A foreshore licence issued under section 3 the Foreshore Act 1933, as amended, is generally granted for short-term, temporary activities which do not require exclusive occupation of the Foreshore. Activities which are the subject of a foreshore licence application generally relate to site investigations, dredging and sporting events or developments such as pipes and cables. Where exclusive use of the foreshore is required for a proposed development a foreshore lease is the appropriate consent under section 2 of the Foreshore Act 1933, as amended. A foreshore licence granted to a developer for the purposes of conducting site investigation activities to inform the proposed development of an offshore windfarm farm does not permit a developer to construct an offshore wind farm. The benefit of such a licence is personal to the licensee and not assignable and the rights given thereunder may one be exercised by the licensee within the conditions of the license itself.
Details of the applications and determinations made in respect of foreshore licenses, including those linked to "relevant projects" or Phase 1 offshore renewable energy projects which qualify to make an application to the Minister for Environment, Climate and Communications for a Maritime Area Consent as part of the transition provisions in the Maritime Area Planning ACT 2001 (MAP Act 2021), can be viewed on my Department's website www.housing.gov.ie Details of historic licences issued for site investigation activities are not readily available as these were granted when the foreshore consenting function came under a different Department and records from this time generally exist in hard copy format only.
Under the MAP Act 2021 a new development management system for the maritime area has been introduced to replace the current regime as operated under the Foreshore Acts. This new marine planning system will incorporate consenting for the occupation of the maritime area (Maritime Area Consents) by a new agency, the Maritime Area Regulatory Authority, and a new planning consenting regime, to be implemented by coastal local authorities and An Bord Pleanála.
