The Government has published the General Scheme of the Maritime Area Planning (Marine Protected Areas) (Amendment) Bill 2026 (PDF 1.1 MB) (the “General Scheme“), which would amend the Maritime Area Planning Act 2021 (the “MAP Act“) to provide a framework for the designation and management of marine protected areas (“MPAs“) in Irish waters.
Background
The General Scheme is designed to support Ireland’s goal of protecting 30% of its maritime area by 2030, and to meet Ireland’s obligations under the EU Marine Strategy Framework Directive. It also implements the EU Biodiversity Strategy for 2030, the OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic, and the UN Convention on Biological Diversity’s Kunming-Montreal Global Biodiversity Framework.
Rather than creating a separate legal regime for MPAs, the General Scheme integrates MPA designation into the MAP Act’s existing spatial planning tool: the Designated Maritime Area Plan (“DMAP“) process.
The General Scheme also proposes a range of other amendments to the MAP Act more broadly, but this update focuses on the MPA-specific provisions. The General Scheme does not transfer competence for the dumping at sea regime to the Maritime Area Regulatory Authority (“MARA“), although this is separately under discussion.
Policy framework
The policy framework for MPAs rests on three instruments: the MAP Act as amended, the Marine Policy Statement (which replaces and broadens the existing Marine Planning Policy Statement), and an Interim Marine Features List.
The Minister responsible for MAP Act purposes is the Minister for Climate, Energy and the Environment.
The Marine Planning Policy Statement under the MAP Act is amended and renamed to the Marine Policy Statement. It is given a broader remit than planning and will set the framework and criteria for designating MPAs. There are a range of factors which the Minister must have regard to when making the Marine Policy Statement as a whole, including the Common Fisheries Policy and the National Climate Objective in the Climate Action and Low Carbon Development Act 2015.
The Minister must have regard to a range of factors in setting MPA selection criteria in the Marine Policy Statement, including: the vulnerability of marine features; the presence of rare or sensitive marine features; the ecological importance of marine features; the need for a diverse and representative range of protected features; the level of existing disturbance or degradation; the need for MPAs to be of adequate size; the need for ecological coherence between protected areas; and the activities carried out within the maritime area.
Pending finalisation of the Marine Policy Statement, the Minister must set an Interim Marine Features List identifying categories of marine features to be prioritised for protection, having regard to the existing protection afforded under the Wildlife Act, the Birds Directive, the Habitats Directive, or other EU law. The Minister may consult any person or body considered appropriate in preparing the list.
A marine feature could be a species, a habitat, an ecosystem, or ecosystem services. “ecosystem services” means the social, economic or cultural benefits that people derive, either directly or indirectly, from an ecosystem.
Creation of MPAs
An MPA is created by way of a DMAP under a new Chapter 3A, to be inserted into the MAP Act. The Minister will be the default competent authority for preparing and publishing MPAs, and the only competent authority for MPAs situated outside the nearshore area, though the Minister may appoint a coastal local authority, or group of local authorities, to prepare and publish an MPA in a nearshore area adjoining their coast. Once the legislation comes into force, the Minister is obliged to review the maritime area to identify parts potentially suitable for MPA designation.
In selecting sites, the Minister must have regard to the criteria in the Marine Policy Statement (or, pending its availability, the interim features list), the ecological, economic, social and cultural significance of the area, any other DMAPs already in place and any other relevant information.
A DMAP for an MPA must include the geographical area by reference to coordinates, an illustrative map, proposed conservation objectives, recommended conservation measures, and the identity of the competent authority responsible for managing the MPA (either MARA or the relevant local authority).
Regulations governing MPAs
Once an MPA has been made, the Minister may at any time make regulations prohibiting, restricting or otherwise regulating activities within it to achieve its conservation objectives. These regulations may control matters including entry to the MPA, anchoring (including fixing of moorings or anchors to the seabed), killing, taking, destruction or disturbance of animals or plants, removal of anything from the MPA (including archaeological heritage items), and depositing anything within it, together with a broad catch-all power covering anything the Minister considers may interfere with or damage the seabed or otherwise harm the MPA.
Before making a regulation that would prohibit or restrict an activity carried out under a fisheries enactment, the Minister must seek the consent of the Minister for Agriculture, Food and the Marine.
Before making MPA regulations, the Minister must: publish notice of the proposal in a national newspaper, a local newspaper and on a website; make the draft available for inspection for at least 28 days; allow at least 28 further days for written submissions; and take reasonable steps to provide a copy of the draft to any known holder of a relevant proprietary interest in the MPA (for example, a maritime or foreshore licence, permit, approval, authorisation, or seaweed harvesting rights or profits à prendre). Compensation may be available where a previously granted licence or other interest is affected by an MPA regulation.
Consequences of designation
The General Scheme proposes a new compliance obligation, amending section 30 of the MAP Act, under which a public body shall adopt such measures, consistent with the body’s functions, as are necessary to secure the objectives of the National Marine Planning Framework, to support the achievement of the conservation objectives of an MPA, and to be consistent with achieving or maintaining good environmental status under Ireland’s Marine Strategy.
It is not yet clear whether this obligation to “support” the achievement of conservation objectives requires the taking of proactive measures to “support”, or simply to demonstrate that its activity will not prevent or jeopardise the achievement of those objectives.
Separately, the General Scheme would also allow the Minister to direct a public body to adopt specified measures under section 31 of the MAP Act by reference to the conservation objectives of a specified MPA or group of MPAs.
MARA, or a relevant local authority, will be appointed by the Minister as the competent authority responsible for managing each MPA, and must prepare and publish forward-looking management plans and retrospective management reports. Enforcement of MPA regulations will fall to MARA, the Defence Forces, or Inland Fisheries Ireland, depending on the body appointed by the Minister, with a coastal planning authority also eligible for appointment as an enforcement authority where an MPA is exclusively nearshore.
The existing DMAP review mechanism will apply to MPAs, with the review period extended from six to ten years. The General Scheme also flags a risk of overlap and double classification between MPAs and existing Natura 2000 sites, and different bodies (the National Parks and Wildlife Service for Natura 2000, and MARA and others for MPAs) will have responsibility for managing the same area. The Minister must have regard to the Birds and Habitats Directives in preparing the Marine Policy Statement.
Consultation opportunities
The General Scheme provides for consultation at several stages of the MPA process:
- Potential consultation on the Interim Marine Features List, at the Minister’s discretion as to consultees
- Mandatory public consultation on the revised Marine Policy Statement
- Mandatory public consultation on all proposed MPAs
- Mandatory public consultation on all proposed regulations in respect of an MPA
Next steps
The publication of the General Scheme is a significant step towards a dedicated legislative framework for MPAs in Ireland, and towards Ireland’s 2030 marine protection target. However, key questions remain open, in particular the scope of the “support” obligation on public bodies and how it will be applied in practice to its consenting and licensing functions. It is important to note that this is an early draft of the legislation which is likely to evolve.
Developers with interests in the maritime area, including offshore renewable energy developers, should monitor the Bill’s progress through the Oireachtas and engage with the consultations that will accompany the Marine Policy Statement, the Interim Marine Features List, individual MPA designations, and any MPA regulations as they are brought forward.
