Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 85:

In page 28, after line 39, to insert the following: “(3) The Minister, in conducting a review of the NMPF or an MSP, shall address the following requirements and considerations in respect of the NMPF for the existing NMPF and for a MSP in the case of a review of a MSP—

(a) consult with—

(i) the Minister with responsibility for Natural Heritage,

(ii) the Minister for Environment, Climate and Communications,

(iii) prescribed bodies listed for the purposes of this Act and as specified in section 2, and

(iv) the public,

(b) consider how the NMPF or MSP complies with the following requirements of the MSP Directive in both what it provides and how it was made:

(i) Article 1;

(ii) Article 5;

(iii) Article 6;

(iv) Article 7;

(v) Article 8(1);

(vi) Article 8(2);

(vii) Article 10;

(viii) Articles 11,

(c) consider how the NMPF or MSP complied with Article 9 in how it was made,

(d) consider the data gaps and deficiencies in respect of ecological aspects of the NMPF, and the requirements of the precautionary principle and the extent to which the plan reflects this adequately,

(e) consider the gaps in the plan on migratory and foraging routes for marine and avian species and the requirements of the precautionary principle and the extent to which the NMPF or MSP reflects this adequately,

(f) consider the assessment reports conducted for the state in accordance with:

(i) Article 16 and 17 of the Habitats Directive;

(ii) Article 17 of the Maritime Spatial Planning Directive;

(iii) Article 12 of the Birds Directive,

(g) consider the requirement to deliver maritime spatial planning whilst achieving good environmental status as set out in the Marine Strategy Framework Directive and how this is complied with and ensured by the NMPF or MSP,

(h) consider the recommendations of the Joint Oireachtas Committee for Housing Local Government and Heritage in their pre-legislative scrutiny report on the Heads of the Marine Planning and Development Management Bill in respect of the need for interim protections for marine biodiversity pending the designation of marine protected areas,

(i) consider the adequacy of contingency arrangements and provisions in the plan to ensure areas which should be designated as marine protected areas are not encroached upon, when considered together with the provisions of this Act,

(j) consider the contribution of cetaceans and sea grass to carbon sequestration and how the plan protects and promotes such considerations given the State’s obligations in respect of reduction in emissions of Green House Gases,

(k) consider the impact of bottom trawling and mining on the sea floor on climate change and how the plan and this Act addresses such considerations given the State’s obligations in respect of reduction in emissions of Green House Gas reductions,

(l) consider the outstanding designations of Natura 2000 sites by Ireland in its Marine environment, and

(m) consider the practicalities of how the over 58 policies specified in the NMPF can be effectively and practically and clearly considered together with their interactions with each other by decision makers, the public and developers.

(4) In setting out any reasons for not deciding to prepare and publish a new MSP to replace the existing NMPF or an MSP as the case may be, the Minister shall set out his or her reasons as required by section 17(2)in respect of each of the consultations and considerations detailed in section 17(3).”.