Results 3,041-3,060 of 8,073 for speaker:Peter Burke

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I am advised it is included in section 309 is to make clear the State Property Act is being referred to in the context of land.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: My officials tell me we were advised by the Office of the Parliamentary Counsel to include it there.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: We are not aware of it but we will revert to the Deputy on it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Turning to amendment No. 253, the purpose of this new subsection (6) is to provide that a local authority will not be able to compulsorily acquire a maritime site, by virtue of the operation of this section, if title to it is vested in a Minister of the Government under section 5 of the State Property Act 1954. This is to avoid conflicts between the new MAC system being established and CPO...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I understand they are defined in the Planning and Development Act as they apply to land but we will get a written response to clarify the exact wording.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: We are expanding the definition to include the marine environment as well, as far as I understand, but we will revert to the committee with a written response on it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 257 is in a similar vein to amendments Nos. 255 and 256. The purpose of this amendment to section 312(1) is to more precisely provide for the construction of references to "a development plan or the development plan" as being references to the national marine planning framework in respect of a maritime site. In effect, the listed relevant provisions at Part II of Schedule 9 are...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 263 is a technical drafting amendment. The purpose of the amendment is, for technical and drafting reasons, to delete the current sections 320 and 321. There are replacement powers provided for elsewhere to ensure the MARA can carry out the functions referred to in the deleted sections. A similar provision is provided in the amendment proposed for page 227 of the Bill, being...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I would be happy to do that.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 250: In page 179, to delete lines 12 to 23 and substitute the following: “308. (1) The following provisions shall not apply in relation to the maritime area, and accordingly references in those provisions to functional area, administrative area or area of a planning authority or local authority shall not include references to the nearshore area of a...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 251: In page 179, to delete lines 35 to 37, and in page 180, to delete lines 1 to 3 and substitute the following: “309. (1) The relevant provisions shall apply to— (a) maritime development, (b) proposed maritime development, and (c) the maritime area, as if references to land or the land were references to a maritime site.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 252: In page 180, line 12, to delete “State Property Act 1954” and substitute “Act of 1954”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 253: In page 180, between lines 18 and 19, to insert the following: “(6) A power conferred on a local authority by a relevant provision (by virtue of the operation of this section) to compulsorily acquire a maritime site shall not apply to a maritime site that vests in a Minister of the Government by virtue of section 5 of the Act of 1954.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 254: In page 180, to delete lines 19 to 21 and substitute the following: “(7) In this section— ‘Act of 1954’ means the State Property Act 1954; and ‘relevant provision’ means a provision of this Act specified in Part 1 of the Ninth Schedule (inserted by section 168 of the Maritime Area Planning Act 2021).”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 255: In page 180, to delete lines 23 to 38 and substitute the following: “310. (1) Subject to section 308, this Act (other than this Part and paragraph (b)of subsection (1) of section 31Q) shall apply to— (a) maritime development, (b) proposed maritime development, and (c) the maritime area, as if references to proper planning and sustainable...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 256: In page 180, to delete line 40, and in page 181, to delete lines 1 to 6 and substitute the following: “311. (1) Subject to section 308, this Act (other than this Part, section 178A, subsection (18) of section 12, subsection (14) of section 13 and paragraph (c) of subsection (3) of section 179) shall apply to— (a) maritime development, (b)...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 257: In page 181, to delete lines 8 to 14 and substitute the following: “312. (1) The relevant provisions shall apply to— (a) maritime development, (b) proposed maritime development, and (c) the maritime area, as if references to a development plan or the development plan were references to the National Marine Planning Framework.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 258: In page 181, line 32, to delete “development in the outer maritime area” and substitute “development situated wholly or partly in the outer maritime area”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 259: In page 182, line 12, to delete “Part X” and substitute “Subject to section 289, Part X”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 260: In page 182, line 24, to delete “a planning authority” and substitute “planning authority”.