Alan Dillon (Mayo, Fine Gael) | Oireachtas source

These references must be updated and the Department has undertaken significant work in recent months, in consultation with other Departments with responsibility for each enactment identified, to finalise the required amendments.

These consequential amendments are to maintain the status quo by the insertion or substitution of references to the relevant provisions of the Bill and do not intend to make new policy changes. Where provisions in the Act of 2000 have changed significantly in comparison to those corresponding provisions of the Bill, the consequential amendments have been carefully reviewed to ensure the new references do not result in any unintended consequence.I cannot accept the proposed amendments to amendment No. 3 for these reasons.

Amendment No. 3 rewords the commencement provision, which is currently section 1(2) of the Bill and splits it into two new subsections to provide further clarity around the commencement of the Act. It adds a new paragraph (c) which allows for the consequential provisions to be commenced at different stages. This is important as an Act of this scale must be capable of being commenced in stages.

The remainder of my amendments in this group relate to the definitions in section 2. Amendment No. 4 inserts a definition for “acquisition of a maritime site”. It relates to further amendments which provide for the application of Part 14 relating to compulsory acquisition to the maritime area. This amendment further replaces the existing definition of “acquisition of land” to include references to “acquisition of a maritime site” where relevant in specific sections. For the purpose of compulsory acquisitions, maritime sites are limited to any part of the maritime area that does not vest in a Minister of the Government.

Amendment No. 5 amends the definition of chief executive in section 2 to provide that the definition is subject to the newly proposed section 589. Section 589 sets out how the chief executive shall be construed for Limerick City and County Council and the instances where it should be taken to mean the director general or the Mayor.

Amendment No. 7 inserts a reference to a person who continues in office as deputy chief planning commissioner of the commission under section 456 into the definition of “Deputy Chief Planning Commissioner”. This was inadvertently omitted from the original definition and is in addition to a person newly being appointed under this Bill.

Amendment No. 8 amends the definition of land to include reclaimed land. Reclaimed land may often still fall within the definition of maritime area and it is important that such land should be treated like other land in the planning process. There may be scenarios where buildings are built on reclaimed land and such developments should be assessed in accordance with the requirements for land rather than the maritime area.

Amendment No. 9 updates the definition of “National Planning Policies and Measures” to include a transitional provision relating to specific planning policy requirements in guidelines which continue in force under section 27 until they are revoked or replaced. Amendments Nos. 10, 11 and 12 are related and update the definition of “occupier” in relation to maritime sites. It includes a reference to a person who is a holder of “a licence under Part 5 of the Act of 2021 granted for a Schedule 7 usage within the meaning of that Part” in addition to the existing references to the holder of a maritime area consent or a lease or licence under the Foreshore Act 1933.

Amendment No. 13 inserts a reference to a person who continues in office as an ordinary planning commissioner of the commission under section 456 into the definition of “ordinary planning commissioner”. This was inadvertently omitted from the original definition and is in addition to a person newly being appointed under the Bill. Amendments Nos. 14 and 15 update references from “foreshore” to the “maritime area” in the definition of "owner". The “maritime area” is a defined term and the more appropriate reference. Amendment No. 18 moves the definition of “strategic development zone” from section 546 in Part 21 to section 2 as the term is used outside of Part 21 and therefore needs to be defined in section 2 for the purpose of the Act generally. A further amendment in Part 21 will delete the definition from that part. Amendment No. 19 updates the definition of "Strategic Environmental Assessment Regulations" to include a reference to any existing regulations in addition to any regulations that may be made under the Act.