Maritime Area Consents
The Maritime Area Planning Act 2021 established a marine planning system consisting of a new licensing and development management regime from the high-water mark to the outer limit of the State’s continental shelf, administered by An Coimisiún Pleanála, the coastal local authorities and the Maritime Area Regulatory Authority (MARA).
A Maritime Area Consent (MAC) is required under the Maritime Area Planning Act 2021 in Ireland for occupying a part of the maritime area for specific purposes. It is the first step in the new planning process, granting the right to occupy a defined area of the sea and seabed for a designated purpose.
Purpose:
MACs are a key component of the new marine planning system established by the Maritime Area Planning Act 2021. The new system is designed to facilitate a streamlined consenting process for developers, and a route for developers to the planning system, by assessing applications for MACs.
Types of Activity requiring a MAC:
Any usage that is not licensable, exempt or covered by other legislation, including but not limited to:
- Offshore Renewable Energy – Windfarm
- Offshore Renewable Energy – Supporting Infrastructure
- Port (non-ORE)
- Cables
- Renewable Energy (non-wind)
- State Infrastructure
- Storage (gas/fuel)
- Utilities
- Tourism & Recreation
- Coastal Protection / Flood Relief Schemes
Under the Marine Area Planning Act 2021, the expiration of an existing foreshore lease or any change to a foreshore lease will require a MAC application.
When a MAC is not required:
- In relation to fishery harbours, aquaculture or sea fishing
- Undertaken on a privately owned part of the maritime area
- Navigation or fishing
- Any maritime usage subject to a maritime usage licence
- Works in relation to lighthouses, radio navigation systems (Commissioner of Irish Lights) for the purposes of, or consisting of, the placement of aids to navigation
- The exploration or working of petroleum or the restoration of the area in which such exploration for, or working of, such petroleum has taken place
- Any maritime usage specified in regulations.
Relationship to planning permission:
A MAC is the gateway into the planning system as MACs are required before any planning applications are made to An Coimisiún Pleanála and the coastal local authorities.
A MAC may be granted following assessment of the applicant and the proposed project, and only MAC holders can apply for development permission in the maritime area. A MAC is the right to occupy a part of the maritime area, conditional on securing other necessary approvals. A MAC is not a consent to undertake development or activity and does not relieve the MAC Holder of any legal obligation to obtain development consent, development permission, planning permission or any other consent or authorisation required to carry out any development on the MAC Area or any other part of the maritime area.
MAC assessment:
MARA is the body responsible for assessing MAC applications.
A MAC gives the holder of a MAC a right to occupy a specific part of the maritime area for a specific purpose (maritime usage). Development in the maritime area is subject to a single comprehensive environmental assessment by the relevant planning authority. Public participation for maritime development (that are required to hold a MAC) occurs at planning permission stage and is not undertaken by MARA.
Types of Application
- Section 75 (1) – when a MAC is required prior to seeking development permission
- Section 75 (4) – when a MAC is required after the grant of development permission
- Section 76 – when a MAC is required but not development permission
- Section 105 – transitional provisions for certain foreshore authorisations
- Section 106 – transitional provisions for certain unauthorised maritime usages