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

Eoin Ó Broin: A cynic might say, not that I am in any way cynical about this legislation, that by placing the responsibility, through the Schedules, on the applicant to design and manage the public participation process, there is an offloading of responsibility onto the applicant. There are certain merits in that in that they have to resource, manage and oversee it. It begs the question, however, when...

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

Eoin Ó Broin: I move amendment No. 162: In page 68, line 18, after “MAC” to insert “on grounds including an inadequate level of public participation and consultation”.

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

Eoin Ó Broin: Does that include suspending, for example, the abolition of the time period specified in the MAC?

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

Eoin Ó Broin: I am shocked at the Minister of State’s suggestion that there could be unscrupulous MAC holders. That is on the record.

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

Eoin Ó Broin: I will explain the question with regard to standard residential developments. The section relates to whether a person is deemed fit and proper. Often when development consent is sought on land it is from a corporate entity. There may be directors. Some of those directors may behave in an inappropriate way. They then come off the board of directors. They are replaced by family members or...

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

Eoin Ó Broin: This is only for non-commercial or semi-State bodies.

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

Eoin Ó Broin: This is specific to section 89 but also relates to section 88. With regard to the setting of the levies, what is the process for deciding it? When Irish Water was standardising the connection fees from the approximately 30 local authorities it had some level of public consultation. How is it envisaged that the levies will be determined in this process?

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

Eoin Ó Broin: A big part of that sentence was "inclusive and participatory". What does the Minister of State mean by this?

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

Eoin Ó Broin: It is likely there will be some dialogue beyond the board of MARA with regard to determining these levies.

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

Eoin Ó Broin: We are talking about this section as it relates to section 92 as well. Am I correct in saying that?

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

Eoin Ó Broin: Section 91(a)(i), in regard to rehabilitating part of a maritime area, refers to a treatment to "restore the part to a satisfactory state, with particular regard to the seabed, water quality, wildlife, natural habitats, landscape and seascape [...]". This concerns the restoration of any aspect of the area within the MAC that one assumes has been damaged, disturbed or affected in some...

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

Eoin Ó Broin: Perfect. Again, let us make a comparison with terrestrial planning processes. If someone undertakes an unauthorised development on land, then, generally, a planning officer can go to see it and will know what has to be restored. Again, this is a clumsy comparison. In this case, are we saying that the sole responsibility for knowing the baseline condition falls on the holder of the MAC?...

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

Eoin Ó Broin: Okay. Again-----

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

Eoin Ó Broin: Yes, but there is a thread here that relates specifically to-----

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

Eoin Ó Broin: Sure, I accept that, but does this situation also then apply to any works that will be carried out under licence after the granting of the MAC but before the planning application is put in? Do we have an environmental baseline for-----

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

Eoin Ó Broin: Would that give us a similar environmental baseline if damage was done during that stage, instead of post-planning, for instance?

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

Eoin Ó Broin: Will the Minister of State give us some more information on this aspect?

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

Eoin Ó Broin: I am happy with that.

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

Eoin Ó Broin: The Minister of State will correct me if I am wrong, but sections 97 and 98 refer to the granting of MACs by the Minister prior to the commencement of the formal MAC regime overseen by MARA. Again, I invite him to put on the public record additional information that may be of value to the public on how that process will be decided. I know we have discussed it previously out of committee,...

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

Eoin Ó Broin: To be clear, in the case of the transitional projects, it is the Minister for the Environment, Climate and Communications, not the Minister for Housing, Local Government and Heritage, who will process those MAC applications and grant the MACs?

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