Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 46:

In page 10, between lines 17 and 18, to insert the following: “Provisions in respect of foreshore licensing requirements for certain surveying activities

14.The Act of 1933 is amended by the insertion of the following after section 3A:

“Obligations

3AA.Notwithstanding anything in the definition of the foreshore in section 1, and the powers of the Minister to grant a licence under section 3, and without prejudice to the view that there is already provided an obligation to secure a foreshore licence in order to conduct geophysical or geotechnical surveys in the subsoil and water column above the foreshore, to ensure compliance with the State’s obligations with the duty to—

(a) provide for assessments necessary to effectively implement a system of strict protection for species listed in Annex IVA of the Council Directive 92/43/EEC of 21 May 2002, and

(b) assessment and protections required under Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009,

the following requirements are explicitly clarified—

(i) that a foreshore licence consent shall be required in order to pursue the following activities:

(I) geophysical surveys using acoustic survey equipment or geotechnical surveys for the purposes of surveying for oil and gas or renewable energy site investigation or for related species studies;

(II) geophysical surveys using acoustic survey equipment or geotechnical surveys for the purposes of scientific studies,

and

(ii) that a derogation licence under Article 54 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) shall be required to be secured in advance of the grant of any such foreshore licence for the activities in subparagraphs (I) and (II) of paragraph (i), in respect of any breach of the protections required under Article 12 of Council Directive 92/43/EEC of 21 May 2002.”.”.

We are now in the foreshore licensing part of the Bill. As I said earlier during the Second Stage debate on the Bill, the issue of having regulation around this is very important in terms of the knock-on effects and consequences this could have if this is not properly regulated and the effects it could have in the form of potential conflicts with the habitats directive and the species and their habitats that are protected under that directive. I am very concerned about those sections of the Bill.

As for the need for the surveys to be carried out and, when it comes to our maritime environment, properly regulated, Article 12 of the habitats directive is particularly important, and I think the Bill as currently drafted, without this amendment, could be in conflict with Article 12 of the habitats directive. That should not be compromised. Ireland has already fallen foul of that directive in a previous European Court of Justice ruling. It is essential that this is taken as seriously as possible in this Bill.

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