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Dáil Éireann debate -
Thursday, 11 Oct 2001

Vol. 542 No. 1

Written Answers. - Foreshore Licences.

Ivor Callely

Question:

54 Mr. Callely asked the Minister for the Marine and Natural Resources the measures which are available to a sailing club to address problems associated with accretion in the area where the club operates; if dredging is required; the procedure to be followed; and if he will make a statement on the matter. [22596/01]

Accretion, which is the addition of land above high water through the recession of the tide, is a complex matter which requires careful examination of the particular circumstances in each case to determine ownership of the accretion and whether planning and other local government legislation is applicable.

I assume that what is in question here is siltation, that is, the accumulation of material on the sea-bed below high water, and not accretion. The issue of ownership of the foreshore in question is paramount. Where State-owned foreshore is involved, application should be made to my Department for a foreshore licence for the purpose of removing or disturbing any material thereon. In other cases the permission of the owner of the foreshore would be required, as well as a foreshore licence, if the area in question was the subject of a prohibitory order made by the Minister for the Marine and Natural Resources, under section 6 of the Foreshore Act, 1933, as amended, against the removal or disturbance of such material.

The proper disposal of dredged material has also to be considered. If it cannot be properly disposed of on land, a permit is required under the Dumping at Sea Act, 1996, before disposal could take place in the marine environment. This can only be issued after sediment analysis has been carried out and I am satisfied that the disposal of the dredged material will not have adverse impacts on the marine environment.

It should also be noted that many areas which are prone to siltation are important natural heritage areas as well as being areas of archaeological importance. Accordingly, Dúchas, the Heritage Service, would have to consider the impact on these areas of any proposed dredging. Where the impact would be adverse it is unlikely that dredging would be permitted.

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