Andrew Doyle (Wicklow, Fine Gael)
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Question 523: To ask the Minister for Agriculture, Fisheries and Food the guidelines given to the marine licence vetting committee for review of offshore wind energy lease applications; the policy he is following to ensure the sustainability of the offshore wind farm development; and the rationale for determining the duration of a lease. [31912/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Applications for all offshore energy projects are assessed by my Department following consultation with the Marine Licence Vetting Committee (MLVC) as well as other statutory consultees. The MLVC comprises scientists and technical experts fully qualified to assess the application and advise the Department. The policy in considering such applications requires assessment of a number of issues including (i) the minimum distance of such developments to the shore (currently 5 km), (ii) fees and bonds to be charged at the application stage, (iii) the period of validity of foreshore consents, (iv) the timing of the consents required from other bodies such as onshore planning permission etc.

The primary concern of my Department in considering such applications is the protection and sustainable development of the foreshore. Lease conditions, including duration, are determined on a case by case basis. The Government decided on 2 October 2007 that responsibility for certain foreshore licensing functions under the Foreshore Act 1933 including in respect of all energy related developments 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.

Finian McGrath (Dublin North Central, Independent)
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Question 524: To ask the Minister for Agriculture, Fisheries and Food if he will support a matter (details supplied). [32085/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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There have been proposals to consolidate and streamline the Foreshore Act 1933 under active consideration in recent years by the former Department which had responsibility for marine functions. The proposals, which of necessity are quite complex, have been further developed since the transfer of these functions to my Department. The proposals are intended to provide a modern, effective and integrated legal framework for the management of the State's foreshore estate in the future. The proposals will 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.

Legislation will shortly be brought forward to ensure that the Foreshore Act 1933 fully complies with the Public Participation Directive 2003/35/EC (Aarhus) including the right to appeal decisions in relation to foreshore consents. 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; harbour related developments intended for commercial trade; all energy developments; 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.