Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

These amendments create a new Chapter 2 of the new Part 4 within the Gas (Amendment) and Miscellaneous Provisions Bill. These directly amend the Maritime Area Planning Act 2021 to remedy issues related to the making of the south coast offshore renewable energy designated maritime area plan, DMAP, in the absence of a statutory marine planning policy statement and provide a mechanism allowing the Minister for the Environment, Climate and Communications, in his role as competent authority, to revise the DMAP on foot of the output of public consultation, appropriate assessment and strategic environmental assessment.

Chapter 2 to Part 4 deals with the amendments to the Maritime Area Planning Act 2021 to provide for certain arrangements relating to the making of the marine planning policy statement and designated maritime area plans. Amendment No. 19 inserts a new section 31 into the Bill, amending section 6 of the 2021 Act, which deals with the marine planning policy statement. Section 6(4) is amended to change the time after the commencement of section 6 of the 2021 Act within which the marine planning policy statement should be commenced. Sections 6(8) and 6(9) are amended to correct a minor error by substituting the term "marine planning" for "maritime planning".

Amendment No. 20, inserting a new section 32 into this Bill, adds a new section 6A to the Maritime Area Planning Act 2021 to provide that any reference in that Act or in the Planning and Development Act 2000 to a requirement to be consistent with, not to cause any significant inconsistency with, to ascertain whether there is any inconsistency with or to have regard to the marine planning policy statement is only applicable where a marine planning policy statement has been made and that its absence prior to the commencement of section 6 of the Maritime Area Planning Act 2021 or afterwards does not, in relation to these Acts, preclude a public body from performing any function or effect the validity of any Act, document or function nor does it affect the preparation, progression or finalisation of any document, procedure, application or review of an application.

Amendment No. 21 inserts a new section 33 into the Bill. It is a consequential amendment to section 10(3) of the 2021 Act which refers to regulation- and order-making powers.

Amendment No. 22 inserts a new section 34 into the Bill and amends section 21 of the Maritime Area Planning Act 2021 to specify that the designation of a competent authority is completed by order.

Amendment No. 23 inserts a new section 35 into this Bill and amends section 29(4) of the Maritime Area Planning Act 2021 to allow the Minister, as competent authority, to carry out the revision of a draft DMAP following compliance with sections 22 and 23 of the 2021 Act to take into account any relevant considerations arising from the public consultation, appropriate assessment and strategic environmental assessment carried out, as required by those sections, in respect of the draft, if necessary.

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