Fintan Warfield (Sinn Fein) | Oireachtas source

I move amendment No. 26:

In page 30, to delete lines 1 to 9 and substitute the following: “(2) Not later than one month following the passing of this Act, the Minister shall commence and carry out a review of the existing NMPF to—

(a) review its compliance with the MSP Directive,

(b) provide for interim protections for the marine environment, and

(c) in respect of the inclusion of relevant projects in the existing NMPF—

(i) to specifically review the compatibility of the inclusion of the relevant projects in the existing NMPF with the requirements of the MSP Directive,

and

(ii) to address consequences arising from the delayed implementation of marine protected areas and adequate designation of sites under the Birds Directive and Habitats Directive.

(3) Notwithstanding anything elsewhere in this Act, no Maritime Area Consent or Development Consent can be granted pending the conclusion of the review under subsection (2).

(4) The Minister shall conduct a public consultation as part of the review and shall also consult with at least with the following organisations:

(a) the Marine Institute;

(b) the Environmental Protection Agency;

(c) the Heritage Council;

(d) Fáilte Ireland;

(e) An Taisce, the National Trust for Ireland;

(f) Sustainable Water Network Ireland.

(5) The Minister shall assess the compliance of the existing NMPF including in particular how the existing NMPF complies with the following articles of the MSP Directive:

(a) Article 1;

(b) Article 4(4);

(c) Article 4(5);

(d) Article 5(1);

(e) Article 5(2);

(f) Article 6;

(g) Article 8(1);

(h) Article 8(2);

(i) Article 10;

(j) Article 11;

(k) the requirements of recital 2 relating to the overarching constraint that development and decision making in marine environment has to be done whilst achieving good environmental status as set out in Directive 2008/56/EC.

(6) The Minister shall consider the implications of at least the following assessments in reviewing the adequacy and compliance of the existing NMPF and the need to provide for interim protection areas, pending the designation of further sites as marine protected areas under Article 13(4) of Directive 2008/56/EC:

(a) Article 17, 10 and 11 of the Maritime Strategy Framework Directive;

(b) Article 16 and 17 of the Habitats Directive;

(c) Article 10 of the Birds Directive;

(d) any data gaps and deficiencies in the assessments highlighted in the consultation responses to paragraphs (a)to (c)above;

(e) the latest Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) report, and its relevance and conclusions for marine biodiversity and relevant avian species including native and migratory bird species relevant for the area of the MSP;

(f) migratory and foraging pathways for marine biodiversity and relevant avian species including native and migratory bird species, to and from, and through the MSP;

(g) outstanding and or inadequate designations in the marine environment or in coastal sites under both the Birds and Habitats Directive;

(h) the requirements for the strict protection of species and habitats listed under Annex IV of the Habitats Directive;

(i) take account of the effect of climate change on patterns of migration; and

(j) take a precautionary approach to data gaps and deficiencies in respect of ecological surveys in respect of the MSP.

(7) The Minister shall detail his detailed reasons and rationale for amending or not amending the existing NMPF including in light of the criteria and considerations above.”.

The Minister of State is aware that there will be a review of the national marine planning framework within the next six years. We want the review to be sooner than that. The Department and the Ministers will know this. Can the Minister of State tell us when the review will happen? We would like to see it happen within 12 months.