I move amendment No. 20:
In page 22, between lines 30 and 31, to insert the following subsections:
"(3) (a) In this subsection—
‘foreshore' has the meaning assigned to it by section 1 of the Foreshore Act, 1933;
‘State land' has the meaning assigned to it by section 2 (1) of the State Property Act, 1954;
‘permit' means a working facilities (State land) permit (within the meaning of section 27 of the Act of 1960).
(b) The grant by the Minister of a permit in relation to State land that
consists in whole of part of foreshore shall require (in addition to the consent specified in section 27 of the Act of 1960) the consent of the Minister for the Marine.
(c) Where a permit relates to State land that consists in whole or part of foreshore, the determination by the Minister of the sum to be paid under subsection (5) of section 27 of the Act of 1960 as consideration for the grant of the permit shall be made (as well as with the concurrence of the Minister of the Government specified in the said subsection (5)) with the concurrence of the Minister for the Marine.
(d) Where a permit relates to State land that consists wholly of foreshore the sum paid to the Minister under section 27 (5) of the Act of 1960 as consideration for the grant of that permit shall be paid by the Minister to the Minister for the Marine.
(e) Where a permit relates to State land that consists in part of foreshore, the determination referred to in paragraph (c) shall specify what amount of the sum concerned is attributable to the said foreshore (the attributed amount) and on payment of the sum concerned to the Minister, the Minister shall pay the attributed amount to the Minister for the Marine.
(f) Compensation payable under section 28 of the Act of 1960
shall, in so far as it is in respect of damage or nuisance caused in relation to foreshore that is the subject (whether or not in addition to other State land) of a permit, be paid to the Minister for the Marine and the provisions of Chapter VII of Part II of the said Act shall apply in respect of such compensation as they apply in respect of compensation that is payable under the said section 28 to the Minister.
(g) For the purposes of the said application of the said Chapter VII,
references in the said Chapter to the Minister shall be construed as references to the Minister for the Marine.
(4) (a) The Minister shall not approve, pursuant to a petroleum lease—
(i) The abandonment by the lessee under the lease of any offshore installation used in connection with the activities carried on, in or over the land (within the meaning of the Act of 1960), seabed or subsoil demised by the lease, or
(ii) the placing by such a lessee of—
(I) such an installation, or
(II) any offshore pipeline that has been used in connection with the said activities,
being an installation or pipeline which is no longer used in connection with the said activities, in the sea for a purpose other than that for which it was designed and constructed,
with the consent of the Minister for the Marine.
(b) In this subsection ‘petroleum lease' means a petroleum lease (within the meaning of the Act of 1960) that is granted after the passing of this Act.".
This amendment inserts two new subsections (3) and (4) in section 14 of the Bill. The new subsection (3) is designed to ensure that the Minister for the Marine retains full control over any foreshore involved in the grant of working facilities permits. Under the 1960 Act the Minister may compulsorily acquire either permanently or temporarily any land or any ancillary right where he is of the opinion that it is necessary for the efficient or convenient exploitation of petroleum. Such acquisition is known as a working facility acquisition order. In relation to the grant of a petroleum lease the Minister may grant to the lessee a permit to use any land or ancillary right acquired by a working facilities order. Such permit is known as a working facilities permit.
The second new subsection (4) is connected with the Convention for the Protection of the Marine Environment for the North-East Atlantic, generally known as the Ospar Convention which Ireland signed on 22 September 1992. This subjection provides that the consent of the Minister for the Marine will be obtained before the Minister for Transport, Energy and Communications may authorise under a petroleum lease the abandonment of an offshore installation or the placing of a disused installation or pipeline in the sea for a purpose other than that for which it was designed or constructed. This consent requirement reflects the Minister for the Marine's overall responsibility in regard to marine environment issues. Separate provision is proposed in the Dumping at Sea Bill, 1995, which is currently before the Dáil to prohibit the dumping of offshore installation at sea.