Blog: Maritime Area Planning Act - What does it mean for fishers

In the first of a new series of articles on offshore renewables, written for The Irish Skipper Wind Energy Ireland’s Justin Moran explains the role MARA will have for offshore wind energy and its implications for fishers and other marine users.

What is the Maritime Area Regulatory Authority?

The Maritime Area Regularity Authority – MARA for short – will be a new State agency which is expected to start operations early in 2023. It will have its own Chief Executive Officer, its own Board and its own fulltime staff.
MARA’s main job will be to regulate and administer a new type of licence called a Maritime Area Consent or MAC.
With a small number of exceptions – to which we’ll return – anyone seeking a Maritime Area Consent will need to apply to MARA to get one. Additionally, anyone who wants a licence for some other types of marine activities like dredging, carrying out environmental surveys, the removal of material from the seabed and so on will also need a licence from the MARA.
It is important to be clear the MARA will have no powers over fishing or navigation activities. They are specifically excluded.
What is a Maritime Area Consent? 

A Maritime Area Consent, a MAC, is a licence issued by the Irish State. It authorises the holder to use a specific part of the Irish seabed for a particular activity. In exchange for this the MAC-holder must agree to abide by the terms and conditions set by MARA and to pay a levy for the use of the seabed.
This replaces the system of foreshore leases under the Foreshore Act.
A MAC is necessary for a wind farm developer because it allows them to complete the final investigations they need to prepare their application for planning permission and it excludes other wind farm projects from that area of the seabed so long as they retain their MAC.

Is a Maritime Area Consent the same as planning permission?

No, they are not the same. Anyone who wants to apply for planning permission for a development, like an offshore wind farm, will need to get a MAC first but getting one does not mean a project will automatically get planning permission.
They will still need to apply to An Bord Pleanála for permission to build the project and members of the public will have the right to be consulted about the proposal and, if they wish, to object. If An Bord Pleanála refuses planning permission then the wind farm developer automatically loses the MAC.

You said there were exceptions to this system?

A small number of offshore wind energy projects – sometimes called Phase One, or Relevant, Projects – will be allowed apply for a MAC before MARA is set up in early 2023.
Instead, they will apply to the Minister for Environment, Climate and Communications Eamon Ryan TD

These projects are:

• Oriel Wind Farm off the coast of Louth;
• North Irish Sea Array which is off the coast of north county Dublin;
•  Dublin Array, which is off the coast of Dun Laoghaire and north Wicklow;
• Codling Wind Park, which is off the coast of Wicklow
• Arklow Bank, which is off the coast of Arklow; and
• Skerd (Sceirde) Rocks, which is off the coast of Galway and the only Phase One project not on the east coast

Why are these projects treated differently?

Most wind energy projects off Ireland’s coast are brand new. But these ones have been around for a long time, more than ten years in some cases, and they had made some progress towards being built under the old foreshore system.
Rather than send them all back to square one, and to ensure that offshore renewable energy is developed as fast as possible, the Government is allowing them to apply for a MAC before MARA is set up.
However, they are not guaranteed to get a MAC and it does not give them any advantage in the planning process. And even if they get planning, they will still need to win a contract in a competitive auction before they can be built.

Can I still fish in an area for which a developer has a MAC?

Yes, you can. A MAC applies to the seabed and you should be able to fish normally.
During the period between a developer getting a MAC and – if successful in getting planning permission and winning a contract at auction – starting construction there may be a good deal of survey activity to help inform applications for planning permission. Projects will need to engage with the fishing community in advance of those surveys to minimise disruption.

Find out more
Wind Energy Ireland will have a stand at the Irish Skipper Expo on 25 and 26 March. Please drop over to Stand 143 at any time over the two days and we would love and opportunity to discuss Ireland’s offshore renewable energy future.