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

Seanad amendment No. 19 amends section 9 to provide that where the Minister proposes exempted development regulations that are likely to affect the performance of a State authority, the Minister shall consult that State authority before making the regulations. The text as currently written has this as a discretionary consultation, however it is appropriate that any such consultation be mandatory.

Seanad amendments Nos. 20 and 21 amend the definition of “relevant act or operation” and “relevant change in use” in section 10(1) to include a reference to ENGOs. These amendments are consequential to an amendment on Dáil Report Stage, which extended the definition of relevant person in this section to include environmental NGOs holding the relevant bona fides which allowed such organisations to seek a declaration.

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Amendment No. 22 is also consequential to an amendment made on Report Stage in the Dáil, which inserted a new subsection (4) into section 10, compelling the owner of the land or maritime site to be notified in writing of the making of such a request by a third party. This amendment inserts a new paragraph into subsection (16), which sets out how section 10 shall be read for the purposes of a request to the commission in respect of the maritime area. It construes subsection (4) for this purpose.

Amendment No. 23 allows the commission five working days, instead of three, to publish a decision under section 10. This is consistent with the timeframe given to local authorities.

Amendment No. 24 removes a reference to section 13 not applying to exempted development. To undertake development on a public road, either planning permission or a licence is required. This mirrors the position in the Act of 2000.

Amendment No. 25 replaces section 13(4) and has the effect of adding a reference to a person being able to apply for a continuation of a licence granted under the 2000 Act as well as a licence granted under this Bill.

Amendment No. 26 adds a regulation giving power to the Minister to prescribe certain classes of licence requests as requiring public notification. This amendment is made on foot of concerns raised on Committee Stage in the Seanad in respect of licences for telecommunications masts and ensuring there is a public notification process for such licence applications. I think Members will welcome that as an effective change.

Amendment No. 27 rewords section 13(4)(b) without changing its context.

Amendments Nos. 28 and 29 insert a reference to a person being able to apply for a continuation of a licence granted under the 2000 Act as well as a licence granted under this Bill.

Amendment No. 30 amends the transitional arrangement in section 14 to deem a licence granted under section 254 of the 2000 Act to be a licence granted under section 13 of the Bill. This is appropriate because it will allow people to apply for the continuation, under the Bill, of a licence granted under the Act of 2000.

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