Dáil debates

Wednesday, 15 September 2021

Maritime Area Planning Bill 2021: Second Stage

 

4:45 pm

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

I move: "That the Bill be now read a Second Time."

If the Leas-Cheann Comhairle will indulge me for 20 seconds, I have been made aware of comments made during today's Order of Business, and I would like to clarify that the remarks I made about the first home shared equity scheme relate to an aspect of the scheme that was informed by engagement with the Central Bank of Ireland. The scheme is being designed as an equity product rather than being a debt on the purchaser, which is important. I have consistently made that point in response to Opposition claims that the shared equity scheme is debt-based; it is not. It is an equity scheme. Through parliamentary questions and speeches on the affordable housing scheme, as recently as June, I have repeatedly stated that the operational details of the first home shared equity scheme are currently being finalised. I stated, "Work on the detailed design of the proposed scheme is ongoing and at an advanced stage", as recently as June in a response to a parliamentary question. I wanted to clarify that and thank the Leas-Cheann Comhairle for her indulgence.

Today I present the Maritime Area Planning Bill to Dáil, which was initiated in August of this year. The Bill is the most significant legislative reform of maritime governance since the foundation of the State. It seeks to establish a coherent and comprehensive marine planning system to manage development and other activities in Ireland's seas, which are one of the largest maritime areas in the EU and seven times larger than our land mass. It covers an area of almost 500,000 sq. km.

This is once-in-a-generation legislation. It is a cross-government initiative, led by my Department, and is another key commitment in our programme for Government. In preparing this ambitious Bill, we have listened to all stakeholders and balanced their needs in a fair and equitable manner that has the citizen at the heart of the process. It has been said that we have not inherited the Earth from our parents but rather we have borrowed it from our children and, as such, the Bill is the key legal enabler for long-term protection and sustainable development of the maritime area for the next generation, including the envisaged expansion of the offshore renewable energy sector, which is required to meet Ireland's 2030 climate goals in an integrated and sustainable manner.

The original Foreshore Act was designed to manage a gentle pace and intensity of marine use. It will be replaced by a marine planning system for the 21st century, designed to work for all types of development from the smallest boathouse to the largest offshore renewable energy project in a way that protects our oceans through rigorous environmental assessment.

The new system is based around four key pillars. One is inclusive forward planning through the National Marine Planning Framework, NMPF, with comprehensive sub-national planning. Another is the establishment of a game-changing new entity, the maritime area regulatory authority, which will be known as MARA. It will be based in Wexford. Another pillar is development management through a structured sequential consenting system. The final pillar is robust provisions for investigation, enforcement action and penalties.

The Bill provides the necessary legislative toolset for participatory forward planning, well-regulated development, streamlined consenting and comprehensive environmental assessment of proposals.

The Bill is part of a wider package of ongoing marine reform including: the State's first marine spatial plan, the national marine planning framework, NMPF, which I established in June of this year and is the existing plan in our plan-led approach; the Maritime Jurisdiction Act 2021 that confirms the extent of our maritime area; and separate legislation for marine protected areas for which public consultation on the first stage of this work has just concluded.

On forward planning, Parts I and 2 of the Bill restate and augment the marine forward planning provisions of thePlanning and Development (Amendment) Act 2018. A high-level marine planning policy statement will guide all marine policies. Designated maritime area plans will provide for comprehensive sub-national planning. Prepared by a designated competent authority, underpinned by a mandatory publicparticipation statement and subject to my oversight and Oireachtas approval, specific designated maritime area plans may include allowed or restricted usages, spatial designations, if any, and mitigating or beneficial measures.

Part 3 of the Bill establishes a new agency called the Maritime Area Regulatory Authority. MARA will administer and enforce marine property consent and licences and ensure compliance with offshore development consents. The establishment of MARA is the physical embodiment of this Government's maritime ambitions and will be transformational in Ireland's marine governance, creating a centre of excellence, independent decision-making and proactive enforcement. MARA will be one of the fulcrums of inter-agency collaboration needed to properly harness and protect our ocean wealth.

A new property consenting regime is established by Part 4 of this Bill. Maritime area consent, MAC, in essence considers the person applying and financial terms of occupation. Granted maritime area consents will govern the relationship between the State and the holder, place necessary obligations on the holder and ensure appropriate returns to the State.Maritime area consent holders will have no right to occupy or develop until the public have had their say and the project detail is fully assessed and planning permission granted.

The consenting for development and other activities in the maritime area is dealt with in two ways. First, the terrestrial planning permission regime, augmented by marine-specific considerations, will be extended to the whole maritime area. This is done in Part 8 of the Bill. An Bord Pleanåla and local authorities will carry out the required planning and environmental assessments of projects in a manner familiar to the public, with all of the associated opportunities for submissions and observations and with the national marine planning framework at the top of the decision-making hierarchy. The granting of a MAC is conditional on receiving planning permission. In short, no one can occupy the maritime space until the project has been fully assessed and the public have had their say, both at plan making and project stages.

Part 5 introduces a new centralised licensing regime, operated by MARA. This regime will ensure proportional, time-bound and joined-up consideration of activities ranging from the harvesting of seaweed to pre-development survey works without clogging up the already pressurised planning permission system.

On enforcement, the seas are a precious resource and we will ensure they are adequately protected from those who would do them harm. Part 6 of this Bill provides MARA with strong powers of investigation, enforcement, prosecution and collaboration with other State bodies that manage our seas and will be a real force for the State into the future.

This Bill ensures that the MARA and local authorities have teeth when it comes to enforcement in the maritime area. The enforcement provisions set out in this Bill are our first line of defence in that regard. There is a lot to this legislation. Much of it is new and we have not shied away from developing fresh concepts as well as including ways of doing things that have worked well on land. We have informed ourselves of things that work successfully in other jurisdictions and we have been guided by input from across Government. On that note, I particularly want to thank the joint Oireachtas committee, chaired by Deputy Steven Matthews, and all its members, for the pre-legislative scrutiny report it produced. I am pleased to report that the majority of the recommendations put forward by the committee have been reflected in this text.

I thank in particular our officials who have worked extremely hard and diligently, not just over the past 12 months but for a number of years, on this very important legislation. The Government and I are determined that we strike the right balance between the three, sometimes competing, pillars of sustainable development: protecting the health of our ocean, which is crucially important; enhancing our social engagement with the sea; and developing a thriving maritime economy. I believe these pillars can coexist through proper, conscientious long-term planning working in tandem with robust, fair and transparent consenting regimes. That belief is reflected in this legislation.

In conclusion, I look forward to our debate on the Bill's provisions. I will seek to respond to any specific questions and will engage further on Committee Stage. I commend this Bill to the House.

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