John Gormley (Dublin South East, Green Party)

I am sure it is. The amendment aims to improve the throughput of An Bord Pleanála and secure a higher compliance rate with the statutory objective period of 18 weeks for appeals.

Section 29 provides for an increase in the maximum fine to €5,000 for a summary offence under the planning Acts and an increase to €1,500 in the maximum daily fine for a continued offence.

Section 31 amends section 180 of the principal Act which provides that a housing or residential estate be taken in charge by the planning authority in certain circumstances on foot of a request from a majority of the owners or occupiers. The Law Reform Commission's report on multi-unit developments recommended that it should be owners of units only who would have the right to determine whether the estate was taken in charge. This amendment implements the commission's recommendation.

Sections 32 and 33 amend sections 182B and 182D of the principal Act, respectively, to provide powers for An Bord Pleanála to recover costs at pre-application and determination stage in respect of applications for electricity transmission lines and strategic gas infrastructure. Section 34 modifies certain provisions of section 212 of the principal Act as they relate to the functions of the planning authority regarding the development of land. The amendment is intended to extend the scope of the powers of planning authorities to allow them to take action to secure the creation, management, restoration or preservation of a site of scientific or ecological interest. Similarly, section 36 amends the Transport (Railway Infrastructure) Act 2001 to provide An Bord Pleanála with powers to recover pre-application and determination costs in respect of applications for railway orders.

At this stage, it is appropriate to signal some of the amendments that I intend to table on Committee Stage. Building on the action that I took last year to close the legal gap in planning applications for retention permission for developments that should have been subject to environmental impact assessments, EIAs, I intend to introduce specific provisions on Committee Stage that will remove the possibility of retention of unauthorised developments that should have been subject to EIAs, other than in exceptional circumstances. Allied with these amendments, I will also revoke the current seven-year time limit within which enforcement action may be taken in respect of unauthorised developments that should have been subject to EIAs.

The European Court of Justice has ruled against Ireland for our failure to implement and adequately transpose into law elements of the birds and habitats directives. It has become necessary to integrate the requirements of these directives into planning law. Two central issues need to be addressed. These are the screening and assessment of proposed land use plans and development proposals for their potential impact on European nature sites for the protection of birds and other species and habitats, collectively known as Natura 2000 sites, and measures to protect species of flora and fauna protected under Irish law from disturbance and destruction as a consequence of development. I am confident that the proposed reforms to be introduced on Committee Stage will address the recent European Court of Justice judgments against Ireland in this regard. I also intend to make proposals to provide for the mandatory objectives in development plans for the protection and listing of undisputed rights of way.

The necessary work is under way to integrate better the foreshore consent processes within the planning processes under the planning Acts in anticipation of the formal transfer of the foreshore functions to my Department. The initial focus is on integrating the foreshore consent process for major infrastructural projects with the consent process under the Strategic Infrastructure Act.

The Bill is about better enabling us to deliver competitive and dynamic cities, towns and regions which will help to improve our quality of life in economic, social and environmental terms and contribute towards the vision of a sustainable future for all. It will strengthen transparency, openness, democratic involvement and public participation in the planning system. More focused land use strategies will also result in a more efficient use of taxpayers' money by allowing the State to target investment in essential infrastructure and services more accurately. I look forward to engaging on Committee Stage on these provisions and Government and Opposition amendments which I hope will be constructive and helpful.

I will not be able to stay, as I have a committee meeting to attend. However, I will stay for a period. I do not know how Senators can bear the heat in the Seanad.