Trevor Sargent (Dublin North, Green Party)
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Question 1000: To ask the Minister for Communications, Marine and Natural Resources the activities licensed by his Department since the introduction of S.I. No. 378 of 2005 bringing the Fisheries Acts under the European Communities (Natural Habitats) Regulations; and the assessments undertaken as a result of this legislation. [2122/07]

John Browne (Wexford, Fianna Fail)
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The Department has responsibility for the licensing of aquaculture activities in accordance with the terms of the Fisheries (Amendment) Act, 1997 as amended. Aquaculture licences have continued to be granted and renewed since the introduction of the Statutory Instrument referred to by the Deputy.

The Department of the Environment, Heritage and Local Government is a statutory consultee in relation to all applications for an aquaculture licence under the Fisheries (Amendment) Act, 1997. That Department considers all such applications from an archaeological and nature conservation perspective taking into account the proximity of the proposed aquaculture operation to an area designated, or a candidate area for designation, under the EU Habitats Directive.

All applicants for fish breeding installations with a proposed output in excess of 100 tonnes per annum or 1 million smolts and all seawater salmon farming proposals, irrespective of production limit, are required to prepare an environmental impact statement and an environmental impact assessment must also be carried out. In addition to fulfilling the requirements of the EU EIA Directive, any statement must also encompass the requirements of the EU Habitats Directive where the location of the proposed aquaculture operation lies within a Natura 2000 Site or a candidate area for designation. Applicants for land based aquaculture licences are also required to obtain planning permission from the relevant local authority in the first instance. In the case of applications for shellfish aquaculture licences, where a potential impact on a Natura 2000 site or a candidate site is identified, the Department engages the Marine Institute to carry out an assessment of the potential impact on the site in accordance with Article 6 of the EU Habitats Directive.

In addition the Department has established a Working Group to develop a methodology that can be used to assess at the outset those shellfish aquaculture licence applications that may have a potentially significant impact on a designated Natura 2000 site or a candidate site and may therefore require further detailed assessment. This Working Group comprises officials from this Department, the Department of the Environment, Heritage and Local Government and relevant State agencies.

Trevor Sargent (Dublin North, Green Party)
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Question 1001: To ask the Minister for Communications, Marine and Natural Resources the activities licensed by his Department since the introduction of S.I. No. 378 of 2005 bringing the Gas Acts under the European Communities (Natural Habitats) Regulations; and the assessments undertaken as a result of this legislation. [2123/07]

Noel Dempsey (Meath, Fianna Fail)
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I can confirm that my Department licensed no petroleum production activities under the Gas Act 1976 as amended since the introductions of SI No 378 of 2005. I would advise the Deputy that I have no statutory function with regard to the licensing of downstream gas pipelines (i.e. pipelines used for the transmission of processed gas). Responsibility for such licences was transferred to the Commission for Energy Regulation under the Gas (Interim)(Regulation) Act 2002.

Trevor Sargent (Dublin North, Green Party)
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Question 1002: To ask the Minister for Communications, Marine and Natural Resources the activities licensed by his Department since the introduction of S.I. No. 378 of 2005 bringing the Foreshore Acts under the European Communities (Natural Habitats) Regulations; and the assessments undertaken as a result of this legislation. [2124/07]

John Browne (Wexford, Fianna Fail)
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The Department has responsibility for the granting of licences and leases in relation to activities on the Foreshore. Leases and licences have continued to be granted since the introduction of the Statutory Instrument referred to by the Deputy. Leases and licences are granted, as appropriate, for a wide variety of structures and activities on or uses of the foreshore.

The Department of the Environment, Heritage and Local Government is consulted in relation to all applications for foreshore leases and licences. That Department considers all such applications from, inter alia, an archaeological and nature conservation perspective taking into account the proximity of the proposed aquaculture operation to an area designated, or a candidate area for designation, under the EU Habitats Directive.

Applications for development on the foreshore, not being exempted development, also require planning permission where the proposed development adjoins the functional area of a planning authority or any reclaimed land adjoining such functional area. Applications in respect of proposed projects which require an Environmental Impact Statement are also examined by the Marine Licence Vetting Committee (MLVC). The MLVC is a body of technical, scientific, marine, safety and engineering experts which advises the Minister regarding the appropriateness of issuing a lease or licence in respect of cases referred to it.

