Dáil Éireann Debate, Tuesday - 1 February 2022
320. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the steps he can take with the Minister for the Environment, Climate and Communications to address the large-scale bureaucracy required to be completed by local authorities when they are looking to carry out necessary dredging works at piers and harbours under their control. [4403/22]
View answerThe responsibility for the development on Ireland’s foreshore is regulated under the provisions of the Foreshore Act 1933, as amended. As the Minister of State with responsibility for Planning and Local Government I am the ‘appropriate Minister’ for the purposes of the Act and have responsibility for all development types covered by the Act with the exception of a number of specific areas of responsibility for which the Minister for Agriculture, Food & the Marine is the appropriate Minister.
I wish to clarify that the Minister for Agriculture, Food and the Marine has sector-specific responsibilities related to aquaculture and sea fisheries and owns, operates and maintains 6 designated State-owned Fishery Harbour Centres and any activity (marinas, dredging, pontoon, pier and so on) within these centres are the responsibility of that Minister. In addition, dredging campaigns within a busy local authority harbour or berthing pocket for fishing vessels within a local authority harbour would also be a matter for that Minister.
As the Minister of State with responsibility for Planning and Local Government my current responsibilities are not sector-specific and cover a wide range of development types including other dredging works which do not fall under the remit of the Minister of Agriculture, Food and Marine.
The Foreshore Act 1933, as amended, requires that a lease or licence must be obtained from the Minister for Housing, Planning and Local Government for the carrying out of works or placing structures or material on, or for the occupation of or removal of material from, State-owned foreshore, which represents the greater part of the foreshore. The Act provides for the issuing of licences or leases which are in the public interest and provides for the removal of any material within the foreshore and not more than thirty feet below the surface thereof
The Department’s website (see: www.gov.ie/en/service/a5994-how-to-apply-for-foreshore-consent ) provides guidance on how to apply for Foreshore Consent, the first step of which is to meet with Department officials to discuss the proposal. At this pre-application phase, applicants are advised to ensure they are aware of the relevant planning, environmental impact assessment and appropriate assessment rules, including public participation requirements where applicable.
The process times for foreshore licenses may vary from application to application depending on the nature of the works proposed, the complexity of the environmental reports to be considered and the nature of the engagement of the applicant with the process overall.
The enactment of the Marine Area Planning (MAP) Act in December 2021 has delivered a new legislative basis – allowing for the regulation of Ireland’s maritime area usage outside the 12 nautical mile coastal zone for the first time. The comprehensive and coherent marine planning regime, laid out in the MAP Act, aims to streamline the application process making it more efficient.
The legislation provides for the establishment of the Maritime Area Regulatory Authority (MARA), a dedicated maritime area agency. This is a priority for government. This work is being led my Department and will be in place by Q1 2023.
