Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I move amendment No. 98:

In page 26, to delete lines 11 to 20 and substitute the following: “(16) Subject to subsection (17), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (13)(a) shall—

(a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(17) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (13)(a) is, pursuant to subsection (14)(a), also so published—

(a) defer, for reasons stated in the notice, the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(18) Subject to section 25(b)of theAircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (13)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(19) Subject to subsection (20), an operating restriction referred to in subsection (18) shall—

(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(20) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (19)(a)—

(a) defer, for reasons stated in the notice, the coming into effect of the operating restriction referred to in subsection (18), and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(21) Subsection (6) of section 34 shall not apply where the competent authority forms the opinion that a noise problem that would arise from the carrying out of the development as proposed would contravene materially the development plan or local area plan.”.