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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 251: In page 179, to delete lines 35 to 37, and in page 180, to delete lines 1 to 3 and substitute the following: “309. (1) The relevant provisions shall apply to— (a) maritime development, (b) proposed maritime development, and (c) the maritime area, as if references to land or the land were references to a maritime site.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 252: In page 180, line 12, to delete “State Property Act 1954” and substitute “Act of 1954”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 253: In page 180, between lines 18 and 19, to insert the following: “(6) A power conferred on a local authority by a relevant provision (by virtue of the operation of this section) to compulsorily acquire a maritime site shall not apply to a maritime site that vests in a Minister of the Government by virtue of section 5 of the Act of 1954.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 254: In page 180, to delete lines 19 to 21 and substitute the following: “(7) In this section— ‘Act of 1954’ means the State Property Act 1954; and ‘relevant provision’ means a provision of this Act specified in Part 1 of the Ninth Schedule (inserted by section 168 of the Maritime Area Planning Act 2021).”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 255: In page 180, to delete lines 23 to 38 and substitute the following: “310. (1) Subject to section 308, this Act (other than this Part and paragraph (b)of subsection (1) of section 31Q) shall apply to— (a) maritime development, (b) proposed maritime development, and (c) the maritime area, as if references to proper planning and sustainable...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 256: In page 180, to delete line 40, and in page 181, to delete lines 1 to 6 and substitute the following: “311. (1) Subject to section 308, this Act (other than this Part, section 178A, subsection (18) of section 12, subsection (14) of section 13 and paragraph (c) of subsection (3) of section 179) shall apply to— (a) maritime development, (b)...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 257: In page 181, to delete lines 8 to 14 and substitute the following: “312. (1) The relevant provisions shall apply to— (a) maritime development, (b) proposed maritime development, and (c) the maritime area, as if references to a development plan or the development plan were references to the National Marine Planning Framework.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 258: In page 181, line 32, to delete “development in the outer maritime area” and substitute “development situated wholly or partly in the outer maritime area”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 259: In page 182, line 12, to delete “Part X” and substitute “Subject to section 289, Part X”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 260: In page 182, line 24, to delete “a planning authority” and substitute “planning authority”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 261: In page 182, to delete lines 32 to 36 and substitute the following: “(2) In this section ‘excluded provision’ means— (a) section 175, (b) subsections (1) and (2) of section 173, (c) subsection (9) of section 173C, (d) subsections (1) and (2) of section 174, and (e) paragraphs (a), (b) and (c) of subsection (3), and...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 262: In page 183, between lines 29 and 30, to insert the following: “Consultation by coastal planning authority with Maritime Area Regulatory Authority 320. (1) A coastal planning authority may consult with the Maritime Area Regulatory Authority for the purposes of this Part. (2) A coastal planning authority may, for the purpose of the performance of...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 263: In page 183, to delete lines 30 to 42, and in page 184, to delete lines 1 to 22.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: If I understand it correctly the intention of amendment No. 264 is to ensure that once the MARA licensing regime is operational, licence applications under the Foreshore Act cease. If that is the case the text as initiated already provides for this. It is the intention that relevant parts of the Maritime Area Planning Bill, MAP, Bill will be commenced in tandem to ensure a smooth transition...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 265 proposes to extend the outer limit of the foreshore to the continental shelf to enable foreshore licence applications to be made for site investigation activities beyond the foreshore. As the foreshore is vested in the Minister for Public Expenditure and Reform, under the State Property Act accepting this amendment would have the effect of extending Ireland's ownership to...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: We only deal with 12 nautical miles at the moment under the current regime. Obviously this Bill covers everywhere right out to the continental shelf.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Correct. That is whole intention, yes.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 266: In page 187, between lines 7 and 8, to insert the following: “Environmental impact assessments – special cases 175. The Act of 1933 is amended by the insertion of the following section after section 13B: “13C. (1)Subsection (2) applies where a local authority that is a planning authority (within the meaning of the Act of 2000)— ...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 267: In page 188, to delete lines 26 to 36, and in page 189, to delete lines 1 to 9. We may table an amendment to section 10 of the Foreshore Act on Report Stage. Amendment No. 267 proposes to delete all of section 181. Work is ongoing to refine this provision and it is expected that it will be amended on Report Stage. I seek to withdraw amendment No. 267 and return...

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