I propose to take Questions Nos. 721 and 724 together.
The responsibility for the development on Ireland’s foreshore is currently regulated under the provisions of the Foreshore Act 1933, as amended. The Foreshore Act 1933 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 position in relation to proposed geophysical survey activity involving sonar and echo sounding equipment and which are undertaken in a non-intrusive manner and do not place anything on or remove or disturb or interfere with the seabed or shore, is that a foreshore licence is not required under section 3 of the Foreshore Act 1933 on foot of recent legal advices. There are however, obligations on proposers intending to undertake such survey activity to seek Ministerial consent in accordance with the EC (Birds and Natural Habitats) Regulations 2011.
The existing foreshore licence assessment process for both geophysical surveys and geotechnical-type activities may address all necessary assessments referred to above, because in determining whether to issue the licence the assessments referred to under the Regulations will be conducted. Where it has been assessed and determined in advance under the 2011 Regulations that proposed geophysical activities can be carried out, any conditions referenced in the final assessment must be adhered to. Cases of unauthorised activity are dealt with on an individual basis directly with the responsible party.
The Foreshore Unit and the National Parks & Wildlife Service is considering the need for updated or new guidance in relation to the assessment of proposed geophysical activities. In the interim, those units may be contacted directly for guidance on individual applications which are currently being assessed.
In addition, the Maritime Area Planning Act (the Act), together with the Maritime Jurisdiction Act and the National Marine Planning Framework, represents the biggest reform of marine governance since the formation of the State. This maritime modernisation programme will provide a much enhanced framework for the management of the maritime area by (a) setting out in detail the sovereign rights and jurisdiction the State may exercise on the continental shelf and within the exclusive economic zone; (b) creating a modern, robust planning system to manage development in this newly defined maritime area; and, (c) establishing Government’s long-term vision and objectives for the maritime area and directing decision-making accordingly to implement that vision.
The Act includes provisions to establish a new agency, the Maritime Area Regulatory Authority (MARA). MARA's role will be wide ranging in scope and extensive preparatory work is underway in my Department to prepare for its establishment. It is intended that MARA will be formally established in Q1 2023 and its various functions will be commenced on a phased basis thereafter. One of the functions of MARA will be to issue licences for certain activities in the maritime area. MARA will prepare detailed guidance in respect of this function before the new licensing regime comes into operation. MARA will also be responsible for ensuring robust compliance through enforcement measures.
