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Reference Number
(1)
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Provision of Act of 2000
(2)
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Extent of Amendment
(3)
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1.
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Section 2
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In subsection (1) —
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(a) the definition of “permission” is amended by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”,
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(b) the following definition is substituted for the definition of “permission regulations”,
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“ ‘permission regulations’ means regulations under section 33, 37P, 172(2), 174 or 306;”,
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(c) the definition of “unauthorised structure” is amended, in paragraph (b), by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”,
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(d) the definition of “unauthorised use” is amended, in paragraph (b), by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”, and
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(e) the definition of “unauthorised works” is amended, in paragraph (b), by the substitution of “section 34, 37G, 37N or 293” for “section 34, 37G or 37N”.
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Subsection (1) is further amended by the insertion of the following definitions:
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“ ‘Act of 1933’ means the
Foreshore Act 1933
;
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‘coastal planning authority’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘maritime area’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘maritime area consent’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘maritime site’ means a part of the maritime area, and includes—
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(a) the waters of that part of the maritime area,
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(b) the seabed in that part of the maritime area, and
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(c) all substrata beneath the seabed in that part of the maritime area;
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‘maritime spatial plan’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘maritime spatial planning’ means—
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(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 201426
, and
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(b) land-sea interactions within the meaning of that Directive;
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‘National Marine Planning Framework’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘national newspaper’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘nearshore area’ has the meaning assigned to it by the Maritime Area Planning Act 2021;
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‘objectives of maritime spatial planning’ means—
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(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014, to give consideration when establishing and implementing maritime spatial planning,
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(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and
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(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;
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‘outer maritime area’ means that part of the maritime area that is not within the nearshore area of any coastal planning authority;”.
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2.
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Section 3
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The following subsection is substituted for subsection (1):
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“(1) In this Act, except where the context otherwise requires, ‘development’ means—
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(a) the carrying out of any works in, on, over or under land, or the making of any material change in the use of any land or structures situated on land, or
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(b) development within the meaning of Part XXI (inserted by
section 171
of the Maritime Area Planning Act 2021).”.
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3.
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Section 4
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Subsection (1) is amended by the substitution of the following paragraphs for paragraph (aa):
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“(aa) development by a local authority in its functional area (other than, in the case of a local authority that is a coastal planning authority, its nearshore area);
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(ab) development by a coastal planning authority that—
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(i) owns the maritime site on which the development is proposed to be situated, or
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(ii) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
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in its nearshore area;”.
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The following subsections are inserted:
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“(1A) Subject to subsection (1B), the following classes of development shall also be exempted development for the purposes of this Act if carried out wholly in the maritime area:
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(a) development for the purposes of any survey for archaeological purposes;
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(b) development for the purposes, or consisting, of—
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(i) the exploration for petroleum, within the meaning of Part II of the
Petroleum and Other Minerals Development Act 1960
, in accordance with a licence under section 8, 9 or 19 of that Act or a lease under section 13 of that Act,
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(ii) the working, within such meaning, of such petroleum, in accordance with such lease or licence, or
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(iii) the restoration of the area in which such exploration or working has taken place;
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(c) development consisting, or for the purposes, of the construction or operation, in accordance with a consent under subsection (1) of
section 40
of the
Gas Act 1976
, of an upstream pipeline,
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(d) development for the purposes, or consisting, of dumping within the meaning of the
Dumping At Sea Act 1996
;
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(e) development authorised under
section 638
of the
Merchant Shipping Act 1894
or
section 3
of the
Merchant Shipping (Commissioners of Irish Lights) Act 1997
by the Commissioners of Irish Lights for the purposes, or consisting, of the placement of aids to navigation;
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(f) activities that are the subject of, or require, a licence under
Part 5
of the Maritime Area Planning Act 2021;
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(g) development consisting of the use of any land or maritime site for the purposes of—
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(i) the harvesting of shellfish, or
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(ii) activities relating to fishing or aquaculture.
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(1B) Development referred to in paragraph (a), (d), (e), (f) or (g) of subsection (1A) shall not be exempted development if an environmental impact assessment of the development is required.
