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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: Is the Minister of State saying that the MAC does not give anyone the right to carry out any activity whatsoever, and that they are all subject to subsequent processes, be it licensing or planning permissions?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: Does the MAC give someone exclusivity to that piece?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: You could have five different companies with a MAC for the exact same plot of marine land or overlapping-----

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: In reason you would not, but you could.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: On the key point of environmental impacts, the Minister of State has said the MAC cannot have any environmental impacts because anything that has an environmental impact is subject to a subsequent process.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: Therefore, people would be in breach of the legislation if anything they did, simply because they had obtained a MAC, were to have any environmental impact.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: Apart from apply to do things.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: It is very much the point that often we see in terrestrial planning that communities become aware of planning issues through the different stages of the process. When there is an initial application to a council, they become aware of it and they may become aware of the zoning before that. They may well be involved in the public consultation processes at the level of An Bord Pleanála....

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: In terms of granting a MAC and the conditions that go with it, does the Bill allow for conditions to be attached around rehabilitation in terms of any works that could take place or any damage that has been done to the marine environment? If one is seeking a MAC in an area where damage has already been done to the marine environment, would there be a condition on the MAC that in order to...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: I move amendment No. 156: In page 66, between lines 28 and 29, to insert the following: "(2) The MARA shall also provide for public consultation and consultation with prescribed bodies on the granting of a MAC and shall give due consideration to the consultation responses in determining a MAC application. (3) The Minister shall by regulations specify— (a) the nature of and how...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: This section sets out the definition of "rehabilitate" with regard to maritime areas. It is relevant to section 2(3) of the Bill, with regard to the interpretation of the Act, which states on page 20: A reference in this Act to a MAC includes— (a) the maritime usage the subject of the MAC, (b) the conditions attached, or deemed to be attached, to the MAC by virtue of section 79,...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: I ask the Minister of State to clarify it further. It does not relate to rehabilitation works.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: To clarify, and to close off this matter, being granted a MAC does not entitle the holder to do any of the things referred to by Deputy Boyd Barrett. Section 92, however, then talks about the rehabilitation processes that the MAC holder may have to undertake on the basis of any commissions or licences.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: That obligation will be conferred on the MAC holder by virtue of the permission received and the licence and, as a double mechanism, under the MAC. It is therefore a double level of protection.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: It is a double safeguard.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: That is why it is then specified in this section, even though having a MAC does not allow the holder to do any of these things.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: Can we get a written note concerning what the Minister of State has been saying concerning this matter?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: I move amendment No. 184: In page 89, to delete lines 1 to 8. The purpose of this amendment is to avoid a situation where there is a lack of clarity on when an applicant needs to apply for leave for judicial review. It is not properly stipulated in the Bill. As it currently stand, the courts could be beset with uncertainty on MARA, the MAC holder and the applicant. The amendment...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (9 Nov 2021)

Cian O'Callaghan: What safeguards are in place for the surrender of licences? Has that been considered? Do we have sufficient safeguards for when licences need to be surrendered?

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