Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 34:

In page 30, between lines 18 and 19, to insert the following: “18. (1) The arrangements for public participation on the review, preparation and amendment of a new MSP developed under this Act, and a review and amendment or replacement or revocation of the NMPF in place on enactment, and other relevant documents, shall be consistent with the requirements of Article 9 of the MSP Directive, relevant provisions in European Union legislation referred to therein, and the Aarhus Convention which is an integral part of the EU legal order, and in particular, Articles 3(2), 6 and 7 of the Aarhus Convention.

(2) The Minister may by regulations specify requirements relating to any of the following:

(a) appropriate time periods for public consultation, where—

(i) such time periods when calculated shall not include excluded time periods, and

(ii) shall be generously specified to provide adequate time for the public and relevant authorities and prescribed bodies to plan and prepare so they can participate effectively,

(b) arrangements for the publication of notices relating to relevant documents where such requirements include—

(i) online notification systems including Government websites, and

(ii) more traditional methods including newspaper notices in both national and regional newspapers, given the need to provide for equal access and opportunities to participate in areas and amongst demographies where digital access may present barriers, and to reach the public on matters of concern and interest to the public at large,

(c) the contents of notices, including the following:

(i) public consultation timeframes, including periods during which submissions may be made;

(ii) information on how submissions received will be acknowledged, considered and published;

(iii) information on the proposed methods of public participation;

(iv) the fact that there is no charge to make an observation or submission;

(v) where the relevant information can be found online, and where it can additionally be inspected, and that there is no charge for access to either,

(d) specific additional arrangements (including, if the Minister considers it appropriate to do so in the interests of clarity, separate sets of regulations made under this section) in relation to MSPs that fall within section 16(3)(a), (b) or (c), and of consistent standard to paragraphs (a) to (c) of subsection (3).

(3) Where the Minister makes regulations undersubsection (4), in addition to having regard to the other provisions of this Act, he or she shall also—

(a) act consistently with—

(i) the Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1993;

(ii) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC;

(iii) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment;

(iv) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);

(v) Article 9 of the MSP Directive;

(vi) Article 10 of the MSP Directive,

and

(b) have regard to the following principles and policies:

(i) the opportunity to incorporate national and international good practices relating to public participation;

(ii) public participation in the process is inclusive;

(iii) the balancing of the administrative burden on the competent authority (M) and participants is considered, making use, where possible, of existing public participation processes and methods, while recognising any disproportionate burden on the public is neither desirable or permissible;

(iv) that public participation must be initiated at an early stage and continued throughout the development of MSPs;

(v) that appropriate use is made of a wide range of media to raise awareness to maritime spatial planning and public participation opportunities;

(vi) that appropriate use is made of information technology and is also accompanied by more traditional non-digital methods to ensure fair access is provided for;

(vii) particular additional requirements relating to MSPs that fall within section 16(3)(a), (b) or (c).

(4) In this section, “relevant document” means—

(a) a review of the NMPF in place at the time of enactment,

(b) an amendment or revocation of the NMPF in place at the time of enactment,

(c) a draft of a MSP that falls within section 16(3)(a), (b) or (c), or

(d) a draft of a DMAP or an amendment or revocation of a DMAP.”.