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(1C) Development referred to in paragraph (a), (d), (e) or (g) of subsection (1A) shall not be exempted development if an appropriate assessment of the development is required.”.
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Subsection (3) is amended by the substitution, in paragraph (a), of “subsection (1) or (1A)” for “subsection (1)”.
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4.
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Section 12
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The following subsection is substituted for subsection (18):
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“(18) In this section ‘statutory obligations’ includes—
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(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
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(i) the national and regional development objectives specified in—
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(I) the National Planning Framework, and
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(II) the regional spatial and economic strategy, and
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(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
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(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.”.
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5.
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Section 13
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The following subsection is substituted for subsection (14):
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“(14) In this section ‘statutory obligations’ includes—
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(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
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(i) the national and regional development objectives specified in—
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(I) the National Planning Framework, and
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(II) the regional spatial and economic strategy, and
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(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
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(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.”.
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6.
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Section 23
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Subsection (3) is amended, in paragraph (a), by the insertion of the following subparagraph:
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“(iiia) the National Marine Planning Framework, in circumstances where the strategy is likely to affect the maritime area,”.
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7.
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Section 31
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Subsection (1) is amended, in paragraph (ba), by—
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(a) the deletion, in subparagraph (i), of “or”, and
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(b) the insertion of the following subparagraph:
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“(ia) the National Marine Planning Framework, or”.
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8.
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Section 31Q
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Subsection (1) is amended—
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(a) in paragraph (a), by the insertion of the following subparagraph:
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“(ia) the role of such members, authorities and assemblies in relation to guidelines under
section 7
of the Maritime Area Planning Act 2021 and directives under
section 8
of that Act,”, and
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(b) in paragraph (b), by the substitution of the following subparagraph for subparagraph (i):
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“(i) such matters as the Minister may specify relating to—
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(I) proper planning and sustainable development, and
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(II) maritime spatial planning, and”.
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9.
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Section 31S
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Subsection (1) is amended—
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(a) in paragraph (a), by—
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(i) the insertion, after “Chapter IV of Part II”, of “or
section 7
or
8
of the Maritime Area Planning Act 2021,”, and
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(ii) the insertion, after “rural,”, of “or maritime spatial planning,”, and
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(b) in paragraph (c), by the insertion, after “Strategy)”, of “, the National Marine Planning Framework”.
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10.
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Section 31AM
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Subsection (2) is amended, in paragraph (b), by the insertion of “and the National Marine Planning Framework” after “National Spatial Strategy)”.
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11.
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Section 31AQ
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Subsection (2) is amended, in paragraph (b), by the insertion of “and the National Marine Planning Framework” after “National Spatial Strategy)”.
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12.
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Section 35
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Subsection (1) is amended, in paragraph (b), by the substitution of “this Part or Chapter III of Part XXI,” for “this Part”.
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13.
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Section 37A
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Subsection (1) is amended by the substitution of “Subject to Part XXI, an application for permission” for “An application for permission”.
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14.
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Section 40
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Subsection (1) is amended by the substitution of “this Part or Part XXI” for “this Part”.
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15.
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Section 41
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Subsection (1) is amended by—
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(a) the substitution of “this Part and Part XXI” for “this Part”, and
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(b) the substitution of “section 34, 37, 37G, 37N or 293” for “section 34, 37, 37G or 37N” in each place that it occurs.
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16.
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Section 44
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Subsection (1) is amended by the substitution of “this Part or Part XXI” for “this Part”.
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17.
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Section 125
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The following subsection is inserted:
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“(2) This Chapter (other than sections 126, 127, 128, 129, 130, 131, 132, 133 and 134) shall apply to—
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(a) applications under section 291, and
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(b) requests under section 297.”,
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and section 125 as it stood immediately before the insertion of the foregoing shall be referred to as subsection (1) of section 125.
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18.
