Written answers

Wednesday, 31 October 2007

Department of Agriculture, Marine and Food

Foreshore Licences

9:00 pm

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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Question 367: To ask the Minister for Agriculture, Fisheries and Food if she is required to provide Ministerial consent under Section 10(1) of the Foreshore Act 1933 for a marina development. [26477/07]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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In accordance with the Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 responsibility for the Foreshore Acts 1933 to 2005 and the associated functions has been transferred to my Department. However, it should be noted that some of the foreshore functions being transferred to my Department are being transferred only pending their further transfer to the Minister for Department of Environment, Heritage and Local Government.

The Government decided on 2 October 2007 that responsibility for foreshore licensing functions under the Foreshore Act 1933 in respect of port companies and harbour authorities governed by the Harbours Acts 1946, 1996 and 2000 and any other harbour or harbour related developments intended for commercial trade, and for all energy developments (including oil, gas, wave, wind and tidal energy) and aggregate and mineral extraction developments on the foreshore would transfer to the Department of the Environment, Heritage and Local Government.

My Department is currently putting in place the necessary arrangements to ensure the efficient and effective transfer of the appropriate legislation and associated functions. When the order transferring those functions appropriate to the Department of Environment, Heritage and Local Government comes into effect, as set out in paragraph 3 above, my Department will process the Foreshore License\Lease application for the Marina development unless it is located within an area governed by port companies and harbour authorities specified in the Harbours Acts 1946, 1996 and 2000, in which case the Department of Environment, Heritage and Local Government will process the application.

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