Dáil Éireann Debate, Tuesday - 2 October 2018
629. Deputy Charlie McConalogue asked the Minister for Housing, Planning and Local Government the position regarding a matter raised in correspondence (details supplied) regarding seaweed harvesting rights; and if he will make a statement on the matter. [39688/18]
View answerI replied to the correspondence referred to on 29 August last.
In my response, I advised that I had recently clarified the legal position regarding the interface between applications to my Department for licences to harvest wild seaweed and existing harvesting rights. My letter explained that in conjunction with the Attorney General, it had been established that there were:
- appurtenant rights, which are generally confined in extent to the reasonable needs of the associated property, and
- profit-a prendre, a right to take, which can be both appurtenant, relative to the needs of the property, or in-gross, not relative to the needs of the property.
I went on to inform that while the provisions of the Foreshore Act do not apply to individuals who hold rights to take seaweed, the matter of registration of such rights is one for the Property Registration Authority.
With regard to Marine Spatial Planning (MSP) an invitation has been extended to Coiste Cearta Cladaí Chonamara to join the MSP Advisory Group which they have indicated they will accept.
