Dáil Éireann Debate, Wednesday - 21 June 2023
100. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage if he will provide details of the foreshore licence granted (details supplied) regarding the foreshore activity issued by the Department of Transport during 2022; and if he will make a statement on the matter. [29885/23]
View answerThe 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 at the time of the two referenced Marine Notices from 2022, which related 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, was that a foreshore licence was not required under Section 3 of the Foreshore Act 1933, on foot of legal advices.
There always were, 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.
In December 2022, arising from further legal advice, my Department undertook to amend the legislation to include within the definition of Foreshore under the Foreshore Act 1933, the body of water over the relevant seabed. Part 3 of the Planning and Development and Foreshore (Amendment) Act, 2022 introduced an amendment to that effect.
As a result a licence under Section 3 of the Foreshore Act 1933 is now required for the type of activity in question.
The Maritime Area Planning Act 2021 provides for the establishment of a new marine planning system and a new licensing and development management regime, to be administered by the Maritime Area Regulatory Authority (MARA), in conjunction with An Bord Pleanála (ABP) and the coastal local authorities. MARA is due to be established on 17 July, 2023.
