Dáil Éireann Debate, Tuesday - 12 October 2021
177. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to concerns with the construction of windfarms on sandbanks on the east coast of Ireland and the impact on the wildlife in the areas; if he will seek to protect existing wildlife with the construction of windfarms; and if he will make a statement on the matter. [49432/21]
View answerThe Programme for Government has committed to achieving 5GW capacity in offshore wind by 2030 off Ireland’s Eastern and Southern coasts and commits production of a longer term plan setting out how we will harness the potential of at least 30GW of offshore floating wind power in our deeper waters in the Atlantic. This level of ambition and pace of development is vital to achieve a reliable supply of safe, secure and clean energy to facilitate the increased electrification of heat and transport. I recognise that this must be planned and delivered in a way that is in step with measures to protect our Marine Environment. In this regard, my attention has been drawn to possible concerns with the construction of windfarms on sandbanks on the east coast of Ireland and the potential impact on the wildlife in these areas.
Importantly, earlier this year Ireland’s first national marine spatial plan, the National Marine Planning Framework (NMPF), was established (www.gov.ie/en/publication/60e57-national-marine-planning-framework/ ). This statutory plan includes objectives and policies that must be considered in relation to all programmes, plan or policies, as well as consenting, approval or regulation in the maritime area, for example Offshore Renewable Energy (ORE). The NMPF includes several chapters concerning environmental matters, where appropriate these are aligned with and support Ireland’s work under the Marine Strategy Framework Directive (MSFD). Building on existing requirements where relevant, implementation of the NMPF will enhance consideration of environment-related matters in decision making in Ireland’s maritime area, including in relation to wildlife.
Specifically the NMPF contains considerable and significant robust protections of our Marine Environment, including Protected Marine Sites such as the Special Protection Areas and Special Areas of Conservation. Individual marine sectors such as ORE and other Marine industry activities are also subject to similar Environmental protection policies throughout the NMPF. For example, ORE Policy 1 states;
''Proposals that assist the State in meeting the Government’s offshore renewable energy targets, including the target of achieving 5GW of capacity in offshore wind by 2030 and proposals that maximise the long-term shift from use of fossil fuels to renewable electricity energy, in line with decarbonisation targets, should be supported.All proposals will be rigorously assessed to ensure compliance with environmental standards and seek to minimise impacts on the marine environment, marine ecology and other maritime users. ’’
Further environmental protections for Ireland’s marine area are in the immediate pipeline, with policy work that increases our Marine Protected Areas ongoing. The final report of the MPA Advisory Group - established in 2019 to provide independent expert advice and recommendations on potential processes and requirements for expanding Ireland’s marine protected areas network - has recently undergone an extensive public consultation. The consultation encouraged all stakeholders and the wider public to get involved by sharing their views on the process by which Ireland’s network of MPAs is to be expanded. Informed by the Expert Advisory report and consultation responses, my Department intends to begin developing legislation on MPAs later in 2021. This work is likely to continue into 2022 so that, in accordance with the Programme for Government, Ireland can realise our outstanding target of 10% MPA coverage of our maritime area as soon as is practicable and also facilitate the achievement of our aim for 30% coverage by 2030.
While the NMPF and future MPAs set the strategic context, my Department currently regulates marine-based activities under the Foreshore Act 1933, as amended, through a system of leasing and licencing. Prior to the submission of a formal application for a foreshore consent, my Department conducts pre-application engagement with applicants to ensure familiarity with the requirements on applicants to provide comprehensive and robust environmental reports with their application for consideration. Any application for a Foreshore consent is subject to assessment under the relevant legislation such as S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011 and the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU as amended by 2014/52/EU). The proposed development or activity is the subject of public consultation and consultation with a number of prescribed bodies, as outlined in S.I. 353/2011 – Foreshore Regulations 2011, to provide expert observations and to propose conditions that should attach to any foreshore consent granted. The submissions of the public and prescribed bodies are fully considered as part of the overall application assessment process. The Marine Licence Vetting Committee also undertakes a comprehensive independent technical review of each application and makes a recommendation to me as to whether or not a foreshore consent should be granted in each case.
In August 2021, my Department published the full text of the Maritime Area Planning (MAP) Bill 2021 and the accompanying Explanatory Memorandum. The MAP Bill focuses on updating the legislation underpinning our marine decision making, and will replace the 1933 Foreshore Act, once enacted. Further information on the MAP Bill 2021 can be found at the following link; www.gov.ie/en/press-release/1e103-publication-of-maritime-area-planning-bill-2021/
The MAP Bill seeks to establish in law a new regime for the maritime area which will replace existing State and development consent regimes and streamline arrangements on the basis of a single consent principle i.e. one state consent (Maritime Area Consent) to enable occupation of the Maritime Area and one development consent (planning permission), with a single environmental assessment.
The MAP Bill will establish a new agency to regulate development in the Maritime Area – the Maritime Area Regulatory Authority (MARA). MARA’s functions will include assessing and granting all Maritime Area Consents, granting licences for a number of activities in the Maritime Area (including environmental surveys), ensuring robust compliance through enforcement measures, and managing the existing State Foreshore portfolio of leases and licences. In the interim, arrangements are in place to deal with the existing cases being examined under the Foreshore Acts, and to deal with the transition to the new regime.
To support implementation of the NMPF and MAP Bill, my Department is working with the Department of the Environment, Climate and Communications and other stakeholders to develop statutory marine planning guidelines that will support best practice throughout the planning process for offshore renewable energy.
