Fee for section 77(1) declaration

3. The fee specified to accompany an application under section 77(1) of the Act for a declaration by the MARA is €1,000.

Fee for MAC grant application

4. The fee specified to accompany an application under section 79(1) of the Act for the grant of MAC for projects with a projected total cost of —

(a) €10,000,000, or less, is a fee of €1,000,

(b) more than €10,000,000 but less than €100,000,000, is a fee of €10,000, and

(c) €100,000,000 or more, is a fee of €25,000.

No fee for application for non-material amendment to MAC

5. The fee specified to accompany an application under section 86(5) of the Act by the holder of a MAC who wishes to make an amendment to the MAC which it considers to be a non-material amendment is zero.

No fee for application for surrender of MAC

6. The fee specified to accompany an application under section 88 of the Act by the holder of a MAC for the surrender of the MAC is zero.

Waiver of fee

7. The MARA may waive a fee under these Regulations where the applicant is a non-profit entity being a legal person organised for a collective, public or social benefit and does not operate as a business whose aim is to generate a profit for its owners.

Revocation

8. The Maritime Area Consent (Certain Application Fees) Regulations 2023 (S. I. No. 403 of 2023) are revoked.

GIVEN under my Official Seal,

24 October, 2023.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for fees in respect of fees to accompany certain applications in relation to maritime area consent for the occupation of part of the maritime area of the State.