Environment Committee publishes report on General Scheme of the Maritime and Foreshore (Amendment) Bill 2013

The Committee also recommended that the Bill should provide more specific and quantifiable definitions of key terms such as ‘small scale’, ‘large scale’ and ‘strategic infrastructure’ in the legislation, adding that this will remove the possibility of ambiguity or misinterpretation.

Among the Committee’s other recommendations are:

· Ensure a significant level of interaction and cooperation between all stakeholders, particularly An Bord Pleanála, local authorities and other public bodies, to provide and coordinate the relevant expertise required to administer the new maritime development consent regime;

· Specify a regime for knowledge sharing and professional training in the legislation;

· Ensure the provision of a clear and accessible development consent process to minimise duplication and confusion, to maximise stakeholder and public engagement and to ensure that the development potential of the maritime sector is fully realised – the  publication of a one-stop shop single guidance rulebook / handbook should be seen as a key element in this regard and should be considered a priority, in the short term;

· Ensure the achievement of a balance between promoting the proposed Maritime Area as a resource for development, and ensuring that companies who receive a maritime option have relevant and sufficient technical expertise to follow through on their proposal – the possession of appropriate technical expertise should be a primary condition for the issuance of a maritime option rather than appear as a secondary determinant as could be interpreted under Head 15;

· As treatment of developments on privately owned areas of the foreshore is not proposed to change under this Bill (consent authority to remain with the Minister concerned) consider, as a matter of urgency and prior to the enactment of this Bill, mapping and quantifying these areas through a national survey which can then be utilised as a resource for future planning in key areas including development and conservation;

· Clarify appeals procedures, in particular in relation to adherence to the Aarhus Convention, in order to allay stakeholder concerns in this area;

· Provide greater clarity on the proposed enforcement procedures and the respective roles of local authorities and the Environmental Protection Authority in administering these procedures;

· Clarify and develop the public consultation and engagement process, particularly the proposed timeframe for public consultation – although a 6-week consultation period is envisaged for applications to An Bord Pleanála (Head 3, Section 37E), submissions to the Joint Committee suggested that a link should be made between the consultation period and the scale and impact (social, environmental and economic) of the proposed development;

· Develop a maritime spatial plan incorporating an integrated coastal zone management scheme that will complement the consent regime proposed in this General Scheme and consider a higher prioritisation than the ‘medium term’ timeframe (6 to 10 years) currently envisaged) – in the interim, draft a high-level policy statement which will define the scope of such a plan;

· Reconsider the lack of change to the current consent process for aquaculture and fisheries in line with the Bill’s stated aim to modernise the existing consent systems, providing for a more streamlined development consent process.

Michael McCarthy, Cathaoirleach of the Oireachtas Joint Committee on Environment, Culture and the Gaeltacht, said: “The overall aim of the Bill is to streamline the development consent process in the maritime area with the planning process for on-land developments and to enable better management of our maritime environment in a sustainable manner and deliver economic and environmental benefits

Following the publication of the General Scheme, the Minister asked the Joint Committee on Environment, Culture and the Gaeltacht to review and consider the General Scheme, and submit a report to the Government.  Accordingly, the Joint Committee hosted public hearings with stakeholders on 12 and 19 November 2013.

This Report sets in context some of the points made in stakeholder submissions and presentations during the Committee’s public Hearings on this issue. It also outlines the legislative process within which the General Scheme of the Bill sits. This Report does not examine every outline Head in respect of the Bill.  Instead, the Joint Committee has sought to identify the most pertinent themes within the General Scheme and to focus on these. The Report is intended to give a holistic perspective on the overall context and on the range of views which have been expressed to the Joint Committee in relation to these themes.”

Read the report here:http://bit.ly/1g4o76O

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Membership of the Joint Committee on Environment, Culture and the Gaeltacht

Deputies: James Bannon TD (Fine Gael); Paudie Coffey TD (Fine Gael); Noel Coonan (Fine Gael) Leas-Chathaoirleach; Marcella Corcoran Kennedy TD (Fine Gael); Barry Cowen (Fianna Fáil); Luke Flanagan TD (Independent); Kevin Humphreys TD (Labour); Michael McCarthy TD (Labour) Cathaoirleach; Tony Mc Loughlin TD (Fine Gael); Michelle Mulherin TD (Fine Gael); Catherine Murphy TD (Independent); Gerald Nash TD (Labour); Seán Ó Fearghaíl TD;  Brian Stanley TD (Sinn Féin); Peadar Tóibín (Sinn Féin).

Senators: Senator Cáit Keane (Fine Gael) Senator Denis Landy (Labour); An Seanadóir Fiach Mac Conghail (Neamhspleách); Senator Hildegarde Naughton (Fine Gael); An Seanadóir Labhrás Ó Murchú (Fianna Fáil); Senator Ned O’Sullivan (Fianna Fáil).