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Section 139
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Subsection (2) is amended by the substitution of the following paragraphs for paragraph (a):
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“(a) the matters to which a planning authority shall have regard specified in paragraph (a) of subsection (2) of section 34,
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(aa) in the case of the appeal of a decision of a planning authority in respect of development to which Chapter II of Part XXI applies or proposed such development, the matters referred to in paragraph (a) and the matters to which a planning authority shall have regard specified in subsection (2) of section 282,”.
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19.
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Section 140
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Subsection (1) is amended, in subparagraph (v) of paragraph (a), by the insertion of “or 291” after “section 37L”.
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Subsection (2) is amended, in paragraph (a), by the insertion of “or 291” after “section 37L”.
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20.
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Section 143
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Subsection (1) is amended by the substitution of “The Board shall, in the performance of its functions (other than functions conferred by Chapter III of Part XXI), have regard to” for “The Board shall, in performing its functions, have regard to”.
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21.
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Section 144
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Subsection (1A) is amended—
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(a) by the insertion of the following paragraph:
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“(bb) an application under section 291 or a request under section 297;”,
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and
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(b) in paragraph (j), by the insertion of “or pursuant to a notice under section 291 or 297 or an invitation under section 292, or under” after “226,”.
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22.
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Section 154
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Subsection (5) is amended, in subparagraph (ii) of paragraph (a), by the insertion of “or section 293” after “Part III”.
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23.
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Section 157
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The following subsection is inserted:
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“(1A) Summary proceedings for an offence under this Part may be brought and prosecuted by the Maritime Area Regulatory Authority whether or not the offence is committed in the maritime area.”.
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Subsection (4) is amended, in subparagraph (ii) of paragraph (a), by the insertion of “or section 293” after “Part III”.
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24.
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Section 160
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The following subsections are inserted:
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“(5A) (a) An application under this section to the Circuit Court shall, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, be made to the judge of the Circuit Court for the circuit in which the functional area (other than the nearshore area) of that coastal planning authority is situated.
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(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section in relation to a development referred to in paragraph (a) where the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out the development does not exceed €500,000.
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(5B) (a) An application under this section, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, shall be made to the High Court if that development was carried out by or on behalf of a person who at the time of the carrying out of the development was not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development.
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(b) An application under this section, in respect of development situated wholly in the outer maritime area, shall be made to the High Court.”.
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Subsection (6) is amended, in subparagraph (ii) of paragraph (a), by the insertion of “or section 293” after “Part III”.
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25.
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Section 162
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Subsection (1) is amended, in paragraph (a), by the insertion of “or section 293” after “Part III”.
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26.
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Section 163
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The words “or section 293” are inserted after “Part III” in each place that the latter occurs.
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27.
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Section 172
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The definition of “proposed development” in paragraph (a) of subsection (1A) is amended, in subparagraph (i), by—
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(a) the deletion of “and” at the end of that subparagraph, and
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(b) the insertion of the following clause after clause (VI):
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“(VII) development to which Chapter III of Part XXI applies; and”.
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28.
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Section 173
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Subsection (1) is amended by the insertion, after “section 34(3)”, of “or Chapter III of Part XXI”.
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29.
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Section 173A
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Subsection (1) is amended by—
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(a) the substitution of the following definition for the definition of “application for permission”:
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“ ‘application for permission’ means—
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(a) an application for permission for development under Part III,
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(b) an application for permission for development under section 291,
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(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,
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(d) an application for substitute consent under section 177E, or
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(e) a request under section 297;”,
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and
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(b) the substitution of the following definition for the definition of “grant of permission”:
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“ ‘grant of permission’ means—
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(a) a grant of permission for development under Part III,
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(b) a grant of permission for development under section 293,
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(c) an approval for development under section 175, 177AE, 181B, 182D or 226,
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(d) a grant of substitute consent under section 177K, or
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(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development.”.
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30.
