Oireachtas Joint and Select Committees

Wednesday, 10 November 2021

Select Committee on Housing, Planning and Local Government

Maritime Area Planning Bill 2021: Committee Stage (Resumed)

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

I move amendment No. 249:

In page 179, line 6, to delete “Chapter,” and substitute “Chapter”.

This is a technical drafting amendment, the purpose of which is to delete the comma after "Chapter".

Amendment No. 250 is a technical drafting amendment to delineate more clearly what the section will provide. It ensures the provisions listed will not apply in the maritime area. It slightly changes the layout to include subsections (a) and (b), and to list separately every relevant section in subsection (b) rather than include a cumulative list as in the initiated text. It also adds Part XIII (Amenities) to the list of provisions in the Planning and Development Act that will not apply in the maritime area.This does not mean the amenities will not be protected in the maritime area but rather that Part XIII of the Bill will not apply. Amenities in the maritime area will, of course, be addressed in the national marine planning framework, including DMAPs prepared thereunder. In fact, all the forward planning aspects of the maritime area are to be covered under the Bill rather than in any existing parts of the Planning and Development Acts, as that is the primary purpose of the Bill.

The overall effect of this provision, in simple terms, is to ensure these Parts and sections will not be applied to maritime developments through the extension of the functional areas of coastal planning authorities into their nearshores. Fundamentally, the provisions referred to in this section either are provided for in this Bill or will be accommodated through the forward planning provisions such as the marine spatial plans and DMAPs.

Amendment No. 251 is a technical drafting amendment and is similar to amendment No. 250 in that it will amend the syntax to deploy more appropriately the provision, as advised by the Office of the Parliamentary Counsel. It will not alter the initiated text to have a different effect from that already drafted.

Amendment No. 252 is a technical drafting amendment, the purpose of which is to delete “State Property Act 1954” and substitute “Act of 1954”, given the definition has been provided elsewhere in the Planning Act, as proposed in amendment No. 254. The purpose of amendment No. 254 is to include in this subsection a definition for “Act of 1954” as referred to in other amendments.

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