What was the reason for the two different sets of dates?
SECTION 5.
Question proposed: "That section 5 stand part of the Bill."
This refers to the original scheme. The period of one month has been reduced to 14 days and that of three months to one month.
Are they for different types of schemes?
Yes. Under section 5 of the principal Act the Commissioners are obliged, when they have prepared an arterial drainage scheme for an entire catchment, to send a copy of the scheme to the council of every county in which an existing drainage district to be affected by this scheme, lies. They are also obliged to publish, in Iris Oifigiúiland one or more newspapers circulating in the area, notice to the effect that such a scheme has been prepared and that it will be placed on public exhibition at specified locations for a period of at least one month. Section 5 of the principal Act also allows county councils a period of three months in which to submit their observations. We are reducing those two periods to 14 days and one month.
Question put and agreed to.
NEW SECTION.
I move amendment No. 2:
In page 4, before section 6, to insert the following new section:
"6.—The Commissioners shall, when constructing drainage or flood protection works, take such precautions and make such provisions as the Minister for the Marine and the Environmental Protection Agency may consider adequate for the protection of, and the avoidance of injury to, fisheries and the environment during or in consequence of the construction of such drainage of flooding relief works.".
This amendment provides that the Commissioners should consult the Minister for the Marine and the Environmental Protection Agency on fisheries matters to ensure that no damage to fisheries or the environment arises from these proposals. Section 3 provides that the Commissioners will take account of environmental and other matters. Under the Arterial Drainage Act the Commissioners are not obliged to comply with fisheries legislation. The Minister may wish to clarify this. It cannot be entertained any longer. The Act provided that before undertaking works the Commissioners would have to consult the Minister for Agriculture who had legislative responsibility for fisheries when the legislation was enacted in 1945. The Commissioners are not obliged to comply with fisheries laws to the best of my knowledge although it is inconceivable that the Commissioners would breach the fisheries legislation. Nevertheless, it is desirable to include this provision as a safeguard. There has been an amount of consultation, discussion and dialogue between the fisheries authorities and the Commissioners of Public Works over the years. However, in the construction of schemes — particularly minor ones where spawning beds and removal of silt might be involved and spawning stock damaged at critical periods — it is vitally important that the Commissioners consult and agree with the Minister for the Marine before any such works are undertaken.
The Minister may say there is a contradiction between what I said on a previous amendment and what I am saying here but there is no contradiction because we are discussing two different things. Dealing with a flash flood in Fermoy, for example, where some sandbags or walls are urgently required to protect houses from flooding is completely different to undertaking a drainage scheme in a small catchment where salmon might be spawning, or undertaking such work at a critical time. This amendment seeks to ensure that the Minister will consult the Minister for the Marine. There have been cases where damage has been done to fisheries during drainage work. There is no doubt that if a farmer or somebody living by the banks of a river did such work, he would be prosecuted by the State. Perhaps this comes from the 1945 legislation but it should be considered carefully. Those are my reasons for proposing this amendment.
The sentiments expressed by the Deputy are accepted. However, the amendment is not necessary and we do not propose to accept it. The Commissioners of Public Works are already obliged to carry out detailed environmental impact assessments for drainage schemes under the terms and conditions of the European Community's Environmental Impact Regulations, 1989, made by the Minister for the Environment. They are also obliged to publish the reports as part of the scheme documents. These regulations specifically amended the relevant provisions of the Arterial Drainage Act, 1945 in relation to the preparation and execution of arterial drainage works. The Commissioners are also obliged, under section 7 (1) and section 10 (2) of the principal Act, to consult widely — including the Minister for the Marine and the Minister for the Environment — and specifically to take such precautions and make such provisions that the Minister for the Marine may consider adequate for the protection of and avoidance of injury to fisheries. The Office of Public Works is also subject to the Fisheries Act, 1959 and the Fisheries Act, 1980.
Amendment, by leave, withdrawn.