Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank the Deputies for the amendment. Throughout the Bill everything has been checked to ensure Aarhus Convention compliance. That is a general point. The idea that it is not is incorrect. In regard to the proposed amendment No. 54, there is a definition here that states a development is not exempt where the activity may have a significant impact on the environment. What is "significant"? On page 41, it states: "Development shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required". It is very clear. Therefore, the amendment is unnecessary as such developments would either require an EIA, or, if they were not a type of development subject to an EIA, they would be captured by the fact that the Minister under section 9(1)(a) may only make regulations where "he or she is of the opinion that, by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development or maritime spatial planning."

The limitations within it were adequate and clear. An exemption is not considered a development. I have outlined how I believe that it is more than adequately covered in section 9(3), so I will not be accepting the amendment.