Oireachtas Joint and Select Committees

Tuesday, 7 February 2017

Joint Oireachtas Committee on Agriculture, Food and the Marine

Aquaculture Licensing: Discussion

4:00 pm

Mr. John Quinlan:

Dr. Beamish is quite right. The process is so lengthy that the application can change slightly through the process. It can be reduced, but it will not be expanded. Under the legislation it can be reduced. As a result of the statutory consultation process or the public consultation process. mitigation measures could be put in which would substantially change the nature of an application. For that reason, there would be very few refusals by the time they reach that stage. It could be on environmental grounds but there can be other important reasons for refusing. They can include navigation issues in the area in question or other public policy areas such as outstanding fees in a renewal application or company law issues relating to the establishment of the legal entity that is applying. There can be multiple reasons beyond the environmental concerns. The licensing process is hugely driven by environmental concerns because of the protection of the foreshore, but many other serious public interest concerns are comprehended by the licensing process. It is correct that the refusal could be due to environmental concerns but, in practice, it could be for some other reason as well, such as fees, navigation issues, sites being outside licensed areas and a multiple of business related issues where the Department would seek to make a negative recommendation to the Minister. In practice, as we approach a negative recommendation, an applicant will largely comply with what the Department wishes so it is ironed out strictly in accordance with the legislation and we are in a position to make a positive recommendation, but perhaps not for everything the applicant wants.

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