Alan Dillon (Mayo, Fine Gael) | Oireachtas source

Amendments Nos. 948, 949, 951 and 952 are of a technical and drafting nature and seek to bring clarity to sections 248 and 249 of the Bill, which empower planning authorities to enter private lands or maritime sites to lay cables, wires, ducts and pipelines and associated apparatus and set out procedures for confirming such power with the commission where the owner or occupier withholds consent. As currently drafted, sections 248(10) and 249(11) provide that for the purpose of Part 6, "Environmental Assessments", neither owner or occupier consent nor an order from the commission confirming the power to enter the land or site constitutes a development consent, that is, for the purpose of EIA or AA. On reflection, this provision is not clear and, therefore, the proposed amendments seek to delete these provisions and instead subject sections 248 and 249 to Part 4. This clarifies that, in addition to having the power to enter the land or maritime site under these sections, the works must have the necessary planning permission under Part 4.