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Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: The loss of the wetlands was very regrettable. I saw the before and after pictures and an investigation is taking place within the Department into what happened. I cannot say who, what, why or when in answer to the Senator's questions but the impact is very noticeable from the pictures. Given the interest in schools and other places, it is a shame that this loss of habitat happened....

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: I thank Senator Paddy Burke for those comments. The Department carries out mink control in the most important areas for ground-nesting birds, including in County Mayo. If the Senator gives my officials the names and locations of those lakes, we can ask the local rangers to investigate the issue. The Senator is right to state that the amendment is comprehensive. The Act shall come into...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: Regarding section 59D, I assure the Senator that the Minister is fully intent on public consultation. The wording is legalese, but it is fully envisaged that there full be full consultation on all plans and strategies done within the Department. The amendment contains a full list of the public bodies and includes a planning authority within the meaning of the Planning and Development Act...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: I am advised that the national universities are not public bodies, nevertheless they have a very important function to play in biodiversity. I will discuss this with officials as they have an important role. It is a fair point that there may be lands that may not be farmed actively, some owned by the State or State bodies or are private owned by them, which are zoned for future development...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: I will speak to No. 3 and Nos. 20 to 27, inclusive.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: My speaking notes for this grouping are for Nos. 3 and Nos. 20 to 27, inclusive.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (25 Sep 2019)

Seán Kyne: I propose these amendments in response to amendments proposed on Committee Stage by Senators Higgins, Ruane and Kelleher. The amendments provide that when the Minister for Culture, Heritage and the Gaeltacht publishes a notice of his or her intention to make an order designating land as a natural heritage area or when the Minister dedesignates all or part of a site as a natural heritage area...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: Before the Minister dedesignates a natural heritage area site, there must be a strategic environmental assessment and public consultation. In addition, the 2014 review has already been subject to public consultation and landowners have been informed of that review. With regard to these proposed changes, we want to make the process as transparent as possible and it is why we have agreed to...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: The note is with regard to the grouping so I will speak on amendment No. 4. I cannot accept it at this stage but I see there is merit in what Senator Higgins is saying. I will ask the Department to look at it and check with the Office of the Parliamentary Counsel to see whether it can be made in the Dáil amendments, in which case it would have to come back here. I see where the...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: I will accept the amendment. I hope it does not have to be changed in the Dáil or make bad law. I see where the Senators are coming from. If it does need to be changed-----

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: -----I hope that people understand.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: Section 18A has its own provisions for environmental assessment, public consultation and dissemination of information to the public, the Oireachtas and Ministers. Any proposals to dedesignate would be subject to consultation with the public and Ministers. The matter is catered for, therefore, in the sections of the Bill as initiated. I do not believe there is an issue because the...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: It includes any other Minister.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: The section allows for any other Minister whom the Minister for Culture, Heritage and the Gaeltacht considers appropriate. It depends on the application in question. It also includes the Environmental Protection Agency, whose input would be important when an order is being made under the section.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: Any information that is required to ensure that Ministers, Departments, public bodies or State agencies are fully knowledgeable of the intent of the order will be provided. If that includes maps, they will have to be provided. We need to ensure that the relevant body or agency knows exactly what is intended in the order being made to provide for designation.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: Unfortunately, I cannot accept the amendment. A future review of a natural heritage area will not be carried out in a vacuum. It will involve public consultation and will not necessarily lead to proposals for the dedesignation of natural heritage area sites. There are principles and criteria in the Bill to guide the Minister in conducting a review and making decisions such as carrying out...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: Section 18A(4) states:The Minister shall, in relation to the effects on the environment of the proposals arising from a review under subsection (1)—(a) carry out an assessment, including public consultation, under the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), and(b) if it is required carry out any other...

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: Yes.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: The requirement to carry out any other screening or an assessment is covered under section 4(b). There is provision or an assessment, including public consultation, which would cover the areas mentioned by the Senator.

Seanad: Wildlife (Amendment) Bill 2016: Report Stage (Resumed) (25 Sep 2019)

Seán Kyne: By way of further clarification, it relates to blanket and raised bogs.

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