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Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I have covered it in detail. I have explained that it is standard practice and a phrase that is widely used throughout the Statute Book. The impression would be given, or the interpretation could be, that if one was to just to remove "expedient" then it would just be "necessary". What would be the impact of that? It would be strange to remove it in this Bill while it applies elsewhere. I...

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: As we said right the way through pre-legislative scrutiny, Second Stage and Committee Stage, every element of this Bill that we have worked through is Aarhus-compliant, unquestionably. We sought the advice of the highest law officer in the land and worked directly with him to ensure that is the case.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 51: In page 42, to delete lines 10 to 13 and substitute the following: “(4) Where regulations are proposed to be made under⁠— (a) subsection (6), (b) subsection (1) of section 9, or (c) subsection (2) of section 429, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made unless and...

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I thank the Deputy. I will address amendments Nos. 47 to 50, inclusive, and 52 to 54, inclusive, outlined by Deputy Ó Broin. These amendments relate to section 4 of the Bill which is a standard technical provision enabling the Minister to make regulations for matters set out in the Bill. Amendment No. 47 seeks to remove the reference to “expedient” in subsection (2)...

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 22: In page 33, line 31, to delete “Major Accidents Directive” and substitute “Seveso III Directive”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 23: In page 33, line 33, to delete “Major Accidents Directive” and substitute “Seveso III Directive”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 24: In page 33, line 35, to delete “Major Accidents Directive” and substitute “Seveso III Directive”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 25: In page 33, to delete lines 36 and 37.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 30: In page 34, to delete lines 34 and 35 and substitute the following: “ “national newspaper” means— (a) a publication (other than an online publication or online version of a publication) that— (i) circulates generally in the State, and (ii) is prescribed by the Minister for the purposes of this Act, or (b) an online...

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 36: In page 38, between lines 13 and 14, to insert the following: “ “Seveso III Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 37: In page 38, line 17, to delete “means” and substitute “means, subject to subsection (8) of section 154”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 38: In page 38, line 22, to delete “or telecommunications” and substitute “, telecommunications or wastewater”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 40: In page 39, to delete line 28 and substitute the following: “(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 41: In page 39, to delete line 30 and substitute the following: “(c) Chapter 6 State authority development within the meaning of Part 4,”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 42: In page 40, to delete line 11 and substitute the following: “(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 43: In page 40, to delete line 13 and substitute the following: “(c) Chapter 6 State authority development within the meaning of Part 4,”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 44: In page 40, to delete line 30 and substitute the following: “(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: I move amendment No. 45: In page 40, to delete line 32 and substitute the following: “(c) Chapter 6 State authority development within the meaning of Part 4,”.

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: One item I did not get to respond to was that raised by Deputy Matthews. He made a very important point regarding the national biodiversity action plan. Due to the engagement we had on Committee Stage, we have strengthened that. It will be seen that, in amendment No. 118, I propose a definition of the national biodiversity action plan in Part 3, which matches the terminology used in the...

Planning and Development Bill 2023: Report Stage (11 Jun 2024)

Darragh O'Brien: Aontaím leis sin. Ní dúirt mise é sin ar chor ar bith. Dúirt an Teachta Healy-Rae é sin.

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