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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 do not think you would, in reason.

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

Peter Burke: Under the development management process, essentially, that would happen because it would not allow that to happen.

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

Peter Burke: That is correct.

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

Peter Burke: Absolutely. They are not permitted to do it anyway. They cannot go near it anyway.

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

Peter Burke: Exactly. Yes.

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. 148: In page 65, between lines 22 and 23, to insert the following: “Application for declaration as to whether or not MAC is required, etc. 75.(1) A person may make an application in the specified form, accompanied by the prescribed fee, to the MARA for a declaration in writing by the MARA as to whether or not the occupation of the part of the maritime area the...

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

Peter Burke: It could involve different types of activities or purposes and they could co-exist.

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. 149: In page 65, to delete line 40, and in page 66, to delete line 1 and substitute the following: “(a) applications under section 75, (b) MAC applications, or (c) applications under section 84.”.

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. 150: In page 66, line 6, after “the” where it fourthly occurs to insert the following: “occupation of the part of the maritime area the subject of the application for the purposes of the undertaking of the”. Amendments Nos. 150 and 155 are similar amendments that propose to ensure there is a consistency of language throughout the Bill....

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

Peter Burke: Could Deputy O'Callaghan please clarify the last question?

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

Peter Burke: That is my understanding, yes. The whole intention of this regime is to get public awareness quicker as part of a planned stakeholder engagement process with the developer or the pending application. That is the premise of the Bill that we will be trying to achieve. MARA will consider the criteria set out in Schedule 5 and any consultation on MACs will be limited to those criteria. As...

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. 151: In page 66, line 12, to delete "or by affidavit" and substitute "by affidavit or otherwise".

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. 152: In page 66, to delete lines 16 and 17 and substitute the following: “(a) a company, (b) an EEA company within the meaning of Part 21 of the Act of 2014, (c) a public body, or (d) engaged principally in non-commercial activities or works.".

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. 155: In page 66, line 27, after “the” to insert the following: "occupation of the part of the maritime area the subject of the application for the purposes of the undertaking of the".

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. 157: In page 67, line 1, after "whether" to insert ", in the opinion of the Minister,".

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. 158: In page 67, line 3, after "whether" to insert ", in the opinion of the Minister,".

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. 159: In page 67, lines 4 and 5, to delete "UNCLOS and the Act of 2006" and substitute "the Convention and the Act of 2021".

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. 161: In page 67, line 18, after “practicable” to insert “to do so”.

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. 163: In page 69, lines 7 and 8, to delete “UNCLOS and the Act of 2006” and substitute “the Convention and the Act of 2021”.

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

Peter Burke: Amendment No. 164 proposes to remove section 80(2), which provides that a MAC cannot be renewed. This provision serves an important function in protecting the State’s long-term interests in the property subject of the MAC. A new application would enable a new assessment in the context of the performance of the holder under the existing MAC and allow MARA the opportunity to update the...

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