Oireachtas Joint and Select Committees

Thursday, 6 July 2023

Select Committee on Housing, Planning and Local Government

Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed)

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

To address the first point the Deputy raised, he is correct in saying the scale of the crisis we are facing requires us to act urgently but appropriately as well. I recognise the leadership shown by Sinn Féin during the vote yesterday on the nature restoration regulations. That is acknowledged. Similarly, with regard to this, the public consultation the Deputy mentioned is critically important, and all of that right the way through is significant.

The type of development that is subject to a licence under the Maritime Area Planning Act differs from the licence under the Foreshore Act. Schedule 7 of the Maritime Area Planning Act specifies that maritime usages that may be undertaken pursuant to a licence include marine environmental surveys for the purposes of scientific discovery or research, marine environmental surveys for the purpose of site investigation, installation of navigational markings, and the installation of non-permanent platforms, pontoons or slipways. A licence under the Foreshore Act is generally issued for a development that does not require exclusive occupation of the foreshore. Examples would include repair work, some coastal protection work, undersea pipelines, cables, site investigation works, dredging works and harvesting of wild seaweed. It may include development that requires an environmental impact assessment, EIA. As a result, it applied to a broader range of development than what is licensable under the Maritime Area Planning Act. A licence under the Maritime Area Planning Act cannot be granted for development or maritime usages that require an environmental impact assessment. Therefore, all maritime usages that require an EIA must apply for planning permission.

The Deputy also mentioned the upcoming legislation on marine protected areas. We have consistently stated that both are not mutually exclusive. We have put in place for the first time a planning and regulatory regime for the maritime area that is comprehensive. Similarly, with the marine protected area legislation, we are building in a robustness around marine protected areas and public consultation. They are not, effectively, lines on maps. It is an iterative process. I refer to the opportunity for this committee to discuss. We have had good feedback from it on that. We are confident the offshore ambition can be in harmony with our ambition around marine protected areas as well.

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