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Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 41: In page 83, to delete lines 8 to 15 and substitute the following: "(6) (a) The holder of a MAC to which section 75(1) applies shall, not later than three months before undertaking any development the subject of such permission and which is for the purposes of the maritime usage the subject of the MAC, make an application under section 86(1) to amend the MAC by way...

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I was fairly clear in my comment. I do not think what Deputy Boyd Barrett has spoken about is the case. We believe it is sufficient that the application to amend the MAC by attaching a rehabilitation schedule is made not later than three months before commencement. This is to cover smaller developments that may well be ready within six months of the grant of permission. There is no...

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: The Deputy referred to flipping a MAC. You cannot flip a MAC, unless perhaps it is a Big Mac. MACs are attached to the individual, so they stick with the individual applicant.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: That is correct.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: To address Deputy Boyd Barrett, the technology is not there right now to put wind farms out where the Deputy wants to see them. That is the challenge we have. There is a significant depth drop-off on the east coast, so wind farms can go out only so far. I think the North Sea basin is very different from the Atlantic basin. I heard Deputy Boyd Barrett mention Germany and other countries on...

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: Correct.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 31: In page 57, line 10, to delete “Minister” and substitute “Board (M)”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 32: In page 57, lines 11 to 13, to delete all words from and including “The” in line 11 down to and including “opinion” in line 13 and substitute the following: “The Board (M) may, at any time and with the prior approval of the Minister, remove the chief executive officer from office if, in the opinion of the Board (M)”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 33: In page 57, line 20, to delete “Government” and substitute “Board (M)”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 34: In page 58, line 11, to delete “exercised” and substitute “performed”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 35: In page 63, line 26, to delete “five” and substitute “three”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 36: In page 64, line 25, to delete “two” and substitute “three”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 37: In page 64, lines 34 to 38, to delete all words from and including “Not” in line 34 down to and including line 38 and substitute the following: “Subject to subsections (2)and (4), the MARA shall, not later than 30 June in each year, prepare and adopt, and submit to the Minister, a report in writing (in this section referred to as the...

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: This amendment effectively seeks to restrict significantly the scope of activities that can be considered for a maritime area consent, MAC, in a specific zone and, in so doing, to control development in the maritime area. It is important to remember a MAC is merely a right to occupy a part of the maritime area, conditional on securing other necessary approvals. It is not a permission to...

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 19: In page 46, line 14, to delete “Minster” and substitute “Minister”.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I move amendment No. 20: In page 49, line 18, to delete “and (c)” and substitute “to (d)”. Amendment No. 20 is a technical amendment to take account of an addition to section 45(2) in respect of matters of which the Minister shall take account when appointing members of the board.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I am not sure how we could take that into consideration. With regard to this set of amendments, we were advised on Committee Stage that, to ensure confidence in the governance arrangements for the maritime area regulatory authority, MARA, a governance review of the establishing provisions was being undertaken. This review, having regard to the code of practice for governance of State...

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: I am not sure we can correct that in this legislation.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: We accept that as a given but I am not sure this is something we can address in this specific legislation. I do not believe we can.

Maritime Area Planning Bill 2021: Report and Final Stages (1 Dec 2021)

Malcolm Noonan: Again, we are going to move this amendment but we can take this matter to the Minister for Public Expenditure and Reform to try to address the specific issue Deputy Boyd Barrett has raised.

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