Maritime Area Planning Act 2021
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Exempted usage | ||
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114. (1) (a) Subject to subsections (2) and (4), the Minister may by regulations provide for any class of Schedule 7 usage to be exempted usage for the purposes of this Part where he or she is of the opinion that— | ||
(i) by reason of the size, nature or limited effect on the maritime area, of usages belonging to that class, the undertaking of such usages without a licence would not offend against the objectives listed in Article 5 of the MSP Directive, or | ||
(ii) usages belonging to that class are authorised, or are required to be authorised, by or under any other enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation). | ||
(b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations. | ||
(c) Regulations made under paragraph (a) shall be the subject of screening for the purposes of— | ||
(i) the Habitats Directive, and | ||
(ii) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 200112 on the assessment of the effects of certain plans and programmes on the environment. | ||
(2) Notwithstanding any regulations made under subsection (1) but subject to subsection (3), any particular Schedule 7 usage shall not be exempted usage if an appropriate assessment or environmental impact assessment of the usage is required. | ||
(3) Subsection (2) shall not apply to a Schedule 7 usage referred to in subsection (1)(a)(ii) where the enactment concerned referred to in subsection (1)(a)(ii) provides for appropriate assessment or environmental impact assessment, as appropriate, of the usage. | ||
(4) On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the MARA. | ||