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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: This is a default until we carry out a proper survey.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: Yes, definitely. Did the Deputy mean the nearshore rather than the foreshore?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: Amendment No. 14 proposes to specify a number of bodies as prescribed for the purpose of the entire Act. While acknowledging the positive intentions of this proposal, it cannot be accepted. Bodies may be prescribed under this Act for different purposes and not all of the listed bodies may need to be consulted for every single purpose. For example, Inland Fisheries Ireland and the Heritage...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: The definition of "record" in the Bill relates exclusively to the form and format of the record – physical and digital. Amendment No. 15 relates to the potential content of such records and is inappropriate to include in this definition. The legal effect and efficacy of "...shall not be confused with information held..." is also far from clear. Sections 100 and 123 provide...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: This is covered under AIE and the FOI Act. Information must have a source. It must be created and have some source associated with it. To put into a Bill the wording that has been cited makes it legally difficult to adjudicate and point in the direction of something that exists. Information must be tied directly to a source. As I outlined, the Bill is covered by the AIE regulations and...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 16: In page 20, to delete lines 26 and 27.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 17: In page 21, lines 15 and 16, to delete “within the meaning of the Act of 2006” and substitute “as construed in accordance with the Act of 2021”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 19: In page 21, line 19, to delete “within the meaning of Part 3 of the Act of 2006” and substitute “as construed in accordance with the Act of 2021”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: Absolutely.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 20: In page 22, lines 14 and 15, to delete all words from and including “Subsection” in line 14 down to and including line 15 and substitute the following: “Subject to subsection(2), where a part of the maritime area (which part is in this Act referred to as the “nearshore area”) meets all of the following requirements, that...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 21: In page 22, to delete lines 31 to 34 and substitute the following: “(2) Subject to subsections (3) to (5), the Minister may, by order, vary the nearshore area of a CPA.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 23: In page 22, lines 35 and 36, to delete “a designation under subsection (2) shall specify the boundaries of the nearshore area” and substitute “an order under subsection (2) shall specify the boundaries of the varied nearshore area”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I move amendment No. 24: In page 23, line 3, after “the” where it secondly occurs to insert “varied”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: Amendment No. 25 proposes to specify specific categories of the public, whose public consultation representation shall be taken into account when determining the boundaries of a coastal planning authority, CPA, nearshore area. While noting the positive intention of the proposal, it is not necessary to itemise any particular category of the public, as well as all captured the broad term...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: A minimum of four weeks is the answer to the second question. The answer to the first question is “Yes”, through regulations. That is the process that we will be using.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: It is in section 5(5)(a).

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I note the comments of all the Deputies. I have the utmost regard for our fishing families and communities. As was stated, many of them have existed for several generations and many have paid the ultimate price in the course of their work. In the context of anything I say that may be technical as I respond to each of the points, I underline that I appreciate the great work they do and the...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: That is something that will arise through our surveys, and we will have to work with local authorities on it. As I stated in the context of the previous amendment, work will have to be done to ensure there is consistency in the approach taken though the Bill in regard to the original jurisdiction. We will engage with the local authorities subsequent to that through our surveys.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Peter Burke: I am advised there is nothing in the legislation as it stands regarding prescribed bodies, but there is no limit.

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