Tuesday, 11 June 2019

Questions (720)

Jackie Cahill

Question:

720. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the process of appeal when there is a dispute with regard to foreshore licence applications; and if he will make a statement on the matter. [23178/19]

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Written answers (Question to Agriculture)

My Department has responsibility for foreshore licensing functions in respect of designated fishery harbour centres, activities wholly or primarily for the use, development or support of aquaculture, and activities which are wholly or primarily for the use, development, or support of wild fisheries.

Applications for aquaculture licences are considered in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. The licensing process involves consultation with a wide range of scientific and technical advisers as well as various Statutory Consultees. The legislation also provides for a period of public consultation.

In the case of Aquaculture licensing, a foreshore licence is issued as a companion licence to an Aquaculture licence. Legislation governing aquaculture licensing provides for an appeals mechanism. Appeals against licence decisions are a matter for the Aquaculture Licences Appeals Board (ALAB) which is an independent statutory body.

The Foreshore Act sets out how reviews of decisions regarding foreshore licence applications which are unrelated to aquaculture may be pursued, i.e. a person may question the validity of the Foreshore Licence determination by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986). This review mechanism is also specified in Public Notices published by my Department regarding decisions on relevant foreshore licence applications.

Responsibility for all other foreshore licensing functions rests with the Minister for Housing, Planning and Local Government.