Maritime Area Planning Act 2021

Chapter 6

Competent authority (M) and DMAPs

Competent authority (M) may make DMAPs

29. (1) Subject to subsection (3), the competent authority (M) may prepare and publish on a website of the Government a DMAP in accordance with Chapter 3 and the MSP Directive in respect of one or more than one of the following:

(a) all or specified activities of a competent authority for the purposes of the MSP Directive;

(b) acting as a coordinating body for some or all of the competent authorities for some of their activities;

(c) one or more than one designated geographical or sectoral area, or both, of the maritime area.

(2) The competent authority (M) shall be deemed to have all the functions necessary to perform functions for the purposes of exercising his or her power under subsection (1).

(3) Subject to subsection (4), the provisions of Chapters 3 to 5 shall, for the purposes of subsection (1), apply to the competent authority (M) as if references in those provisions to the competent authority (D) were references to the competent authority (M).

(4) The following modifications shall apply, for the purposes of subsection (1), to the provisions of Chapters 3 to 5:

(a) section 20 shall be treated as being deleted (but without prejudice to the generality of section 20 (7) once the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6);

(b) section 21 (1) shall be treated as if the words “he or she decides to exercise the power under section 29 (1)” were substituted for the words “its designation under section 20 as such”;

(c) section 21 (3) and (4) shall be treated as being deleted;

(d) section 21 (5) shall be treated as if the words “he or she has prepared the relevant proposal, publish, or cause to be published, such proposal on a website of the Government” were substituted for the words “it has been approved under subsection (4)(a) to prepare a draft DMAP based on the relevant proposal, publish, or cause to be published, such proposal on its website”;

(e) section 21 (6) shall be treated as being deleted;

(f) section 22 (1) shall be treated as if the words “relevant proposal concerned has been published in accordance with section 21 (5)” were substituted for the words “competent authority (D) has been approved under section 21 (4)(a) to prepare a draft DMAP based on the relevant proposal concerned”;

(g) section 22 (4) shall be treated as being deleted;

(h) section 23 (1) and (3) shall be treated as if the words “a website of the Government” were substituted for the words “its website”;

(i) section 24 shall be treated as being deleted;

(j) section 25 (2) shall be treated as if the words “after section 24 has been complied with” were deleted;

(k) section 26 (2) shall be treated as being deleted;

(l) section 28 (4) shall be treated as being deleted;

(m) section 28 (5) shall be treated, in the definition of “relevant provisions”, in paragraph (b), as if the words “and subject to Chapter 6 if applicable” were inserted after “is a DMAP”.