Jennifer Whitmore (Wicklow, Social Democrats)
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318. To ask the Minister for Communications, Climate Action and Environment to provide an update on work done to date to prescribe regulations for exempted usages as set out in section 114 of the Maritime Area Planning Act 2021; whether he envisages such regulations to require public consultation; when he expects those regulations to be complete; and if he will make a statement on the matter. [21018/25]

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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The Maritime Area Planning Act 2021 allows me to make provision, by regulation under Section 114, for certain maritime usages listed in Schedule 7 of the Act to be exempted usages where by virtue of their size, nature or limited effect on the maritime area those usages would not offend against the objectives listed in Article 5 of the MSP Directive, or where those usages are already authorised, or are required to be authorised, by or under any other enactment.

These exempting regulations may be subject to conditions and may apply generally or to particular parts of the maritime area. These regulations are required to be screened for the purposes of the Habitats Directive, and Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. Where screened in, I would be required to conduct public consultation prior to making these regulations. Additionally, I am required to consult with the MARA prior to making these regulations.

My officials have commenced engagement with the MARA to identify classes of maritime usages which may be suitable for exemption and will also engage with the Marine Spatial Planning advisory group prior to bringing forward these regulations. The Marine Spatial Planning advisory group brings together relevant stakeholders from the public sector, business, industry, environmental groups, social and knowledge-based sectors to guide strategic thinking in marine spatial planning.

I expect to bring forward exempting regulations by the end of this year.

Jennifer Whitmore (Wicklow, Social Democrats)
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319. To ask the Minister for Communications, Climate Action and Environment if he will provide an update on work done to date to prescribe regulations for emergency works as set out in section 98(4) of the Maritime Area Planning Act 2021; whether he envisages such regulations to require public consultation; when he expects those regulations to be complete; and if he will make a statement on the matter. [21019/25]

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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Section 98 (1) of the Maritime Area Planning Act 2021 (MAPA) provides that a relevant person shall not be required to be the holder of such a Maritime Area Consent (MAC) in respect of relevant works undertaken, or to be undertaken, in the maritime area for the purposes of protecting life or property in an emergency situation (including such works relating to sea defences).

Section 98(4) of the MAPA permits me, as Minister, to specify by regulation the relevant works to which Section 98 (1) applies, the relevant persons who may undertake such relevant works, the consultation that must be carried out by that person and the indemnifications that a relevant person must give the MARA or a CPA before undertaking the relevant works, the notifications that a relevant person must give upon his or her completion of the relevant works, and finally, the procedures for obtaining a MAC in respect of the relevant works after the works have been carried out where, but for Section 98, those works would have required a MAC before being undertaken.

My officials have commenced work to identify the relevant works which would ordinarily require a MAC, and which may need to be carried out in emergency situations as well as the relevant persons who would carry out such works.

Public consultation is not required in relation to these regulations, but my officials will engage with the Marine Spatial Planning (MSP) advisory group prior to finalising these regulations. The MSP advisory group brings together relevant stakeholders from the public sector, business, industry, environmental groups, social and knowledge-based sectors to guide strategic thinking in marine spatial planning.

I expect to bring forward legislation in relation to emergency works by the end of this year.