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.