Dáil Éireann Debate, Tuesday - 5 April 2011
254 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding proposals for foreshore planning legislation, marine planning guidelines and coastal zone management; if he will provide a description of any such proposed legislation or guidelines; and if he will make a statement on the matter. [6480/11]
View answerThe Programme for Government sets out a number of commitments relevant to the foreshores area viz:
the need for efficient foreshore licensing and leasing for marine energy;
the intention to incentivise and promote off-shore drilling and streamline the planning and regulatory process for bringing ashore these reserves, and
the development of an integrated marine and coastal planning process in order to maximise the potential for Ireland's coastline in fishing, aquaculture, ocean energy and tourism.
Work has commenced in my Department on drafting the General Scheme of a Bill to give effect to these commitments. It is intended that the Bill would, inter alia, integrate the foreshore consent processes for major infrastructure projects within the strategic consent process operated by An Bord Pleanála while the foreshore consent process for non-strategic infrastructure projects would be integrated within the planning consent process operated by the local authorities.
My Department will also be working with other relevant Departments and agencies towards the development of a marine spatial planning framework over the medium term.
255 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government when he will enact legislation to transpose the Aarhus Convention into Irish law; and if he will make a statement on the matter. [6481/11]
View answerThe Programme for Government contains a commitment to complete ratification of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. Delivering on this commitment by addressing the remaining legislative requirements to allow ratification to proceed is a high priority for the Government.
The three pillars of the Convention are partially implemented in EU law by two Directives. The first of these deals with public access to environmental information and was transposed into Irish law through the European Communities (Access to Information on the Environment) Regulations 2007.
The second, known as the Public Participation Directive, deals with public participation in decision making and access to justice. Several pieces of legislation have been used to transpose the Public Participation Directive, including:
Section 33 of the Planning and Development (Amendment) Act 2010;
the European Communities (Public Participation) Regulations 2010;
the Environmental Protection Agency (Amendment) Regulations 2010;
the Waste Management (Licensing) (Amendment) Regulations 2010; and
the Aquaculture (Licence Application) (Amendment) (No.2) Regulations 2010.
The effect of the measures taken to transpose these two Directives is that Ireland is largely compliant with the provisions of the Convention. The Office of the Attorney General has, however, advised that a number of further measures are still required before the ratification process can be completed.
The drafting of the necessary legislation is at an advanced stage and I hope to bring this before the Oireachtas as soon as possible.
