Results 2,641-2,660 of 4,726 for speaker:Malcolm Noonan

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: Again, we can get clarification on that particular question if that is okay.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I note the concerns the Deputy raised but given the difficulties that arose in enabling a smooth transition from the existing foreshore consent process to the new regime under the Maritime Area Planning Act, I took the earliest opportunity to bring forward amendments to enable applications already under way to be dealt with in the most appropriate way. MARA becomes operational on 17 July and...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: To address the first point the Deputy raised, he is correct in saying the scale of the crisis we are facing requires us to act urgently but appropriately as well. I recognise the leadership shown by Sinn Féin during the vote yesterday on the nature restoration regulations. That is acknowledged. Similarly, with regard to this, the public consultation the Deputy mentioned is critically...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: In accordance with EU and Irish case law, where an EIA directive is carried out, it must encompass the entire project. If the original EIA has not considered the entirety of the project, notwithstanding that the consent may have only been for part of the project, then the disapplication provided for in these amendments simply cannot apply. If an EIA is carried out at all in the original...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: Again, this is all governed under the Maritime Area Planning Act 2021. We mentioned the marine protected areas specifically, that legislation is still to come. There is governance around designated sites, around special protected areas for birds or SACs, so the regulatory regime and legal basis for that is already in place.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 290: In page 181, after line 29 to insert the following: “CHAPTER 2 Amendment of Lough Corrib Navigation Act 1945Amendment of Lough Corrib Navigation Act 1945 – insertion of sections 16A and 16B 240. The Lough Corrib Navigation Act 1945 is amended by the insertion of the following sections after section 16: “Certain powers of Board of...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: This amendment is for the purpose of amending the Lough Corrib Navigation Act 1945 by the insertion of two new sections into that Act that relate to the Lough Corrib Navigation Trustees. The Lough Corrib Navigation Trustees were established under the Drainage of Ireland Act 1856, for the purpose of managing the Lough Corrib navigation. The trustees consist of councillors drawn from Galway...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I appreciate that but the Deputy can appreciate that there will consistently be issues around legislation to the enactment of a Bill that can have implications on the previous Bill. I do note the points Deputy Gould has raised.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: The trustees are fully aware of the legal issues around their powers and functions and have been kept informed of the work under way to resolve matters via these amendments by Galway City Council. They are keen to have this done at the earliest time and I think any works carried out during that time would always be in compliance anyway.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: No, not that I am aware of.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: Yes, it is just to ensure the functions, the power, and the roles the trust would have carried out would be able to continue. There is no change in regard to that.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 291: In page 181, after line 29 to insert the following: “CHAPTER 3 Amendment of Planning and Development Act 2000Amendment of section 182A of Act of 2000 241. Section 182A of the Act of 2000 is amended— (a) in subsection (1), by the substitution of “Subject to subsection (1B) and section 182AA, where” for “Where”, (b) in...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: It is certainly not less compliant with Aarhus, and I stated that generally in respect of the public consultation in regard to all levels of planning. The amendments have been designed to be in compliance with the EIA directive and in accordance with EU and Irish case law. Where an EIA is carried out, it must encompass the entire project. I assure the Deputy the amendments are no less...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: No, the streamlined process is to give certainty to applicants but also to ensure those who wish to make observations will have the right to do so. We are transitioning from an archaic consenting system under the Foreshore Act to a much more streamlined consenting regime, which has been legislated for by the Maritime Area Planning Act. It is streamlined. It will still allow for public...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: Certainly, if the Deputy wishes us to provide a further note or briefing on that. I appreciate what he is saying. It is a lot, and I appreciate that. We can certainly facilitate further notes or briefing on that if required.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 292: In page 181, after line 29 to insert the following: “Disapplication of section 182A 242.The Act of 2000 is amended by the insertion of the following section after section 182A: “182AA.Section 182A shall not apply to development comprising or for the purposes of electricity transmission where such development is the subject of an application...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 293: In page 181, after line 29 to insert the following: “Disapplication of Chapters II and III 243. The Act of 2000 is amended by the insertion of the following section after section 278: “278A. (1) Subject to subsection (2), Chapters II and III shall not apply to strategic infrastructure development in respect of which— (a)...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 294: In page 181, after line 29 to insert the following: “Amendment of section 280 of Act of 2000 244.Section 280 of the Act of 2000 is amended— (a) in subsection (2)— (i) in paragraph (b), by the deletion of “or” last occurring, (ii) in paragraph (c)(ii), by the substitution of “1933, or” for...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 295: In page 181, after line 29 to insert the following: “Amendment of section 281 of Act of 2000 245.Section 281(2)(b) and (d) of the Act of 2000 is amended by the insertion of “in the maritime area” after “owner of land”.”.