Marine Act (Northern Ireland) 2013

Marine plans for Northern Ireland inshore region N.I.

4—(1) The Department may prepare a marine plan for an area (a “marine plan area”) consisting of the whole or any part of the Northern Ireland inshore region.

(2) Where a marine policy statement governs marine planning for the Northern Ireland inshore region, the Department must seek to ensure that every part of that region is within an area for which a marine plan is in effect.

(3) A “marine plan” is a document which—

(a) has been prepared and adopted for a marine plan area by the Department in accordance with Schedule 1,

(b) states the policies of the relevant Northern Ireland departments (however expressed) for and in connection with the sustainable development of the area, and

(c) states that it is a marine plan prepared and adopted for the purposes of this section.

(4) A marine plan must identify (by means of a map or otherwise) the marine plan area for which it is a marine plan.

(5) Unless relevant considerations indicate otherwise, a marine plan must be in conformity—

(a) with any marine policy statement which governs marine planning for the marine plan area; and

(b) in the case of a plan for part of the Northern Ireland inshore region, with any marine plan in effect for the whole of that region.

(6) A marine plan must state whether it includes provision relating to retained functions.

(7) A marine plan may also include statements or information relating to policies contained in the plan.

(8) If to any extent a policy stated in a marine plan conflicts with any other statement or information in the plan, that conflict must be resolved in favour of the policy.

(9) A marine plan comes into effect when it has been published by the Department in accordance with Schedule 1.

(10) For the purposes of this Part a marine policy statement “governs marine planning” for an area if—

(a) it has been adopted by the Department under Schedule 5 to the 2009 Act,

(b) it has been published in accordance with paragraph 12 of that Schedule,

(c) it has not been replaced or withdrawn, and

(d) the Department has not withdrawn from it.

(11) For the purposes of this Part “the relevant Northern Ireland departments” are—

(a) the Department;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Department of Enterprise, Trade and Investment; and

(e) the Department for Regional Development.

Textual Amendments

F1 S. 4(11)(b)(c) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 90 (with art. 9(2))