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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I move amendment No. 145: In page 59, line 21, to delete “matter, and” and substitute “matter;”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I am advised it is a matter for MARA to adjudicate on the methodology to formulate its corporate strategy. In section 64, at the bottom of page 60, "MARA shall submit copies of the statement to the Minister...to be laid before each House of the Oireachtas", subsequent to that.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: We are happy enough, in principle, with the idea of Deputy Boyd Barrett's suggestion. Our view is the chief executive would be doing that in the course of his tenure in terms of publishing strategy. We could potentially have a look at it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I move amendment No. 146: In page 61, line 28, to delete “no later” and substitute “not later”. It is a small technical amendment to improve the syntax of the sentence from "no later" to "not later". It does not change the section in any substantive way.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: That is the lobbying Act, as I referenced in previous debates. Our view is that would capture it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I will give a little background information before I speak to the amendment. The MAC concept is new and it would be helpful from the outset to detail what a MAC is and what it is not. The MAC fulfils specific functions within the overall consenting sequence. A MAC is a property right to occupy a part of the maritime area conditional on securing other necessary approvals, it ensures due...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: Everything in Schedule 4 essentially requires a MAC, that is everything that is not in Schedule 3 or Schedule 4.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I definitely would not do that.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: To be fair, I would not like the Deputy to accuse me of that.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I never shook my head once, to be fair. Be reasonable here.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: On the first question relating to survey activities, they are subject to licensing under Part 5. They will have their own environmental assessments attached to them. Obviously, that is separate. As I already explained, a maritime area consent does not permit such activities. Depending on the scale of the project the timeframe can be set between three and five years. It will be...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: In the first instance, I am advised that the MAC will die if it is not acted upon within a certain timeframe, and there will be conditions attached. Essentially, one will not have zombie developers. Perhaps Deputy Ó Broin will remind me of his first question.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: Yes, the legacy issues. I am advised that, essentially, they will remain under the Foreshore Act and will have the conditions that were originally attached to that.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: The foreshore licence will still set out the terms.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: One must apply to the Minister under the Foreshore Act, until the new licensing regime comes in.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: Absolutely, yes.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: That is what I was clarifying, including the survey works and all those activities.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Peter Burke: I would not use the word "exclusivity". It gives a right to apply for the planning.

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