Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I move amendment No. 189:

In page 92, between lines 9 and 10, to insert the following: “Application

108.(1) A licence shall not be granted for a Schedule 7 usage that requires an environmental impact statement.

(2) Neither a prohibitory order made under section 6 of the Act of 1933 nor a prohibitory notice made under section 7 of that Act (whether made before or after the coming into operation of this section) shall operate to prevent a licence being granted for a Schedule 7 usage which falls within paragraph 12 of Schedule 7 and is to be undertaken in a part of the maritime area the subject of such order or notice.”

Amendment No. 189 is a technical amendment required to enable a licence to be granted for a part of the maritime area that is the subject of a prohibitory order under section 6 or a prohibitory notice under section 7 of the Foreshore Act 1933. A prohibitory order prohibits the removal or disturbance of beach material from or in an area of seashore, other than in accordance with a licence granted under the Foreshore Act 1933. A prohibitory notice is similar to a prohibitory order except that it only applies to a named individual and is only served on a person where a prohibitory order is not in force. The provision to grant a licence where a prohibitory order or a prohibitory notice is in place already exists in foreshore legislation and this amendment will ensure that similar provision can be made under the new MAP regime.

I wish to be clear that this change does not result in a reduction in the protections for areas covered by existing prohibitory orders. Licences may already be granted under the Foreshore Act for the removal of beach material on the foreshore in these locations and the prohibitory orders simply provide protection for non-licensed activities. They create an offence where none existed prior to their introduction.

It simply maintains the existing provisions for the granting of licences in these areas and allows these licences to be granted under this section of the Bill rather than just the Foreshore Act, which will ultimately be repealed. Overall, prohibitory orders will no longer be required in the maritime area because, as a default, a licence is required for all the things set out in Schedule 7 and this includes the removal of beach material. Currently, this is only restricted in areas subject to a prohibitory order or notice. In essence, where it is currently only an offence to remove or disturb beach material in an area covered by a prohibitory order, it will now be an offence to do this in the entire maritime area.

The licensing regime has built in the relevant environmental screening and protection measures. It also includes policy protection in the form of the national marine planning framework which, as we have discussed, will ultimately comprise all MSPs and DMAPs. This amendment is purely technical to address a direct reference to the licences granted under the Foreshore Act in the sections relating to these orders.