Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I move amendment No. 296:

In page 181, after line 29 to insert the following:

“Amendment of section 285 of Act of 2000

246. Section 285 of the Act of 2000 is amended—

(a) in subsection (2)—

(i) in paragraph (b), by the deletion of “or” last occurring,

(ii) in paragraph (b)(ii), by the substitution of “1933, or” for “1933.”,

and

(b) by the insertion of the following paragraph after paragraph (b):

“(c) subject to subsection (3), on the commencement of section 246 of the Historic and Archaeological Heritage Act 2023—

(i) that was the subject of either—

(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or

(II) a licence granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.”,

and

(c) by the insertion of the following subsections after subsection (2):

“(3) Subsection (2) shall cease to apply to any development referred to in paragraph (c) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 246 of the Historic and Archaeological Heritage Act 2023.

(4) (a) Subject to paragraph (c) where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a lease referred to in subparagraph (ii)(I) of that paragraph, the provisions of section 2 of the Act of 1933 relevant to the lease shall be deemed to apply to the carrying out of the development.

(b) Subject to paragraph (c) where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a licence referred to in subparagraph (ii)(II) of that paragraph, the provisions of section 3 of the Act of 1933 relevant to the licence shall be deemed to apply to the carrying out of the development.

(c) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection but the development required, as appropriate—

(i) an environmental impact assessment,

(ii) an appropriate assessment,

(iii) both an environmental impact assessment and an appropriate assessment,

to be carried out, paragraph (a) or (b), as the case may be, shall not apply to the development unless the assessment was, or those assessments were, as the case may be, carried out before, as appropriate, the making of the lease or the granting of the licence concerned.”.”.