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Dáil Éireann debate -
Wednesday, 31 May 2017

Vol. 953 No. 1

Heritage Bill 2016 [Seanad]: Second Stage

I move: "That the Bill be now read a Second Time."

I am very pleased to have this opportunity to introduce the Heritage Bill 2016 and I look forward to the discussion in the House. The general objective of the Bill is to amend certain sections of the Heritage Act 1995 arising from the report of the critical review of the Heritage Council concluded in June 2012 and approved by the Government in 2013. The Bill also amends the Canals Act 1986 in order to provide enabling provisions in primary legislation to allow the making of by-laws for the regulation of boating on the canals. This is being done on the basis of legal advice received with a view to ensuring that such by-laws will be legally robust.

The Bill also makes provision for the regulation of cutting or burning of vegetation and provides for clarification of the powers of authorised officers under the Wildlife Acts. The Bill, which was passed by the Seanad last month, has three main Parts, the first is concerned with amending the Canals Act 1986, the second, the Wildlife Acts, and the third, the Heritage Act 1995.

The amendments to the Canals Act are primarily enabling provisions to allow Waterways Ireland to make by-laws to regulate boating on the canals and to manage the use of the canals. They are designed to enhance the ability of Waterways Ireland to manage these waterways for the benefit of all users. As Members are no doubt aware, Waterways Ireland was established in 1999 under the British-Irish Agreement Act. It is a North-South body charged with the management, maintenance, development and restoration of Ireland's inland waterways, principally for recreation purposes. In total, Waterways Ireland manages some 1,000 km of waterways in both Ireland and Northern Ireland, including the Shannon navigation, the Erne system, the Lower Bann, the Royal and Grand canals, the Barrow navigation and the Shannon-Erne waterway.

Our waterways make a vital contribution to tourism, attracting visitors from around Ireland and abroad. There are more than 14,000 registered boat owners on the seven waterways managed by Waterways Ireland with more than 500 boats on the Royal Canal, Grand Canal and Barrow navigation. The proposed changes will allow Waterways Ireland to manage the Royal Canal, the Grand Canal and the Barrow navigation proactively for the benefit of all users.

Section 4 will replace section 5 of the Canals Act 1986. It sets out the general duties and responsibility of Waterways Ireland to manage the canals as a public amenity for navigation, fishing and other recreational purposes. Section 5 will replace sections 7 and 7A of the Canals Acts 1986 and 2005. The section retains and restates existing provisions as well as creating new provisions for the making of by-laws to regulate the use of boats on the canals and canal property. Matters on which canal by-laws can be made include: the conditions under which boats may be used on the canals; the issue of permits or licences; the type or class of boat, including its dimensions, which may be used on the canals; berths, moorings and the placing of buoys; the regulation and care of animals; and fees, tolls and charges in respect of boats.

The section defines the scope and limits of Waterways Ireland's regulation-making powers. The Bill sets out the process that Waterways Ireland must follow when making by-laws, including a public consultation period of 90 days. Any person who objects to the draft by-laws can submit objections during the consultation period. Every by-law made will be laid before each House of the Oireachtas for a period of 21 sitting days before passing into law and a resolution passed by either House within the 21 sitting days can annul such by-law without prejudice. Provisions on fixed-payment notices are largely unchanged and are being restated in the Bill. The maximum fixed-charge amount for a contravention of the canal by-laws will be €150.

The Bill provides for the appointment and powers of authorised officers for the regulation and management of the canals and canal property. A search warrant, issued by a judge of the District Court, will be needed where an authorised officer wishes to enter onto the part of a boat that is a private dwelling. This provision is a safeguard to residential house boat dwellers. An offence under the Canals Act may be prosecuted summarily by Waterways Ireland.

There are new provisions in this Bill which relate to burning and hedge cutting. Section 40 of the Wildlife Act prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August. Vegetation such as hedgerows and scrub are important as a wildlife habitat and needs to be managed in the interests of road safety, farming and biodiversity. In that regard, I decided that there should be a review of the current legislative provisions to ensure that they remain both effective and balanced. Stakeholders had been seeking an opportunity to input their views on the operation of section 40 and I announced a consultation process in November 2014 which provided that opportunity. I received almost 200 submissions from various representative and Government bodies, elected representatives and members of the public. The pilot measures in section 7 will allow for a more managed approach to the vegetation management issues which regularly arise. Managed hedge cutting will be allowed, under strict criteria and subject to regulations which I will make, during August on roadsides only to ensure issues such as overgrown hedges impacting on road users can be tackled.

Heavy cutting, such as the use of flails, will not be allowed. Controlled burning may be allowed by me, as Minister, in certain areas around the country to be specified by regulation during the month of March should it be necessary, such as, for example, due to adverse weather conditions. It is worth noting that in Northern Ireland burning is permitted in upland areas until 15 April. These two measures are designed to introduce a limited amount of flexibility to help with land management and to allow landowners to trim back overgrown hedges which are impacting on road safety. This is of particular concern to rural dwellers.

I want to assure Deputies that this Bill is not about widespread cutting and burning. Instead, it will ensure that a fair and balanced system is in place while, of course, ensuring the protection of biodiversity. It is important to underline to the House that there is a sunset clause of two years on this provision. Both Houses of the Oireachtas must approve separate resolutions to extend the provisions beyond the two-year pilot phase and the extension cannot exceed three years at any one time.

Debate adjourned.
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