Martin Cullen (Waterford, Fianna Fail)

In considering this amendment we should be clear about the purpose of the relevant subsection. The requirement on the applicant to notify the planning authority in the functional area in which the development will be located is to ensure the authority is aware of all development proposals in its area and the possible implications for development control. This is consistent with section 91(6) of the Bill under which the authority must maintain a register on IPPC activities in its area.

The notification is not for the purpose of advising about any possible emissions from the activity. This is because the planning authority is precluded under section 99F of the Bill from placing conditions relating to emissions in a planning permission for an IPPC licensable activity. IPPC licences deal with emissions from activities across whatever local authority areas might be affected and the EPA is the designated national authority to control and regulate such emissions. The point made by the Senator is dealt with by the EPA and does not take into account any particular local area but deals with it across the spectrum.

The notice provisions contained in the subsection, which are supported by regulations which require site notices and publication of a notice in a newspaper circulating in the district in which the activity will be carried on, provide adequate notice of IPPC proposals to interested parties. Accordingly, I cannot accept the amendment.