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Section 173B
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Subsection (1) is amended by—
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(a) the substitution of the following definition for the definition of “application for permission”:
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“ ‘application for permission’ means—
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(a) an application for permission for development under Part III,
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(b) an application for permission for development under section 291,
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(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,
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(d) an application for substitute consent under section 177E, or
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(e) a request under section 297;”,
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and
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(b) the substitution of the following definition for the definition of “grant of permission”:
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“ ‘grant of permission’ means—
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(a) a grant of permission for development under Part III,
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(b) a grant of permission for development under section 293,
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(c) an approval for development under section 175, 177AE, 181B, 182D, or 226,
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(d) a grant of substitute consent under section 177K, or
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(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development;”.
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31.
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Section 173C
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Subsection (10) is amended by the substitution of the following definition for the definition of “permission”:
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“ ‘permission’ means—
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(a) permission for development under Part III,
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(b) permission for development under section 293,
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(c) approval for development under section 175, 177AE, 181B, 182D or 226,
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(d) substitute consent under section 177K, or
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(e) the alteration of the terms of a permission for development in accordance with a decision under section 297;”.
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32.
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Section 174
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Subsection (2) is amended by the substitution of “182B(1), 182D(1), 282(2), 293(2) and 297” for “182B(1) and 182D(1)”.
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Subsection (4) is amended by the insertion, after “Ireland”, of “(including the maritime area)”.
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33.
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Section 175
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The following subsection is substituted for subsection (3):
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“(3) Subject to subsection (3A), where an environmental impact assessment report has been prepared in accordance with subsection (1), the local authority shall apply to the Board for approval of the proposed development to which the report relates.”.
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The following subsections are inserted:
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“(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area unless it—
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(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
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(b) is the owner of land on which it is proposed to carry out the development concerned, or
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(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.
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(3B) The Board shall neither consider an application under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (9) unless the applicant for such approval—
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(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
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(b) is the owner of land on which it is proposed to carry out the development concerned, or
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(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.”.
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Subsection (12) is amended by the substitution of the following paragraphs for paragraph (a):
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“(a) in the case of an area other than a maritime site, the provisions of the development plan for the area,
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(aa) in the case of a maritime site, the matters to which the Board is required to have regard under subsection (3) of section 293 when making a decision in relation to an application under section 291,”.
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34.
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Section 176A
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The following subsection is inserted:
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“(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—
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(a) is the holder of a—
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(i) maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or
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(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,
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(b) is the owner of land on which it is proposed to carry out the development concerned,
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(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or
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(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.”.
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Subsection (3) is amended by the substitution of the following paragraph for paragraph (b):
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“(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),”.
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Subsection (5) is amended by—
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(a) the insertion, in paragraph (a), of “(if any)” after “owner”, and
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(b) the substitution of the following paragraph for paragraph (b):
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“(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,”.
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Subsection (7) is amended by the substitution of “the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)” for “the planning authority shall also notify the owner and, where the owner is not the occupier of the land, the occupier of its decision under subsection (6)”.
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35.
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Section 176B
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Subsection (2A) is amended by—
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(a) the insertion, in subparagraph (ii) of paragraph (b), of “(if any)” after “owner”, and
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(b) the insertion, in subparagraph (iii) of paragraph (b), of “(if any)” after “occupier”.
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Subsection (4) is amended by the substitution of the following paragraph for paragraph (c):
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“(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,”.
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Subsection (5) is amended, in paragraph (i), by—
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(a) the insertion, in subparagraph (II), of “(if any)” after “owner”, and
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|
(b) the insertion, in subparagraph (III), of “(if any)” after “occupier”.
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|
Subsection (6) is amended, in subparagraph (i) of paragraph (a), by—
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|
(a) the insertion, in clause (II), of “(if any)” after “owner”, and
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|
(b) the insertion, in clause (III), of “(if any)” after “occupier”.
