Written answers

Tuesday, 19 February 2008

Department of Agriculture and Food

Foreshore Licences

9:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 477: To ask the Minister for Agriculture, Fisheries and Food if it is planned to streamline the procedure for applying for a foreshore licence and to ensure that applications are dealt with in a reasonable timeframe; and if she will make a statement on the matter. [6799/08]

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 478: To ask the Minister for Agriculture, Fisheries and Food if it is planned to amend the Foreshore Acts 1933 to 2003; if all stakeholders will have an opportunity to make proposals on proposed amendments; and if she will make a statement on the matter. [6800/08]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 477 and 478 together.

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. In the interim, all foreshore functions under the Foreshore Acts 1933 to 2005 rest with my Department. My Department will carry forward responsibility for all other foreshore licensing functions under the Foreshore Act 1933, including in respect of all aquaculture developments and piers and harbours, other than 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.

The Statement of Strategy 2005-2007 of the former Department of Communications, Marine and Natural Resources indicated that procedures would be developed for enhanced coordination and cooperation between the wide range of public bodies responsible for management of the coastal zone. This was in response to the increasing demands and pressures on coastal areas and their resources.

A consolidation and streamlining of the Foreshore Acts has also been proposed. This is intended to provide a modern, effective and integrated legal framework for the management of the State's foreshore estate in the future. Preparation of these proposals is intended to take account, among other things, of the principles in the EU Recommendation on Integrated Coastal Zone Management, the outcome of the EU Maritime Green Paper and the EU Marine Strategy Directive.

The Department of the Environment, Heritage and Local Government will clearly assume a critical role in these proposals. My Department will continue to work closely with the Department of the Environment, Heritage and Local Government in the context of progressing the various elements required to develop the appropriate coastal zone legislative framework. Any such consolidation and streamlining of the Foreshore Acts will be subject to a full Regulatory Impact Analysis (RIA).

Regulatory Impact Analysis is a tool used to assess the likely effects of a proposed new regulation or regulatory change. It involves a detailed analysis to ascertain whether or not the new regulation would have the desired impact. It helps to identify any possible side effects or hidden costs associated with regulation and to quantify the likely costs of compliance on the individual citizen or business. As part of the RIA process of assessing the impacts, all stakeholders will have the opportunity to submit a response. These submissions will form part of the RIA, which will be a public document.

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