Alice-Mary Higgins (Independent) | Oireachtas source

I wish to speak to amendment No. 55, which is in the same grouping. My amendment No. 55 has a similar purpose to amendment No. 54. It seeks to insert a new section into the Bill, notwithstanding anything in the definition of the foreshore in section 1, and the powers of the Minister to grant a licence under section 3. This is without prejudice to the view that the Bill already provides an obligation to secure a foreshore licence in order to conduct geophysical or geotechnical surveys in the subsoil or water column. This might address the issues that were raised earlier. The amendment seeks to insert provisions to ensure compliance with the State’s obligations with the duty to provide for strict protections of species as listed in Annex IVA, in the Council directives, and assessments and protection. Under the habitats and water and birds directives, it would effectively ensure that there would be clarification.We were told the purpose of the section was to clarify that the column of water above the foreshore would be included in the foreshore licence. I am concerned that there now seems to be a different purpose, which relates to the depth of a foreshore licence. However, we were told the purpose was to clarify that the column of water would be included. Even though the view was that this was already the case and the section was a clarifying piece, I wish to similarly clarify that if the column of water is included, all the useful and relevant obligations in respect of the birds, habitats and water directives be reflected also.

In fact, there is a need for very specific regulations on geophysical surveys. If we are clarifying that the column of water is included, then the conditions and regulations attached to the issuing of a foreshore licence should also address matters pertaining to the column of water, specifically the use of surveys that use acoustic survey equipment, and the use of such equipment around geotechnical surveys, including for scientific studies. There should be a requirement for derogation under Article 54 of the EU birds directive regulations in the granting of such a foreshore licence. In effect, if we include that column of water, we need to make sure that we are regulating for sonar, survey and seismic activity in that area. This is very relevant because we are aware, as is the Minister of State, of the very significant implications of how and when surveys are done in terms of their impact on cetaceans and marine life. Again, this might be as simple as providing regulations that specify certain months within the year that are part of the migration period during which certain kinds of activities would not happen. It is not to say that nothing happens but that it is a matter that should be specifically regulated. If the column of water is included, regulations for how that column of water is treated need to be included.