Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I move amendment No. 17:

In page 75, to delete lines 33 to 41, and in page 76, to delete lines 1 to 3.

Sections 137 to 139, inclusive, of the Bill address obligations under the Aarhus Convention which has been ratified by Ireland in respect of aspects of rehabilitation plans. Where any activity is permitted that may have a significant effect on the environment, the public has a right to participation and ease of access to justice to review decisions. This would normally be addressed through the planning process, but where planning is not applicable, the Minister is subject to the obligations of the convention in respect of any relevant decision. General provision is made for this in sections 203 to 206, inclusive, of Part 7 of the Bill. These sections, however, are intended to apply the same obligations where a person or body other than the Minister, that is, a person authorised under section 135, prepares, revises or adopts a rehabilitation plan. The Attorney General has advised that section 137 is no longer considered necessary and may be deleted. Environmental impacts in regard to rehabilitation plans will be dealt with through the planning process.

Amendment No. 22 is a technical amendment which has been recommended by the Office of the Attorney General on compliance with the Aarhus Convention in respect of public participation in activities which may have a significant effect on the environment. The amendment sets out the criteria that must be considered by the Minister in respect of exploration activities to determine whether they may have a significant effect on the environment and thus whether Article 6 of the convention in respect of public participation shall apply.

See this speech in context