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Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I admire the Deputy's detailed knowledge of these matters. Regulation 4 of Statutory Instrument 118 of 1998 requires bags of fuel to be sealed. There is no compulsion to only sell in bags; it is aimed at coal. Peat is usually sold in briquettes. Peat and wood have a lower sulphur content than coal so peat, which typically has a sulphur content of 0.4%, and based on the Air Pollution Acts...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 12: In page 5, after line 49, to insert the following: 5.—Section 14 of the Act of 1987 is amended— (a) by inserting the following subsection after subsection (5): "(5A) Where an authorised person has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: The deployment of resources is a separate issue. There is a serious problem with the employment moratorium and I do not expect to see any change with that in the near future. I subscribe to the devolution of functions and I will keep an eye on the issue of resourcing functions that can be devolved to local authorities to ensure they are being enforced.

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: Amendment No. 13 proposes the ceiling on the plastic bag levy should be retained at 26 cent. The Bill gives me the opportunity over a long period of time to increase the plastic bag levy but I cannot do it by any more than 10% of the existing levy in any financial year plus the change in the consumer price index since the last change, up to a limit of 70 cent. It will take a considerable...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I propose to deal with the three parts of amendment No. 14 in turn. The first part of this amendment proposes to make illegal within the State a form of waste management which is legal under EU law. Incineration, where it reaches the required threshold for energy recovery, is deemed to be on the recovery tier of the waste hierarchy - a priority order established by the Waste Framework...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: That is, the taxpayer.

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 16: In page 8, between lines 25 and 26, to insert the following: "PART 4 AMENDMENT OF PLANNING AND DEVELOPMENT ACT 2000 8.- In this Part - "Act of 2000" means the Planning and Development Act 2000; "Act of 2006" means the Planning and Development (Strategic Infrastructure) Act 2006; "Act of 2010" means the Planning and Development (Amendment) Act 2010.".

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 17: In page 8, between lines 25 and 26, to insert the following: 9.—Section 2(1) of the Act of 2000 is amended by inserting the following definitions: "'operator' in relation to a quarry means a person who at all material times is in charge of the carrying on of quarrying activities at a quarry or under whose direction such activities are carried out; 'quarry' has the...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 18: In page 8, between lines 25 and 26, to insert the following: 10.—(1) Section 4 of the Act of 2000 is amended - (a) in subsection (1) - (i) by substituting the following paragraph for paragraph (i): "(i) development consisting of the thinning, felling or replanting of trees, forests or woodlands or works ancillary to that development, but not including the...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 19: In page 8, between lines 25 and 26, to insert the following: 11. - Section 13 of the Act of 2000 is amended - (a) in subsection (2)(a) (amended by section 10(a) of the Act of 2010) by inserting "the Minister for Arts, Heritage and the Gaeltacht," after "the Minister,", and (b) in subsection (8)(c) (amended by section 10(e) of the Act of 2010) by inserting "the...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 20: In page 8, between lines 25 and 26, to insert the following: 12.—Section 30 of the Act of 2000 is amended by the insertion of "save as provided for by sections 177X, 177Y, 177AB and 177AC" after "concerned".".

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 21: In page 8, between lines 25 and 26, to insert the following: 13. - Section 50A of the Act of 2000 is amended - (a) in subsection (3)(b)(i) by substituting "sufficient interest" for "substantial interest", and (b) in subsection (4) by substituting "sufficient interest" for "substantial interest".".

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 22: In page 8, between lines 25 and 26, to insert the following: 14. - Section 50B of the Act of 2000 is amended by - (a) substituting the following subsection for subsection (2): "(2) Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and subject to subsections (2A), (3) and (4), in proceedings to which this section...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 23: In page 8, between lines 25 and 26, to insert the following: 15. - (1) Subsection (1) of section 57 (amended by section 34 of the Act of 2010) of the Act of 2000 is amended by inserting "(ia)" between "(i)" and "(j)". (2) The amendment effected by subsection (1) shall not apply to development begun prior to the commencement of this section and completed not later than...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 24: In page 8, between lines 25 and 26, to insert the following: 16.—(1) Subsection (1) of section 82 of the Act of 2000 is amended by substituting "Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2)," for "Notwithstanding section 4(1)(h),". (2) The amendment effected by subsection (1) shall not...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 25: In page 8, between lines 25 and 26, to insert the following: 17.—(1) Subsection (1) of section 87 of the Act of 2000 is amended by substituting "Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2)," for "Notwithstanding section 4 and any regulations made thereunder,". (2) The amendment effected...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 26: In page 8, between lines 25 and 26, to insert the following: 18. - Section 130 of the Act of 2000 is amended by substituting the following subsection for subsection (5) (amended by section 42 of the Act of 2010): "(5) Subsections (1)(b) and (4) shall not apply to submissions or observations made by a Member State or another state which is a party to the Transboundary...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 27: In page 8, between lines 25 and 26, to insert the following: 19. - Section 135 (amended by section 23 of the Act of 2006) of the Act of 2000 is amended - (a) in subsection (2) by substituting "given by the Board under subsection (2A) or (2AB))" for "given by the Board under subsection (2A))", (b) by inserting the following subsections after subsection (2A): "(2AB) The...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 28: In page 8, between lines 25 and 26, to insert the following: 20.—Section 153 (amended by section 45 of the Act of 2010) of the Act of 2000 is amended— (a) by repealing subsection (6), (b) by substituting the following subsections for subsection (7): "(7) Where a planning authority establishes, following an investigation under this section that unauthorised...

Environment (Miscellaneous Provisions) Bill 2011: Report and Final Stages (21 Jul 2011)

Phil Hogan: I move amendment No. 29: In page 8, between lines 25 and 26, to insert the following: 21.—Subsection (4) of section 157 of the Act of 2000 is amended by inserting the following paragraphs after paragraph (a): "(aa) Notwithstanding paragraph (a) a warning letter or enforcement notice may issue at any time or proceedings for an offence under this Part may commence at any time in respect of...

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