Dáil Éireann Debate, Tuesday - 24 July 2018
2659. Deputy Billy Kelleher asked the Minister for Housing, Planning and Local Government the way in which a large licence for mechanical harvesting of kelp can be issued without an environmental impact assessment in regard to Bantry Bay; if it is a requirement of the terms of licence; the reason there were no public consultation meetings held; and if he will make a statement on the matter. [33379/18]
Amharc ar fhreagraThe Environmental Impact Assessment (EIA) Directive applies to a wide range of public and private projects. It is a mandatory requirement for project types listed in Annex I of the Directive, e.g., the construction of motorways and airports or the construction of installations for the disposal of hazardous waste. For project types listed in Annex II, it is up to the consenting authority to determine if an EIA is required by carrying out EIA screening based on criteria set out in the Directive. Examples of Annex II projects include intensive fish farming, reclamation of land from the sea, extractive mining, fossil fuel storage or metal processing. An EIA may also be required where the thresholds set out in the Directive are not met (sub-threshold EIA) or where the project or activity is proposed to be carried out in a Natura 2000 site.
If the consenting authority determines that the EIA Directive applies to a project, it requires that an applicant must prepare and submit an Environmental Impact Statement (EIS), following which, the consent authority would carry out an EIA. In the particular case referred to, the proposed project was not within a Natura 2000 site, it was not of a class set out in Annex I of the Directive and it did not fall within Annex II. An EIS was not required and while it was open to the Minister at the time to carry out an EIA, this was not considered necessary.
Normal public consultation procedures were followed in this case, with the application being advertised in a local newspaper (The Southern Star) and it was also made available for inspection at a local Garda Station (Bantry) for a period of 21 days. No submissions were received from members of the public during the consultation period.
In line with usual procedures, the application was also circulated to various bodies for their views and input. Submissions were received from the National Parks and Wildlife Service and the Underwater Archaeology Unit of the then Department of Arts, Heritage and the Gaeltacht, the Marine Survey Office, the Sea Fisheries Protection Authority, the Eastern Regional Fisheries Board, the Central Fisheries Board and the Marine Institute. The Marine Licence Vetting Committee considered all material pertaining to the application and concluded that subject to compliance with specific conditions, the proposed harvesting was not likely to have a significant negative impact on the marine environment.
All details of the application and determination are available on my Department’s website at www.housing.gov.ie/planning/foreshore/applications/bioatlantis-ltd.
