Dáil Éireann Debate, Tuesday - 12 July 2016
340. Deputy Catherine Connolly asked the Minister for the Environment, Community and Local Government the number of applications for foreshore licences received, granted and not granted in each of the years 2006 to 2015, inclusive, and in 2016 to date; the reason for not granting the licences and for the backlog in processing licences; the steps he is taking to eliminate the backlog; and if he will make a statement on the matter. [21211/16]
Amharc ar fhreagraThe responsibilities of my Department in relation to the administration of the Foreshore Act are regulatory in character. The core responsibilities include the regulation and administration of the foreshore through a system of leasing and licensing. There has been a substantial increase in both the volume of foreshore consent applications and the complexity of these applications, particularly with regard to large infrastructural projects.
The types of activities and developments governed by the foreshore consent regime include: off-shore energy-related developments (including oil, gas, wind, wave and tidal energy); aggregate and mineral extraction developments on the foreshore; projects in ports and harbours (excluding designated fishery harbour centres); marinas, jetties, slipways, rock armouring etc. and outfall pipes from municipal waste water treatment plants.
Foreshore consent can only be granted by my Department if it is in the public interest. At present, the processing of a foreshore consent application includes the following:
- assessment of the application by the Department’s internal technical advisors, and where necessary, the Marine Licence Vetting Committee which advises on scientific matters;
- consultation with statutory and non-statutory consultees, including relevant Departments and Agencies;
- a period of public consultation, normally 21 working days;
- valuation of the site to be occupied by the applicant;
- other public interest elements that may arise in particular cases; and
- obtaining necessary legal advice in complex legal cases from the Chief State Solicitor’s Office and Attorney General’s Office and Department of Public Expenditure and Reform sanction, where appropriate.
The numbers of foreshore consent applications received and decided, since the foreshore function transferred to my Department in January 2010, are set out in the following table.
|
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
|
|
New applications received |
60 |
50 |
33 |
25 |
39 |
46 |
|
Cases decided by Minister |
31 |
35 |
28 |
25 |
34 |
24 |
The following table outlines the current position for 289 foreshore consent applications currently on hand.
|
CSSO1 |
On Hold / Dormant2 |
Live3 |
ORE4 |
|
|
Number of Cases |
135 |
63 |
77 |
14 |
Footnotes:
1. 135 applications have received Ministerial approval in principle and are with the Chief State Solicitor’s Office for finalisation of the relevant legal documentation.
2. Some 63 applications have been progressed administratively as far as possible and require either further information from the applicant or resolution of issues beyond the direct control of my Department.
3. 77 live applications are at varying stages of processing and have yet to be brought to Ministerial determination.
4. There are 14 lease applications on hand for offshore renewable energy projects. These are currently under review in light of the Offshore Renewable Energy Development Plan.
The introduction by my Department of a mandatory pre-application consultation process has greatly improved the quality of applications in recent times and resulted in greater understanding by applicants of their obligations when applying for consent. The prioritisation of applications, based on a scheme of priorities and active case management through all stages of the process, has led to efficiencies in processing applications. In addition, my Department has established robust standard operating procedures, developed an IT system to support the application process, and has enhanced the staff training available.
The foregoing measures ensure that the foreshore consent process is as efficient as possible, whilst also fulfilling all EU and national legislative requirements.
In the Autumn I intend to publish the Maritime Area and Foreshore (Amendment) Bill which will further streamline the consent process. When enacted, the Bill will provide that development consent and environmental assessment of offshore projects will be carried out once within the planning system. It will remove the duplication that currently exists whereby environmental assessment of projects is carried out both in the planning and foreshore consent systems, although the Ministerial responsibility under the Foreshore Act for the property conveyancing aspect of transactions will be retained.
