Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I will address amendments Nos. 45 to 48, inclusive. These amendments to the Bill are intended to amend the Foreshore Act 1933 in order to ensure there is no doubt over the definition of the foreshore and that the Act can operate as it always has. This includes requiring a foreshore licence for the lawful undertaking of geophysical and geotechnical surveying. Many licences have been applied for, assessed and consented on that basis in recent years. The existing consent process includes assessments required under the birds and habitats directive and the EIA directive where required. Similarly, a proponent of any activity that may have the potential to cause disturbance of species listed in annexe 4 to the habitats directive, including marine mammals, is required to apply to the NPWS for a derogation order under regulation 54 of the birds and habitats regulations in order to allow for that disturbance to take place, usually under certain conditions. I am confident that this Bill allows the State to regulate the use of the foreshore, including developer activities identified by the Deputies in their proposed amendments, meet its obligations in respect of a range of directives for the protection of the marine area and provide a streamlined and transparent consenting process. There is no intention on either my part or the part of the Department to introduce any new regulatory or consenting requirements within the foreshore consenting system, including in respect of the airspace above the water, that did not exist until doubt was cast over the definition earlier this year. I am satisfied that the licences granted in accordance with section 3 of the foreshore Act do not create an estate in property. The licence that is granted following a robust assessment is a limited permission for certain activities subject to a range of conditions specified therein. It does not confer any rights or interest in the foreshore or any part thereof to the holder of the licence.

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