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36.
|
Section 176C
|
Subsection (6A) is amended, in paragraph (b), by—
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|
(a) the insertion, in subparagraph (iii), of “(if any)” after “owner”, and
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|
(b) the insertion, in subparagraph (iv), of “(if any)” after “occupier”.
|
|
|
|
Subsection (8) is amended by the substitution of the following paragraph for paragraph (d):
|
|
|
|
“(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and”.
|
|
|
|
Subsection (11) is amended, in subparagraph (i) of paragraph (a), by—
|
|
|
|
(a) the insertion, in clause (II), of “(if any)” after “owner”, and
|
|
|
|
(b) the insertion, in clause (III), of “(if any)” after “occupier”.
|
|
37.
|
Section 177K
|
Subsection (2) is amended, in paragraph (i), by the insertion of “282(3) or 293(7)” after “section 34(4),”.
|
|
|
|
Subsection (3) is amended, in paragraph (a), by the insertion of “282(3) or 293(7), as may be appropriate,” after “section 34(4),”.
|
|
38.
|
Section 177R
|
Subsection (1) is amended, in paragraph (a), by the substitution of the following definition for the definition of “proposed development”:
|
|
|
|
“ ‘proposed development’ means—
|
|
|
|
(a) a proposal to carry out—
|
|
|
|
(i) development to which Part III applies,
|
|
|
|
(ii) development that may be carried out under Part IX,
|
|
|
|
(iii) development that may be carried out by a local authority under Part X or XAB or development that may be carried out under Part XI,
|
|
|
|
(iv) development on the foreshore under Part XV,
|
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|
|
(v) development under section 43 of the Act of 2001,
|
|
|
|
(vi) development under
section 51
of the
Roads Act 1993
, or
|
|
|
|
(vii) development to which Chapter II or III of Part XXI applies,
|
|
|
|
(b) notwithstanding that the development has been carried out, development in relation to which an application for substitute consent is required under Part XA, or
|
|
|
|
(c) a requested alteration within the meaning of Chapter III of Part XXI;”.
|
|
39.
|
Section 177S
|
Subsection (2) is amended by—
|
|
|
|
(a) the substitution of “Subject to subsection (3), the competent authority” for “The competent authority”, and
|
|
|
|
(b) the substitution of the following paragraph for paragraph (h):
|
|
|
|
“(h) in relation to proposed development that may be carried out by a local authority under Part X or XAB or proposed development that may be carried out under Part XI, the Board.”.
|
|
|
|
The following subsection is inserted:
|
|
|
|
“(3) The competent authority in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall, in relation to proposed development to which Chapter III of Part XXI applies, be the Board.”.
|
|
40.
|
Section 177U
|
Subsection (8) is amended—
|
|
|
|
(a) in paragraph (g), by the deletion of “or”,
|
|
|
|
(b) in paragraph (h), by the substitution of “Part XA, or” for “Part XA.”, and
|
|
|
|
(c) the insertion of the following paragraph:
|
|
|
|
“(i) a decision to make a requested alteration under subsection (2) of section 297.”.
|
|
41.
|
Section 177AE
|
Subsection (1) is amended by the deletion of the words “, or on the foreshore”.
|
|
|
|
The following subsections are inserted:
|
|
|
|
“(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area, unless it—
|
|
|
|
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
|
|
|
|
(b) is the owner of land on which it is proposed to carry out the development concerned, or
|
|
|
|
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.
|
|
|
|
(3B) The Board shall neither consider an application for permission under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (8), unless the applicant for such approval—
|
|
|
|
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
|
|
|
|
(b) is the owner of land on which it is proposed to carry out the development concerned, or
|
|
|
|
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.”.
|
|
42.
|
Part XI
|
The following section is inserted:
|
|
|
|
“Development in maritime area by local authority or State authority
|
|
|
|
178A. (1) A local authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—
|
|
|
|
(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
|
|
|
|
(b) it is the owner of land on which it is proposed to carry out the development concerned, or
|
|
|
|
(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.
|
|
|
|
(2) A State authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—
|
|
|
|
(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
|
|
|
|
(b) it is the owner of land on which it is proposed to carry out the development concerned, or
|
|
|
|
(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.
|
|
|
|
(3) A coastal planning authority shall not carry out development in the maritime area that materially contravenes the National Planning Framework or any maritime spatial plan applicable to that area.”.
|
|
43.
