Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 24:

In page 12, between lines 22 and 23, to insert the following:"Amendment of Act of 1976

8.The Act of 1976 is amended in section 40—

(a) by the substitution for subsection (2) of the following:

"(2) The Minister may, where no other satisfactory solution exists, derogate from the restrictions of section 40(1) of the Act of 1976 to permit the management of vegetation referred to in section 1(a) and (b) being carried out—

(a) in the interests of public health and safety,

(b) in the interests of air safety,

(c) to prevent serious damage to crops, livestock, forests, fisheries and water,

(d) for the protection of flora and fauna;

subject to regulations which must specify;

(i) the species of wild flora and fauna which are subject to the derogations;

(ii) the conditions of risk and the circumstances of time and place under which such derogations may be granted;

(iii) the authority empowered to declare that the required conditions obtain and to decide what means, arrangements or methods may be used, within what limits and by whom; and

(iv) the controls which will be carried out,

(b) subsection 3 is deleted.".".

Amendment No. 24 deals with the destruction and burning of vegetation and cultivated lands, as set out on page 12 of the Bill. The purpose is to give the Minister the ability, where there is no other satisfactory solution, to deviate from the restrictions in section 40(1) of the 1976 Act to permit the management of vegetation referred to in section 1(a) or (b). The amendment focuses on the interests of public health and safety and air safety to prevent serious damage to crops, livestock, forests, fisheries and water to ensure the protection of flora and fauna. It states the regulations must specify the species of wild flora and fauna that are subject to derogations, the conditions of risk and the circumstances of time and place under which derogations may be granted and the authority empowered to declare that the required conditions obtain and to decide what means and arrangements of methods may be used. The amendment looks to empower the Minister in this area.

Amendment No. 25 looks at the birds directive. We had this discussion at an earlier stage, but the point is that the amendment would make sure the birds directive was front and centre of the Bill and that the Minister would also be able to protect historical, ecological and archaeological landscapes.

They are the objectives of the two amendments.