I move amendment No. 69: In page 46, between lines 3 and 4, to insert the following: “(9) Notwithstanding subsection (7) or (8) , a status of exempted development howsoever it arises, shall not be viewed as to operate to exempt such development from obligations to provide for remedies required under EU environmental legislation, including under the Environmental Impact Assessment Directive, the Water Framework Directive, the Birds Directive and the Habitats Directive.”.

I move amendment No. 70: In page 46, to delete lines 4 to 40, to delete pages 47 to 54, and in page 55, to delete lines 1 to 4 and substitute the following: “Declaration on development, exempted development, etc. 10 (1) If any question arises as to what, in any particular case, is or is not development or is or is not exempted development within the meaning of this Act, any person may, on payment of the prescribed fee, request in writing from the relevant planning authority a declaration on that question, and that …

The Minister is obviously not going to accept the amendments to his amendment but, as I still think there is a case to be made for widening third-party access to this mechanism, I urge him to engage with his officials between now and consideration of the Bill by the Seanad, because this is an issue that is going to return to us if it is not adequately dealt with here. The Minister is trying to fix one problem, but in doing so he is creating a problem of equal weight on the other side. Without again labouring the de…

I move amendment No. 1 to amendment No. 72: To delete paragraph (e) and substitute the following: “(e) an organisation, group or association— (i) Whose primary purpose, or whose constitution includes objects, which relate to the promotion of environmental protection of relevance to the request concerned, and (ii) which shall additionally provide a simple written statement when requesting the declaration, review or referral, that it is credibly and reasonably pursuing those objectives, including in the context of a …

I move amendment No. 74: In page 47, line 10, after “fee,” to insert “any person,”.

I move amendment No. 75: In page 47, line 19, after “fee,” to insert “any person, or”.

I move amendment No. 76: In page 47, to delete lines 27 to 32 and substitute the following: “(c) In relation to development (wholly outside the outer maritime area), granted or for which permission or consent is sought under this Act or the Act of 2000, any person may, upon payment of the prescribed fee, make a request in writing to the planning authority within whose functional area the development is, or is proposed to be situated, for a declaration on any question relating to—”.

I move amendment No. 77: In page 47, to delete lines 27 to 32 and substitute the following: "(c) Upon payment of the prescribed fee, any person may make a request in writing to the planning authority within whose functional area a development is, or is proposed to be situated, in relation to development (wholly outside the outer maritime area) which is being carried out or is proposed to be carried out, for a declaration on any question relating to—".

I move amendment No. 78: In page 47, line 27, after "fee," to insert "a person".

I move amendment No. 1 to amendment No. 79: To delete "request, notify the owner of the land or maritime site, as the case may be, in writing of the making of the request." and substitute the following: "request— (a) notify the owner of the land or maritime site, as the case may be, in writing of the making of the request, or (b) in circumstances where the relevant person has been unable to identify or notify the owner of the land or maritime site to which the request relates, they shall include with the request a …

I move amendment No. 81: In page 48, line 23, to delete "occupier." and substitute "occupier, and".

I move amendment No. 82: In page 48, between lines 23 and 24, to insert the following: "(iii) notwithstanding subsection (8) , shall include details of the declaration sought and the further information requested on the planning register.".

I move amendment No. 83: In page 48, to delete lines 30 to 33 and substitute the following: "(7) (a) Any person (in this subsection referred to as the “appellant”) may, not later than 5 weeks from the date of the publication of the declaration under subsection (8) , and on payment to the Commission of such fee as may be approved under section 365 , appeal the declaration to the Commission.".

I move amendment No. 84: In page 49, to delete lines 31 to 33 and substitute the following: "(8) (a) Particulars of every declaration sought under this under subsection (2) shall be entered on the register of the planning authority, and published by the planning authority or the Commission as the case may be, within 3 days of the receipt of such declaration. (b) Particulars of every declaration made under this section of a planning authority or the Commission in relation to a request under subsection (2) shall be e…

I move amendment No. 85: In page 49, between lines 33 and 34, to insert the following: "(9) Notwithstanding subsection (8) , particulars of every declaration sought and made under this section of the Commission, including declarations sought and made under subsection (13) , and particulars of any appeal under subsection (7) being sought or made, shall also be published on the website of the Commission, within 3 days of such matters being sought or made as the case may be.".

I move amendment No. 86: In page 50, line 2 to delete "any" and substitute "all".

I move amendment No. 87: In page 50, to delete lines 13 to 19 and substitute the following: "(c) Where the planning authority or the Commission makes a decision it shall, as soon as possible and not later than 3 working days thereafter, cause the relevant documents to— (i) be published on its internet website, and (ii) be made available for inspection free of charge and purchase by members of the public at a reasonable cost, during normal office hours at its offices during such period which it considers appropriate…

I move amendment No. 88: In page 50, after line 40, to insert the following: "(iii) whether or not the development or proposed development is likely to have significant effect on the use of Irish within a Gaeltacht Language Planning Area (including by virtue of its nature, size and location) and requires the carrying out of a language impact assessment.".

I move amendment No. 89: In page 51, between lines 11 and 12, to insert the following: "(iii) whether or not the development or proposed development is likely to have significant effect on the use of Irish within a Gaeltacht Language Planning Area (including by virtue of its nature, size and location) and requires the carrying out of a language impact assessment.".

I move amendment No. 90: In page 52, between lines 16 and 17, to insert the following: "(v) the opinion of the Minister as to whether the development is likely to have an impact on the use of Irish within a Gaeltacht Language Planning Area.".