|
Section 179
|
Subsection (3) is amended by the insertion of the following paragraph:
|
|
|
|
“(c) A report prepared in accordance with paragraph (a) shall—
|
|
|
|
(i) in the case of development situated wholly within the maritime area—
|
|
|
|
(I) contain an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and the objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and
|
|
|
|
(II) specify the reasons and considerations for that evaluation,
|
|
|
|
and
|
|
|
|
(ii) in the case of development proposed to be situated partly on the landward side of a coastal planning authority’s functional area and partly in the maritime area—
|
|
|
|
(I) contain an evaluation referred to in subparagraph (ii) of paragraph (b) and an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and
|
|
|
|
(II) specify the reasons and considerations for those evaluations,
|
|
|
|
in addition to the matters referred to in subparagraphs (i), (iia), (iii), (iv) and (v) of paragraph (b).”.
|
|
44.
|
Section 181
|
Subsection (1) is amended by the substitution of the following subparagraph for subparagraph (vi) of paragraph (b):
|
|
|
|
“(vi) the reference to a specified person of any dispute or disagreement, with respect to the proposed development—
|
|
|
|
(I) between a State authority and the planning authority for the area (including, in circumstances where the planning authority is a coastal planning authority, the nearshore area of that authority) in which the proposed development is to be carried out, or
|
|
|
|
(II) between a State authority and the Board or the Maritime Area Regulatory Authority in relation to proposed development that is to be carried out in the outer maritime area;”.
|
|
|
|
Subsection (2B) is amended—
|
|
|
|
(a) in paragraph (b), by the substitution of “if carried out” for “if carried out, and”, and
|
|
|
|
(b) by the insertion of the following paragraph:
|
|
|
|
“(bb) in the case of proposed development in the maritime area, send a—
|
|
|
|
(i) copy of the application,
|
|
|
|
(ii) copy of the environmental impact assessment report (if any) and Natura impact statement (if any), and
|
|
|
|
(iii) a notice stating that submissions or observations may, during the period referred to in subparagraph (ii) of paragraph (a), be made in writing to the Board in relation to the application for approval,
|
|
|
|
to the Maritime Area Regulatory Authority, and”.
|
|
|
|
Subsection (2M) is amended by the insertion of the following paragraph:
|
|
|
|
“(aa) The Board shall, in the case of development proposed to be situated wholly or partly in the outer maritime area, send a copy of the decision under paragraph (a) of subsection (2L) to—
|
|
|
|
(i) the Minister concerned,
|
|
|
|
(ii) any coastal planning authority in whose nearshore area it is proposed that part of the development would be situated,
|
|
|
|
(iii) the Maritime Area Regulatory Authority, and
|
|
|
|
(iv) any person who made submissions or observations on the application for approval.”.
|
|
|
|
The following subsection is substituted for subsection (2AA):
|
|
|
|
“(2AA) Where an application for approval is made to the Board under subsection (2A), or where further information is required by and furnished to the Board in relation to an application made under that subsection, the Minister concerned shall, simultaneously, forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—
|
|
|
|
(a) the planning authority or each planning authority in whose functional area it is proposed to carry out the development, or
|
|
|
|
(b) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,
|
|
|
|
and the Board, and any such planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall, as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—
|
|
|
|
(i) that application,
|
|
|
|
(ii) any such environmental impact assessment report,
|
|
|
|
(iii) any such Natura impact statement, and
|
|
|
|
(iv) any such further information.”.
