Part 2Marine Planning

Marine plans

4Marine plans for Northern Ireland inshore region

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it has not been replaced or withdrawn, and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the Department has not withdrawn from it.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;

F1b

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F1c

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d

the Department of Enterprise, Trade and Investment; and

e

the Department for Regional Development.