Oireachtas Joint and Select Committees

Thursday, 15 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 35:

“Legal acts of European Union and International Conventions given effect to by this Act

3. Effect or further effect, as the case may be, is given by this Act to—

(a) an act specified in Part 1 of the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act, and

(b) an International Convention specified in Part 2 of the Table to this section, ratified by either the European Union and/or the State, or, where appropriate to part of such a Convention.

Table

Part 1
Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States
Birds Directive
Environmental Impact Assessment Directive Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment
Habitats Directive
Major Accidents Directive
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy
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
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EC
Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to Justice Council Directives 85/337/EEC and 96/61/EC
Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment

of the Community
Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning
Part 2
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters done in the Danish city of Aarhus on 25 June 1998
Transboundary Convention European Landscape Convention done at Florence on 20 October 2000

This is a bit unusual. In the original Planning and Development Act, there was a table not unlike the one in this amendment that listed the legal acts of the EU and international conventions given effect to by the Act. I understood that this came up at some point during the consultative process prior to the publication of the Bill and it was understood that a table such as this albeit updated would have been inserted into the Act. It seems that instead of that approach, there are individual mentions of individual EU legislation and international conventions that are relevant to different sections scattered around but it seems to me that this is the wrong approach and very unhelpful and unclear. It would make eminent sense for this table, which is updated from the original table from the 2000 Act, to be inserted in this location.

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