Written answers

Wednesday, 2 April 2008

Department of Agriculture and Food

Foreshore Licences

9:00 pm

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Question 619: To ask the Minister for Agriculture, Fisheries and Food the number of wind turbines licensed to be developed off the coast of County Wicklow; and if she will make a statement on the matter. [11944/08]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Regulation of developments and activities on the foreshore, which is defined as the area of seabed between the mean high watermark and the 12 nautical mile limit (22.2 km) is subject to the Foreshore Act 1933. The Government decided on 2 October 2007 that responsibility for foreshore licensing functions under the Foreshore Act 1933 for all energy 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.

The authorisation of offshore energy projects under the Foreshore Act is dealt with in two distinct phases.

Firstly an application must be made for a foreshore licence for a defined area of the seabed in which to explore the viability and environmental sustainability of the development.

Secondly, where the site proves suitable, an application may be made within a defined time period for a foreshore lease. The lease application process evaluates the project and its impacts in detail using specialist advisors and extensive direct and public consultation. If it is deemed that the project should proceed, a lease agreement is made to allow the use of the foreshore for the project, subject to various conditions, including an annual consideration for rental of the site.

In relation to the Co. Wicklow coast two leases have been granted:

(i) In January 2002 a lease was granted to Sure Partners Ltd for the construction of a 200 turbine wind farm on the Arklow Banks.

(ii) In November 2005, a lease was granted to Codling Wind Park Ltd for the construction of 220 wind turbines on the Codling Bank.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 620: To ask the Minister for Agriculture, Fisheries and Food if she is satisfied that the Foreshore Act 1933 is an adequate legal framework for allowing appropriate public participation in the scrutiny of applications for development on the foreshore, particularly in cases where the part of the foreshore in question is not in public ownership; and her views on reforming this 75-year old legislation. [12071/08]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The current foreshore public consultation process requires that notices are published in local and national newspapers informing the public that an application has been made for a foreshore licence or lease, and that the application is available in a publicly accessible place (e.g. Garda station or library). The period in which the public may submit comments on the application ranges from three weeks to two months depending on the complexity of the application concerned. Consent under section 10 of the Foreshore Act 1933 is required for development on privately owned foreshore and is also subject to the public consultation process.

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.

The Department of the Environment, Heritage and Local Government will clearly assume a critical role in future 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.

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