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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. 286: In page 173, between lines 31 and 32, to insert the following: “(g) Tailte Éireann,”.

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. 287: In page 175, line 27, after “one” to insert “(or more than one)”.

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. 288: In page 177, between lines 20 and 21, to insert the following: “Review of operation of Act 222.(1) The Minister shall, not later than five years after the enactment of this Act, carry out a review of the operation of this Act and thereafter carry out further such reviews so that the interval between any two successive reviews is not greater than five...

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. 289: In page 181, after line 29 to insert the following: “PART 13 MISCELLANEOUS AMENDMENTS CHAPTER 1 Amendment of Foreshore Act 1933Amendment of section 1E of Foreshore Act 1933 239.Section 1E of the Foreshore Act 1933, as amended by section 175 of the Maritime Area Planning Act 2021, is amended— (a) in subsection (5)(a), by the substitution 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 intended to provide a pathway for existing foreshore applications received by the Minister under the Foreshore Act 1933 to move to the new regulatory system in the interest of maximising the opportunities available in the more modern consenting structures provided in the 2021 Act. Under the new provisions proposed in this amendment, MARA may, at the request of the...

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

Malcolm Noonan: The significant difference is that it is a much more streamlined process. The prioritisation of certain applications as agreed by the Government has meant that other applications on hand have had to be paused. The amendment provides a pathway for paused applications to move to MARA to be dealt with more efficiently as the foreshore system continues to wind down. The advantage to the...

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

Malcolm Noonan: I would imagine it is a much more streamlined process. It is intended to give certainty to the applicant and to move to a much more streamlined consenting regime.

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

Malcolm Noonan: No, there is no change there.

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

Malcolm Noonan: No change there.

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

Malcolm Noonan: Absolutely. There will be no diminution of that. It will still be the case that the legislative obligations around the environmental impact assessment, EIA, and appropriate assessment, AA, will remain unchanged. The amendment seeks to provide that where a licence has already been issued in respect of a proposed development, additional consent under the provision introduced in the 2021 Act...

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

Malcolm Noonan: There is no change in that. Public notifications would be in place in relation to that.

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

Malcolm Noonan: It is the intention that there will be public consultation in relation to it - absolutely - and under the principles of the Aarhus Convention too.

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...

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