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

Dáil Amendment No. 176 inserts a new section 239, amending section 1(e) of the Foreshore Act 1933. It is intended to provide a pathway for existing foreshore applications, received by the Minister under the Foreshore Act 1933, to move to the new regulatory system in the interests of maximising the opportunities available in the more modern consenting structures provided in the Maritime Area Planning Act 2021. Under the new provisions proposed in this amendment, the Maritime Area Regulatory Authority, MARA, may, at the request of the Minister or the applicant on its own initiative, take over a licence application made under the Foreshore Act 1933. If MARA does so, any determination that has been made regarding the application under the European Communities (Birds and Natural Habitats) Regulations 2011 can be adopted by MARA to avoid duplication of effort and delay in handling the application.

The ability to transfer applications on hand to MARA will help limit the period where a dual consenting structure remains in place and will assist in expediting the winding down of the existing foreshore consenting regime. The benefit to the applicant is that his or her existing application can be treated more expeditiously under a more modern, streamlined legislative system. An application cannot be transferred to MARA if a material change is being made to the application, as that will constitute a new application that must be made afresh. Similarly, if information provided in the application is more than two years out of date, it cannot be transferred. If MARA is unable to accept an application, it will continue to be dealt with under the existing foreshore consenting regime.