Ireland's State of the Environment Report 2024

233 Chapter 9: The Marine Environment Spatial planning The new Maritime Area Planning Act (S.I. No. 50/2021) established a planning system for Ireland’s maritime area (Figure 9.13). This is underpinned by a statutory Marine Planning Policy Statement and guided by the National Marine Planning Framework to balance the sustainable use of marine space with the protection of marine ecosystems. Specific designations for activities under this, such as offshore wind energy, will then be guided by Designated Maritime Area Plans (DMAPs). Figure 9.13  Marine planning system CPA: Coastal PlanningAuthorities DAFM: Dept ofAgriculture, Food & the Marine MARA: MaritimeArea RegulatoryAuthority DECC: Dept of Environment, Climate & Communications CIL: Commissioners of Irish Lights ABP: An Bord Pleanála EPA: Environmental ProtectionAgency CRU: Commission for Regulation of Utilities DHLGH: Dept. of Housing, Local Government & Heritage Harbour Harbour Harbour Act 1996 MAP Act 2021 Fisheries Amendment Act Foreshore Act 1933 Merchant Shipping Act 1894 Dumping at Sea Act 1996 Electricity Regulation Act 2016 Petroleum & Other Minerals Development Act 1960 Waste Management Act 1996 EPA Act 1992 CPA MARA ABP EPA EIRGRID/CRU DHLGH DAFM High Tide Harbour 3 Nautical Miles 12 Nautical Miles Continental Shelf Limit Nearshore Foreshore Outer Maritime Area DECC CIL The Maritime Area Regulatory Authority MARA was established in July 2023 (DHLGH, 2023b). The establishment of MARA is part of the biggest reform of marine governance in Ireland in almost a century. It marked the transition to a new maritime consenting regime and established a development management regime from the high water mark to the outer limit of the state’s continental shelf, administered by An Bord Pleanála, the coastal local authorities and MARA. This new distribution of powers will require building capacity in those organisations with less experience in coastal planning. MARA is an independent regulatory body responsible for managing and regulating development and activity in Ireland’s maritime area. MARA has responsibility for assessing applications for Maritime Area Consents (MACs), which will be required before projects in the maritime area, such as offshore wind, can apply for development consent. MACs confer a right to occupy the maritime area subject to any necessary development consent. MARA is also responsible for granting maritime usage licences for certain activities in the maritime area (e.g. site investigations, dredging, installation of non-permanent pontoons). The MAC regime does not apply to some developments, including those involving navigation, fishing, aquaculture and petroleum exploration. MARA’s functions are set out in the Maritime Area Planning Act 2021 as follows: ■ assessing MAC applications for the maritime area ■ assessing maritime usage licence applications for specified non-permanent activities ■ checking compliance with and enforcement of MACs, licences and offshore development consents granted by An Bord Pleanála ■ investigations and prosecutions ■ administration of the existing foreshore consent portfolio ■ fostering and promoting cooperation between regulators of the maritime area.