Planning and Development (amendment) Bill 2009 re: Habitats

Planning and Development (amendment) Bill 2009 re: Habitats

Postby ClaireM » Wed Oct 14, 2009 12:52 pm

Section 34 of the Bill amends section 212 of the Principal Act (Development by Planning Authority) to widen the scope of the powers of planning authorities to empower them to take action to secure the creation, management, restoration or preservation of any site of scientific or ecologic interest.

Would anyone be able to tell me in simple practical terms what this amendment means for biodiversity conservation?

Thankyou!
ClaireM
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Re: Planning and Development (amendment) Bill 2009 re: Habitats

Postby henno » Wed Oct 14, 2009 1:33 pm

well, this is the proposed text:

Section 212 of the Principal Act is amended—
(a) in subsection (1)(f) by the substitution of “geological or historical interest;” for “geological, historical, scientific or ecological interest.”,
(b) by the insertion of the following paragraph after subsection
(1)(f): “(g) secure the creation, management, restoration or preservation of any site of scientific or ecological interest, including any Nature Conservation Site or proposed Nature Conservation Site,”,
and
(c) by the insertion of the following subsection after subsection
(4):
“(5) In this section—
15 ‘Nature Conservation Site’ means—
(a) a European site,
(b) an area proposed as a natural heritage area and
the subject of a notice made under section
16(1) of the Wildlife (Amendment) Act 2000,
20 (c) an area designated as a natural heritage area by
a natural heritage area order made under
section 18 of the Wildlife (Amendment) Act
2000,
(d) a nature reserve established under an establish25
ment order made under section 15 (amended
by section 26 of the Wildlife (Amendment) Act
2000) of the Wildlife Act 1976,
(e) a nature reserve recognised under a recognition
order made under section 16 (amended by
30 section 27 of the Wildlife (Amendment) Act
2000) of the Wildlife Act 1976, or
(f) a refuge for fauna or flora designated under a
designation order made under section 17
(amended by section 28 of the Wildlife
35 (Amendment) Act 2000) of the Wildlife Act
1976;
‘proposed Nature Conservation Site’ means an area in
relation to which it is proposed by the relevant authority
on whom the function to do so is conferred under—
40 (a) an enactment mentioned in the definition of
‘European Site’ in section 2, or
(b) by or under the other enactments referred to in
the definition of ‘Nature Conservation Site’ in
this subsection,
33
Amendment of section 212 of Principal Act. Amendment of section 248 of Principal Act. Direction of payment of costs by Board. to notify, communicate to the European Commission, or make a notice or order as the case may be in accordance with the enactments referred to in paragraph (a) or (b), that the area is or intended to be made a Nature Conservation Site where such a proposal imposes obligations 5 on the relevant authority or other person in relation to the area.”.
henno
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Re: Planning and Development (amendment) Bill 2009 re: Habitats

Postby ClaireM » Wed Oct 14, 2009 2:30 pm

Thanks for putting that up!

Does this mean that the new bill gives local authorities power as regards creating boundaries of sites, notification intention of designation, drafting conservation plans etc... whereas previously the creation, management, restoration etc of sites of ecological interest was carried out by the NPWS?
ClaireM
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Re: Planning and Development (amendment) Bill 2009 re: Habitats

Postby henno » Wed Oct 14, 2009 4:06 pm

The amendments still refer to the wildlife act 2000 as the relative legislation for designations or proposals, and short of any information regarding any change to this, i would assume the status quo shall continue. I am not familiar with the workings of the wildlife act.

It appears to me that all that is changing in this particular section, is slight changes in definitions and titles.
henno
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Re: Planning and Development (amendment) Bill 2009 re: Habitats

Postby ClaireM » Wed Oct 14, 2009 4:49 pm

Thanks for clearing that up :)
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