Lynn Ruane (Independent) | Oireachtas source

Amendment No. 23 proposes to delete clause 1 of paragraph d(i) as inserted by Government amendment No. 181. The rationale for the removal of this provision is that it removes the application of Chapter 2 of the Planning and Development Act 2000 to a lease made on or after 1 October 2017, under section 2 of the 1993 Act authorising the lessee to, for the purposes of the development of one or more of the Acts referred to in that section. Could this disapplication of a lease refer to petroleum exploration? If this is the case, it is completely inappropriate.

Amendment No. 24 seeks to ensure there is no ambiguity on the relevant date for the purposes of the judicial review if MARA adopts a determination on appropriate assessment from the foreshore or other bodies. We are concerned there will be arguments and lack of clarity on this, which will only delay matters. Clarity is preferable and in everyone's interest.

Amendment No. 25 seeks to address the concern that the implication of MARA making the decision on the licence under the Maritime Area Planning Act instead of the foreshore legislation will mean the JR window is shortened to eight weeks, rather than the normal three months. Given the potential for confusion and the issue arising with the move of the application and decision to another decision-making body - MARA rather than the foreshore unit - we think this is eminently sensible insurance provision. It will mitigate and possibly avoid the level of further complications, which can arise with valid late JR challenges arising from the normal judicial review window. The amendment allows for the normal three month window, which is in everyone's interest, and avoids another concerning impact on the public's interest by limiting the JR window. It is in everyone's interest to ensure decisions are made lawfully. As the Minister of State with responsibility for heritage, he, in particular, should know and appreciate this from the perspective of marine biodiversity and the compliant advancement of renewables that might otherwise be delayed.