Regulation of developments and activities on the foreshore, which is defined as the area of seabed between the mean high watermark and the 12 nautical mile limit (22.2 km) is subject to the Foreshore Act 1933. The Government decided on 2 October 2007 that responsibility for foreshore licensing functions under the Foreshore Act 1933 for all energy developments on the foreshore would transfer to the Department of the Environment, Heritage and Local Government. My Department is currently putting in place the necessary arrangements to ensure the efficient and effective transfer of the appropriate legislation and associated functions.
The authorisation of offshore energy projects under the Foreshore Act is dealt with in two distinct phases.
Firstly an application must be made for a foreshore licence for a defined area of the seabed in which to explore the viability and environmental sustainability of the development.
Secondly, where the site proves suitable, an application may be made within a defined time period for a foreshore lease. The lease application process evaluates the project and its impacts in detail using specialist advisors and extensive direct and public consultation. If it is deemed that the project should proceed, a lease agreement is made to allow the use of the foreshore for the project, subject to various conditions, including an annual consideration for rental of the site.
In relation to the Co. Wicklow coast two leases have been granted:
(i) In January 2002 a lease was granted to Sure Partners Ltd for the construction of a 200 turbine wind farm on the Arklow Banks.
(ii) In November 2005, a lease was granted to Codling Wind Park Ltd for the construction of 220 wind turbines on the Codling Bank.