Trevor Sargent (Dublin North, Green Party)
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Question 1003: To ask the Minister for Communications, Marine and Natural Resources the activities licensed by his Department since the introduction of S.I. No. 378 of 2005 bringing the Dumping at Sea Act 1996 under the European Communities (Natural Habitats) Regulations; and the assessments undertaken as a result of this legislation. [2125/07]

John Browne (Wexford, Fianna Fail)
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The Department has responsibility for the granting of Dumping at Sea Permits in accordance with the terms of the Dumping at Sea Act 1996, as amended by the Dumping at Sea Act 2004. Dumping at Sea permits have continued to be granted and renewed since the introduction of the Statutory Instrument referred to by the Deputy. The issue of dumping at sea permits is now largely confined to the disposal of dredged spoil. The Department of the Environment, Heritage and Local Government is a statutory consultee in relation to all applications for Dumping at Sea Permits. That Department considers all such applications from an archaeological and nature conservation perspective taking into account the proximity of the proposed aquaculture operation to an area designated, or a candidate area for designation, under the EU Habitats Directive.

All applications for permits are subject to a rigorous assessment of their possible effects on the environment. Applicants are routinely required to submit detailed sediment analyses of the material proposed for dumping, and to prepare impact hypotheses and any other assessments considered necessary having regard to the nature and location of the proposed dumping.

All applications for a Dumping at Sea permits are referred to the Marine Licence Vetting Committee for evaluation. The MLVC is a body of technical, scientific, marine, safety and engineering experts which advises the Minister regarding the appropriateness of issuing a permit in respect of cases referred to it. The Committee's evaluation takes account, inter alia, of all relevant environmental considerations and issues, including the requirements of the EU Habitats Directive and the Regulations referred to by the Deputy, as appropriate. The conditions and requirements attached to a permit would, as necessary, require further monitoring, or specify the times at which, or the manner in which, dredging or dumping may take place.

Trevor Sargent (Dublin North, Green Party)
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Question 1004: To ask the Minister for Communications, Marine and Natural Resources the activities licensed by his Department since the introduction of S.I. No. 378 of 2005 bringing the Minerals Development Act 1999 under the European Communities (Natural Habitats) Regulations; and the assessments undertaken as a result of this legislation. [2127/07]

Noel Dempsey (Meath, Fianna Fail)
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The Minerals Development Act 1999 makes no provision for licensing of any activities to which the European Communities (Natural Habitats) Regulations would apply, and there is no reference to that Act in SI No. 378 of 2005.

No State Mining Facilities (Leases or Licences) have been issued over areas which include sites specified in the European Communities (Natural Habitats) Regulations (i.e. Special Areas of Conservation or SACs). At present, minerals exploration is carried out under about 280 Prospecting Licences issued under the Minerals Development Act 1940. Of these, about 50% contain, in whole or in part, either SACs or Special Protection Areas (SPAs) designated under the Birds Directive.

Applicants are advised of the existence of any SACs or SPAs in a Prospecting Licence area before it is granted and may not undertake any restricted activity in such an area without the written permission of my Department. Any such permission will only be given following consultation with the National Parks & Wildlife Service (NPWS) and will be subject to any conditions recommended by the NPWS in order to ensure that there is no adverse impact on the habitat in question.

Trevor Sargent (Dublin North, Green Party)
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Question 1005: To ask the Minister for Communications, Marine and Natural Resources the activities licensed by his Department since the introduction of S.I. No. 378 of 2005 bringing the Petroleum and Other Minerals Development Act 1960 under the European Communities (Natural Habitats) Regulations; and the assessments undertaken as a result of this legislation. [2128/07]

Noel Dempsey (Meath, Fianna Fail)
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S.I. 378 of 2005 is concerned with the conservation status of natural habitats and species referred to in Article 2 of the Habitats Directive with particular regard to areas of priority habitat types and priority species — also known as European sites. The following table provides details of the activities that have been carried out since 2005 under authorisations issued by my Department pursuant to the Petroleum and Other Minerals Development Act 1960, relating to exploration for hydrocarbons. None of these activities took place within areas of priority habitats types or priority species.

In keeping with best practice my Department carried out a Strategic Environmental Assessment (SEA) over the Slyne, Erris and Donegal Basin in conjunction with the licensing round held in that area in 2006. The SEA informed the conditions attached to the licences awarded. This year a licensing round will be held over the Porcupine Basin and an SEA will be carried out in advance of that licensing round. My Department is at present conducting a public procurement process to engage consultants to carry out the SEA.