SIB or the Burial of the Statutory Undertaker.

national | anti-capitalism | news report

Saturday June 17, 2006 17:25

by Chris Murray - The Unmanageables

:To be replaced with the undertaker.

The Planning and development Bill yesterday passed with copious Government
amendments thru the Seanad.

http;//debates.oireachtas.ie/DDebate.aspx/=sen20060516

On the day of the burial (with full military honours) of a certain ex Taoiseach. Mr Dick Roche
TD sought to bury the statutory undertaker and replace it with the undertaker in relation to
the judicial process by the objector.

All amendments are not published nor fully understood, unless you happen to be a constitutional
lawyer, but here are some snippets:

Page 20 : section 5:
The Board (an Bord Pleanala) may-
a). If it considers it necessary to do so, require a statutory undertaker that has applied for approval
for a proposed development to furnish to the board such further information in relation
to the effects on the environment of the proposed development as the Board may speciffy,or

(replace statutory undertaker with undertaker)

Interestingly Page 21
has the deletion also of a statutory undertaker on line 19-20, but
not at the beginning of the section(8) which describes what a statutory undertaker is required to do:
(rather difficult if you have been deleted from the act).
The duties of the statutory undertaker involve , advertising in local and national newspapers on
the proposed development. The deleted statutory undertaker, now undertaker
"has pursuant to an invitation of the Board (ABP) made alterations to the proposed
development(and the nature of those alterations indicated) and if it be the case, that information in relation to the terms of the development as so altered or a revised EIS in respect of the development be furnished to the board.

(or as Kandinsky said :"God is in the detail")

Section 50 is required reading for residents of Pallaskenry, Rossport and Tara.
it significantly increases the water -mark in relation to accessing the Judicial review
process. (sections of it were published in Indymedia on 19th feb 2006)

(II). Your organisation or group must have been set up with the stated aim and
objective of environmental protection for 12 months in order to pursue those
aims and objectives.....unless you are a recognised environmental NGO).

On Page 44 a whole section has been excised. (5).

replaced with details around the Supreme Court judgements.

http://www.environ.ie
also www.nra.ie

furnishes the templates created for the nra, designed by mc gowan (cf NRA conference report-30th March 2006).

The State has created this bill to appeal to the lobby which is pushing for high-cost, multiple bidding
fast-track planning. The template for the creation of EIS furnished in the nra site states in writing that
the route will not be changed after the EIS stage. Martin Cullen endorsed this published non-statutory
guideline by addressing this conference. (I got his seat) and I am sure its actionable.
Since the abolition of the statutory body to protect the environment these laws have been drawn up to facilitate the developer Lobby. no separate and equivalent legislations have been drawn up to protect natural and built heritage.

note: The SIB includes all incinerators except the Poolbeg one, in Michael mc Dowell's constituency.
he opposed the setting up of the NIB and lobbied for the re-structuring of ABP. the court system will be re-structured also. Thus "A dangerous piece of legislation"
Corruption in action.

Environmental Assessment and Construction Guidelines. NRA. National roads Authority.
(Published guidelines March 30th 2006)

www.nra.ie
http://debates.oireachtas.ie/DDebate.
info@NRA.ie.