Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I move amendment No. 32:

In page 29, between lines 12 and 13, to insert the following:“Construction of sections 176A, 176B and 176C (screening for environmental impact assessment) of Act of 2000 during specified period

22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.”.

This grouping of amendments relates to the proposals in Chapters 1 and 2 of Part 2 of the Bill for the carrying out of the screening of environmental impact assessments, EIAs, in respect of a development before an application is made for planning permission for the development. Government amendment No. 32 arises from a Sinn Féin Dáil Committee Stage amendment and proposes to insert a new section in the Bill, section 22, making it clear that if screening for an EIA has been requested for a proposed strategic housing development under Chapter 1 of Part 2 of the Bill, the general arrangements for the carrying out of an EIA screening that are proposed to be inserted into the Planning Act 2000 will not apply to the development. The amendment is necessary given that under the wording of the Bill as it stands, a second EIA screening could be required to be carried out for the same development, in certain circumstances. The amendment removes that possibility.

Government amendment No. 37 relates to section 25 of the Bill, which proposes to insert general arrangements for carrying out EIA screening into the Planning Act 2000. The amendment substitutes a new subsection (2) into the proposed new section 176A of the 2000 Act. The new provision deals with applying for an EIA screening without making reference to the person who proposes to undertake the development. This is because the class of person who can undertake a development and the class of person who can apply for an EIA screening determination are different and it is prudent to avoid any possible confusion arising from the wording in the Bill.

Government amendments Nos. 38 and 36 relate to subsection (5) of the new section 176B proposed to be inserted into the Planning Act 2000 and provide that a planning authority's public notice of its EIA screening determination on a proposed development must dictate that the determination may be referred to An Bord Pleanála for review and must also list those persons who may make such a referral to the board if they wish to pursue that course. The public notice must also state that the validity of the board's EIA screening determination on foot of a referral of a planning authority's determination may be challenged by way of judicial review as well as the authority's determination.

Government amendments Nos. 40 to 42, inclusive, relate to subsection (9) of the new section 176C proposed to be inserted into the Planning Act 2000 and provide that the board's public notice of its EIA screening determination in respect of a proposed development must state whether a document relates to the board's screening determination and can be inspected and purchased by the public.

I dealt with the Opposition amendments in some detail on Committee Stage. Therefore, I will just propose, in a positive way, the Government's amendments.

See this speech in context