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

I move amendment No. 211:

In page 124, to delete lines 1 to 6 and substitute the following: “(c) development permission is required for the maritime usage the subject of the application and the application for such permission has been refused in circumstances where no further step can be taken by the holder, or a court, in respect of that application.”.

Section 139(c) provides for automatic termination of a MAC in two circumstances. First, where a MAC holder has submitted a planning permission application for a different usage than specified in the MAC and, second, where a planning application has been refused. Amendment No. 211 removes the first circumstance as there will be an element of subjectivity and judgment required where the usage is slightly different. This may or may not be objectionable. The maritime area regulatory authority, MARA, will instead manage such circumstances through the enforcement provisions which can end up with a revocation of the MAC in question.

Amendment No. 214 is a technical amendment to reflect the changes in amendment No. 211.