|
|
|
|
Subsection (3) is amended—
|
|
|
|
(a) in paragraph (a), by the deletion of the definition of “foreshore”,
|
|
|
|
(b) in paragraph (b), by the deletion of “, including development on the foreshore,”, and
|
|
|
|
(c) in paragraph (d), by—
|
|
|
|
(i) the substitution of the following clause for clause (I) of subparagraph (ii):
|
|
|
|
“(I) the following were substituted for subsection (1):
|
|
|
|
‘(1) Where an appropriate assessment is required in respect of development (in this section referred to as “proposed development”) to which subsection (3) of section 181 applies, the Minister concerned (in this section referred to as the “Minister concerned”) within the meaning of that subsection shall prepare, or cause to be prepared, a Natura impact statement in respect thereof.’,”,
|
|
|
|
and
|
|
|
|
(ii) the deletion of subparagraph (iii),
|
|
|
|
and
|
|
|
|
(d) the substitution of the following paragraph for paragraph (e):
|
|
|
|
“(e) Where an application is made to the Board under this subsection, or where further information is required by and furnished to the Board in relation to an application made under this subsection, the Minister concerned shall at the same time forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—
|
|
|
|
(i) the planning authority in whose functional area it is proposed to carry out the development, or
|
|
|
|
(ii) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,
|
|
|
|
and the Board, and the planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—
|
|
|
|
(I) the application,
|
|
|
|
(II) any environmental impact assessment report,
|
|
|
|
(III) any Natura impact statement, and
|
|
|
|
(IV) any such further information.”.
|
|
45.
|
Section 181B
|
Subsection (11) is amended by—
|
|
|
|
(a) the substitution of the following paragraph for paragraph (a):
|
|
|
|
“(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,”,
|
|
|
|
and
|
|
|
|
(b) the insertion of the following paragraph:
|
|
|
|
“(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,”.
|
|
46.
|
Section 182
|
The following subsection is inserted:
|
|
|
|
“(1A) A local authority shall not be eligible to apply for approval referred to in subsection (1) for development on a maritime site, and no such approval shall be given to a local authority, unless the local authority—
|
|
|
|
(a) is the holder of a maritime area consent granted for the occupation of the maritime site for the purposes of the proposed development,
|
|
|
|
(b) is the owner of land on which it is proposed to carry out the development concerned, or
|
|
|
|
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.”.
|
|
47.
|
Section 182A
|
The following subsection is inserted:
|
|
|
|
“(1A) An undertaker shall not be eligible to apply for approval referred to in subsection (1) for development in a maritime site and no such approval shall be given to him or her, unless he or she—
|
|
|
|
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
|
|
|
|
(b) is the owner of land on which it is proposed to carry out the development concerned, or
|
|
|
|
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.”.
|
|
48.
|
Section 182B
|
Subsection (10) is amended by—
|
|
|
|
(a) the substitution of the following paragraph for paragraph (a):
|
|
|
|
“(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,”,
|
|
|
|
and
|
|
|
|
(b) the insertion of the following paragraph:
|
|
|
|
“(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,”.
|
|
|
|
Subsection (11) is amended, in paragraph (a), by the substitution of “section 34, 37G or 293” for “section 34 or 37G”.
|
|
49.
|
Section 182D
|
Subsection (10) is amended by—
|
|
|
|
(a) the substitution of the following paragraph for paragraph (a):
|
|
|
|
“(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,”,
|
|
|
|
and
|
|
|
|
(b) the insertion of the following paragraph:
|
|
|
|
“(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,”.
|
|
|
|
Subsection (11) is amended, in paragraph (a), by the substitution of “section 34, 37G or 293” for “section 34 or 37G”.
|
|
50.
|
Section 247
|
The following subsection is substituted for subsection (1):
|
|
|
|
“(1) Subject to subsection (1A), a person who—
|
|
|
|
(a) has an interest (including a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned) in land, or
|
|
|
|
(b) is the holder of—
|
|
|
|
(i) a maritime area consent granted for the occupation of a maritime site for the purposes of proposed development, or
|
|
|
|
(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purposes of proposed development on, or in relation to, the maritime site in which the development is proposed to be situated,
|
|
|
|
and who intends to make a planning application may, with the agreement (which shall not be unreasonably withheld) of the planning authority concerned, consult with the planning authority for the purposes of discussing any proposed development in relation to the land or maritime site, as the case may be, and the planning authority may advise the person regarding the proposed application.”.
|
|
51.
|
Section 250
|
Subsection (1) is amended by the insertion of the following paragraph:
|
|
|
|
“(dd) where the address at which he or she ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any maritime site, by publishing the notice or copy on 7 consecutive days in a national newspaper;”.
|
