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

I will do that. As I said, there are five proposed amendments to amendment No. 2. Amendments Nos. 1, 5, 6 and 7 to amendment No. 2, tabled by Deputies Ó Broin and Gould, seek to insert new subsections into section 1 of the Bill relating to proposed new reporting requirements. They propose that the Minister should report on the Bill's compliance with the Aarhus Convention before commencing provisions. They further propose, as does amendment No. 8 to amendment No. 2, tabled by Deputy Cian O'Callaghan, that no Part shall commence without a resolution of both Houses following a minimum six-hour debate. I am more than satisfied that the Bill is compliant with the Aarhus Convention. Therefore, I cannot see the need to report on these matters in the manner suggested.

Amendment No. 2 rewords the commencement provision, which is currently contained in section 1(2) of the Bill, and splits it into two new subsections to provide further clarity around the commencement of the Act. It adds a new paragraph (c), which allows for the consequential provisions to be commenced at different stages. This is important as an Act of this scale must be capable of being commenced in stages.

The remainder of my amendments in this group relate to definitions in section 2. Amendment No. 3 inserts a definition for "acquisition of a maritime site". It relates to further amendments that provide for the application of Part 14 relating to compulsory acquisition to a maritime area. This amendment further replaces the existing definition of "acquisition of land" to include references to "acquisition of a maritime site" where relevant in specific sections. For the purpose of compulsory acquisitions, maritime sites are limited to any part of the maritime area that does not vest in a Minister of the Government.

Amendment No. 4 amends the definition of chief executive in section 2 to provide that the definition is subject to the newly proposed section 588. Section 588 sets out how a chief executive shall be construed for Limerick City and County Council and the instances where it should be taken to mean the director general or the mayor.

Amendment No. 5 inserts a reference to a person who continues in office as deputy chief planning commissioner of the commission under section 455 into the definition of "Deputy Chief Planning Commissioner". This was inadvertently omitted from the original definition and is in addition to a person being newly appointed under the Bill.

Amendment No. 6 amends the definition of land to include reclaimed land. Reclaimed land may often fall within the definition of a maritime area and it is important that such land should be treated like any other land in the planning process. There may be scenarios were buildings are built on reclaimed land and such developments should be assessed in accordance with the requirements for the land rather than the maritime area.

Amendment No. 7 updates the definition of "National Planning Policies and Measures" to include a transitional provision relating to specific planning policy requirements in guidelines that continue in force under section 25 until they are revoked or replaced.

Amendments Nos. 8 to 10, inclusive, are related and update the definition of "occupier" in respect of maritime sites. It includes a reference to a person who is a holder of "a licence under Part 5 of the Act of 2021 granted for a Schedule 7 usage within the meaning of that Part" in addition to the existing references to the holder of a maritime area consent or a lease or licence under the Foreshore Act 1933.

Amendment No. 11 inserts a reference to a person who continues in office as an ordinary planning commissioner of the commission under section 455 into the definition of "Ordinary Planning Commissioner". This was omitted from the original definition and is in addition to a person who is newly being appointed under the Bill.

Amendments Nos. 12 and 13 update references from "foreshore" to "maritime area" in the definition of owner. The "maritime area" is a defined term and the more appropriate reference.

Amendment No. 14 moves the definition of "strategic development zone" from Part 21 to section 2 as the term is used outside of Part 21 and, therefore, needs to be defined in section 2 for the purpose of the Act generally. A further amendment in Part 21 will delete the definition from that Part.

Amendment No. 15 updates the definition of "Strategic Environmental Assessment Regulations" to include a reference to any existing regulations in addition to any regulations that may be made under the Act.

Amendments Nos. 16 to 18, inclusive, relate to the definitions of "unauthorised structure", "unauthorised use" and "unauthorised works". They clarify that a structure, use or works is not unauthorised where a corresponding licence is in place under the Bill or under the 2000 Act. The current wording of these provisions was considered to be slightly misleading as it may have implied that a development was not unauthorised where a licence is required. The wording has been updated to clarify that a development is not unauthorised where it is carried out in accordance with a licence.

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