Maritime Area Planning Act 2021

Chapter 4

Laying of certain DMAPs before CPAs

Laying of certain DMAPs before CPAs

27. (1) This section applies to a DMAP that applies exclusively within the nearshore area of one or more than one CPA.

(2) Where the relevant competent authority proposes to make a DMAP to which this section applies, the relevant competent authority (or, in the case of such competent authority which is a CPA, the chief executive of the CPA concerned or, if there are two or more CPAs concerned, the chief executives jointly of such CPAs) shall lay a draft of the DMAP before each CPA referred to in subsection (1) concerned and the relevant competent authority shall not make the DMAP until a resolution approving of the DMAP has been passed by each such CPA.

(3) The relevant competent authority (other than in the case of such competent authority which is a CPA) shall, in the making of a DMAP, have regard to—

(a) in the case of a draft of that DMAP laid before only one CPA in accordance with subsection (2), any resolution, report or recommendation of the CPA in so far as such resolution, report or recommendation relates to the draft, or

(b) in the case of a draft of that DMAP laid before two or more CPAs in accordance with subsection (2), any joint resolution, report or recommendation of the CPAs in so far as such resolution, report or recommendation relates to the draft.

(4) The relevant competent authority (not being a CPA) shall cause a copy of a DMAP made by the relevant competent authority to be laid before each CPA referred to in subsection (1).

(5) In this section, “relevant competent authority”, in relation to a DMAP, means the competent authority (M) or competent authority (D) who prepared the DMAP.