Brendan Smith (Cavan-Monaghan, Fianna Fail)
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56. To ask the Minister for Public Expenditure and Reform the proposals, if any, there are to amend the Arterial Drainage Act 1945 to include areas in County Cavan that are subject to flooding; and if he will make a statement on the matter. [29487/24]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Arterial Drainage Act 1945 is one of the legislative mechanisms utilised by the Office of Public Works and Local Authorities in the delivery of flood relief schemes in the State. Flood schemes are also delivered via direct application to An Bord Pleanála under the Planning and Development Act 2000.

The decision on which planning framework to utilise for a given scheme is a matter for the OPW and the relevant Local Authority to consider following the completion of the preliminary design phase. The preferred planning framework will be determined by the OPW and Local Authority on a case by case basis and will be influenced by factors such as access to embankments and adjoining lands for the purposes of both construction and ongoing maintenance of the proposed scheme when completed.

As the Minister for Public Expenditure, NDP Delivery and Reform, I have a very specific, statutory role under the European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019, as the competent authority for schemes progressed under the Arterial Drainage Act. This involves ensuring that the environmental impacts of the scheme are compliant with relevant national and EU legislation including; the EIA Directive, Habitats Directive and the Water Frameworks Directive.

In an effort to ensure that the discharging of these functions is done in as timely a fashion as possible, officials in my Department are examining any administrative and legislative measures which are available in this regard. This work is ongoing.