Mr. Conor McCabe:

I thank the Chairman and members for inviting the Department to meet with the committee to discuss the marine planning and development management Bill.

I am the principal officer in the Department's marine planning policy and legislation unit. I am accompanied by Mr. Bernard Nolan, assistant principal and, by video link, Mr. Tom Woolley, marine planning adviser, both of whom are also members of the unit.

In order to support a marine that Ireland can use, enjoy and benefit from socially, environmentally and economically, the Government is putting in place a comprehensive new approach which will result in the biggest reform of marine governance in a century. Two key work programmes for which my unit has responsibility are the national marine planning framework, NMPF, which sets out overarching and sectoral planning policies to shape marine development and activities to 2040, and the proposed marine planning and management Bill, which underpins the new planning system. As the Bill is a key enabler of Ireland’s decarbonisation goals, the programme for Government has committed to prioritising the passage of this balanced and Aarhus-compliant Bill through the Oireachtas by April.

The maritime area comprises approximately 490,000 sq. km and extends eastward in excess of 200 nautical miles in parts. This area is seven times our land area: Ireland is 85% water. The current marine consent system only covers the foreshore area, which covers some 12 nautical miles offshore. A planning system generally comprises three main elements: forward planning, development management and enforcement. The existing system lacks coherence and consistency. There is no forward planning framework, multiple development management systems are operating independently and enforcement is fragmented. This Bill is the State’s vanguard response to the pressing need for reform of marine governance. The draft Bill gives legal underpinning to an entirely new marine planning system for a coherent, end-to-end forward planning, development management and enforcement regime.

Our marine planning system will move towards being plan-led through the NMPF. The NMPF is a parallel document to the national planning framework, NPF. Both of these spatial plans are concerned with the long-term future of our land and sea areas and with identifying opportunities for protection, growth and development so that our land and marine areas can be managed in the best interests of the public. The NPF recognises the importance of integration and co-ordination with the land planning regime at national, regional and local levels.

In future, it will be equally important in turn that national, regional and local terrestrial plans are consistent with the NMPF, and they will be required to do so under the provisions of the proposed Bill. Many activities and uses that take place on land or in the sea can have impacts on the land and the maritime area. This Bill will require that these interactions be considered. This Bill provides for strategic marine activity zones. Any Minister can bring forward zone designation proposals, subject to public participation and collective Government decision. Once approved, the zone becomes part of the NMPF. This ensures there is a joined-up approach to marine forward planning, with binding considerations for decision makers.

The proposed Bill will replace the antiquated Foreshore Act 1933 with a new maritime area consent, MAC, to manage the occupation of the maritime area. This means that a MAC will be issued by the relevant Minister. On receipt of the MAC, a developer can then, and only then, proceed to An Bord Pleanála or a local authority for planning permission as appropriate. This streamlines the application process into a two-stage procedure. This sequential regime, with clearly delineated roles for Ministers and planning authorities, streamlines the existing disjointed system and ensures a single environmental assessment. Following a recent decision by the Government, an independent enforcement body will be established to assume the marine planning enforcement role. The Department is currently reviewing advice from the Office of the Attorney General concerning the establishment of this agency and will update the Bill accordingly.

The pillars of the Aarhus Convention are the foundation on which the marine planning and development management Bill regime stands. Effective and meaningful public participation is a fundamental feature of the new regime at policy and project levels. Participation at a policy level maximises the opportunities for the public to influence how decisions are made. Pre-application requirements ensure visibility of projects and early consideration of issues by developers.

Established planning procedures provide the formal engagement opportunity in the context of comprehensive project information.

Marine planning and development management will deliver a better planned and better managed maritime area, with a co-ordinated, inclusive and coherent approach to decision-making and governance, including the long-term vision for proper management, enforcement and environmental protection of our seas. I thank the committee members for their interest, and we are happy to answer their questions.