Vol. 492 No. 4
243 Ms Fitzgerald asked the Minister for the Environment and Local Government the proposals, if any, for legislation being prepared under the auspices of his Department that have not yet been published; and the statutory instruments, if any, being prepared in his Department. [13983/98]
The information requested is set out in the following tables.
Proposals for Legislation not yet Published.
|
Title of Bill |
Purpose of Bill |
|
Local Government (Planning and Development) Bill, 1998 |
To strengthen the protection afforded to the architectural heritage and to make other changes in the planning system. |
|
Local Government (No. 2) Bill, 1998 |
To modernise local government legislation and implement a range of reform measures. |
|
Local Government Planning and Development) (No. 2) Bill, 1998 |
Amendments following comprehensive review of Planning Acts. |
|
Statutory Instruments/Regulation being Prepared |
|
Regulations to amend and consolidate the Dog Control regulations.Regulations to give effect to Directive 96/53/EC on the plating of certain vehicles with their maximum weights and dimensions.Regulations relating to the compulsory roadworthiness testing of private cars under Directive 96/96/EC.Regulations to enable the introduction of wheelclamping of vehicles illegally parked on public roads.Regulations to amend the Road Traffic (Traffic and Parking) Regulations, 1997 to make provision for new cycling facilities on public roads.Regulations to amend the Road Traffic (Signs) Regulations, 1997 to make provision for new traffic signs to facilitate the provision of new cycling facilities on public roads.Regulations to give effect to provisions in the Second Directive on driving licences (91/439/EEC) not provided for in existing regulations.European Communities (Environmental Impact Assessment) Regulations, to modify Environmental Impact Assessment related provisions in a number of enactments.Regulations to update the Local Government (Planning and Development) Regulations, 1994, including modifications required to Environmental Impact Assessment related provisions.Housing (Improvement Grants) Regulations, to make further provision for the payment of grants for the provision of water services for individual houses and group schemes.European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, to fully transpose the requirements of various EU emission control directives notably 94/12/EC, 19/69/ECF and 96/20/EC.Regulations to provide for the grant of waste collection permits by local authorities under section 34 of the Waste Management Act, 1996.Regulations to give further effect to Directive 91/157/EEC on batteries and accumulators including the establishment of systems for the separate collection, recovery and disposal of batteries containing high levels of cadmium, lead or mercury.Regulations to give further effect to European Parliament and Council Directive 94/62/EC on packaging and packaging waste.Regulations to establish water quality objectives for phosphorus. Regulations to supplement existing regulations in relation to effluent discharges and waste disposal activities for the protection of groundwater against pollution. Regulations to transpose Directive 97/68/EC on air pollution by emissions of gaseous and particulate pollutants from non-road mobile machinery.Regulations to designate the competent authority to implement the framework Directive on Ambient Air Quality and Assessment (96/62/EC) and its “Daughter” Directives in due course.Regulations to amend the rates remission schemes which operate in specific urban renewal designated areas to bring the qualifying periods into line with the relevant tax incentive periods.Regulations to consolidate the European Communities (Vehicle Testing) Regulations, 1991 to 1996 relating to the compulsory roadworthiness testing of goods vehicles, buses and ambulances. Amendments to Housing Regulations arising from recent changes in house purchase loan schemes. |
244 Ms Fitzgerald asked the Minister for the Environment and Local Government the Acts and provisions of Acts under the auspices of his Department which, as of 1 June 1998, are not in force because a commencement order has not been made; whether it is proposed to make an order in each case; and, if so, when this will be made. [13998/98]
The information requested is set out in the following table:
|
Details of Act |
Relevant Sections not Commenced |
Proposals to Make Commencement Order(s) |
|
Housing Act, 1966 |
Section 115 |
There are no plans to commence this section as there are broader provisions in relation to voting by local authority elected members in the Local Government Acts. |
|
Housing Act, 1988 |
Section 8 |
None. |
|
Electoral Act, 1997 |
Sections 72, 75, 78 and 79 |
Sections 72 and 75 will not be commenced until it is possible in the light of the operation of election expenses limits and disclosure of donations at Dáil and Euro elections to review the operation of these provisions. |
|
Section 78 will not be commenced until consultations with An Post have taken place on implications of the operation of the arrangements for An Post. |
||
|
Section 79 will not be commenced until consultations with returning officers enables an assessment to be made of operational implications of that provision. |
||
|
Control of Dogs (Amendment) Act, 1992 |
All. |
Commencement is being considered in the context of consolidation and amendment of the dog control regulations. Commencement during 1998. |
|
Local Government (Financial Provisions) Act, 1997 |
Section 7 |
None. |
|
Local Government Act, 1955 |
Section 5 for the purpose of the repeal of section 26 of the Local Government Act, 1941, and section 39 of the Local Government Act, 1946. |
None. |
|
Local Government Act, 1991 |
Part VI and Section 54(a) together with associated repeals. |
These provisions, adapted as necessary to take account of the local government reform programme, will be restated and included in the legislation to modernise local government law generally, for publication to mark the centenary of local government. |
|
Local Government Act, 1994 |
Sections 6(3)(b), 12, 18, Parts IV and V; Sections 59 and 68(2); together with associated repeals. |
These provisions, adapted as necessary to take account of the local government reform programme, will be restated and included in the legislation to be published later this year to modernise local government law generally, for publication to mark the centenary of local government. |
|
Local Government Act, 1998 |
All Sections to be commenced |
It is intended that all Sections will be commenced in the current year. |
|
except |
Commenced 30/5/98 |
|
|
Sections 9 and 10 (Postponement of Local Elections) and Section 15 (Collective Citation). |
||
|
Road Traffic Acts, 1961 and 1968 |
Section 93 of the Road Traffic Act, 1961 as amended by section 61 of the Road Traffic Act, 1968 |
It is intended to commence these Sections in the current year. |
|
Sections 58 of the Road Traffic Act, 1968 (which amends Section 86 of the Road Traffic Act, 1961) |
None. |
|
|
Road Traffic Act, 1994 |
Section 25 and 49(i)(j) |
It is intended to commence section 49(i)(j) in the current year. Commencement of section 25 is not yet envisaged. |
|
Finance Act, 1976 |
Section 68, 69, 70, 72 and 75. |
None. |
|
Environmental Protection 1992 |
Act, Sections 93, 102 and 103 and parts of the First Schedule. |
No immediate plans to commence the three sections. The First Schedule is being commenced on a phased basis. The process is complete for new activities. It is ongoing for existing activities and will be completed as soon as possible. |
|
Local Government Pollution) Act, 1977 |
(Water Section 25 |
None. |
|
Air Pollution Act, 1987 |
Sections 9 (part of), 20, 21, 22, 23 and 25. |
Under consideration. |
