Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 32:

In page 12, between lines 29 and 30, to insert the following:“9. (1) Section 40(2) of the Act of 1976 is amended by inserting the following:

“(g) the removal or destruction of vegetation required by a notice served by a local authority under section 70 of the Roads Act 1993 (as amended).”.

(2) Section 40 of the Act of 1976 is amended by adding after subsection (2) the following:

“(2A) Any activity undertaken under section 40(2), by a public authority or any activity authorised by them in the interests of public health and safety is required to be notified to the Minister by the public authority responsible for the execution or authorising of such works, and shall outline:

(a) the public health and/or safety concern or other rationale as to why the works need to be undertaken during the prohibited period together with supporting evidence in this regard; and

(b) how such works were strictly limited to those necessary, and were undertaken in a manner so as to limit the negative impacts on biodiversity where possible, or any issues in respect of such considerations.”.

(3) Section 70(1)(b) of the Roads Act 1993 is amended by inserting the following:

“(c)(i) where there is a risk to public health and safety from a structure on the land to the safe use of a public road or the maintenance of the public road, any party including a land owner or occupier of land, may apply to a local authority to serve a notice in writing in accordance with this section on the owner or occupier of any land on which the structure is situated to remove, modify or carry out specified works in relation to the structure within the period stated in the notice. The local authority shall consider the necessity of such works and determine whether to issue a notice accordingly. Such works shall be considered exempted for the purposes of section 40 of the Wildlife Act 1976 (as amended);

(ii) the local authority shall comply with all legislative obligations, screenings, assessments and notifications necessary to the making of any such a notice;

(iii) the notice shall contain details of—

(I) the precise location of the issue to be addressed,

(II) the precise nature of the issue to be addressed, and

(III) precisely what remedial work needs to be carried out;

(iv) where notification is during the closed period for hedge-cutting specified in section 40 of the Wildlife Act 1976 (as amended) detailed guidance on biodiversity considerations shall be included; and

(v) the local authority shall notify the Minister for Culture, Heritage and the Gaeltacht, with responsibility for natural heritage of the making of any such notice, at the same time it notifies the land owner or occupier of the land.”.”.

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