Written answers

Tuesday, 24 March 2015

Department of Environment, Community and Local Government

Foreshore Licence Applications

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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885. To ask the Minister for Environment, Community and Local Government the names and technical qualifications of individual technical experts who sat on the marine licence vetting committee that conducted the environmental impact assessment of the Codling Bank 1 foreshore licence, which was granted in 2005; if he is unwilling to name these persons, the reason given the existence of this committee in an administrative tribunal role similar to that of An Bord Pleanála and the Garda Síochána Ombudsman Commission whose members are known to the public; and if he will make a statement on the matter. [11523/15]

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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886. To ask the Minister for Environment, Community and Local Government if the marine licence vetting committee had the appropriate jurisdiction to approve the offshore grid elements of the Codling 1 foreshore licence application and to grant approval for same; the legislative source of any assumed powers in this regard; if he will confirm that the offshore elements of the Codling 1 project will require planning permission over and above the foreshore licence; and if he will make a statement on the matter. [11524/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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I propose to take Questions Nos. 885 and 886 together.

In accordance with section 2 of the Foreshore Act 1933 (as amended), the power to enter into a lease in respect of State-owned foreshore rests solely with the appropriate Minister as defined in law. Section 13A(2)(c) of the Foreshore Act 1933 empowers the Minister to rely on the advice of officials, consultants, experts or other advisors in making a determination on foreshore applications requiring environmental impact assessment. There are a number of statutory consultees with whom I am obliged to consult on foreshore consent applications. Among these are the public bodies that generally participate in the Marine Licence Vetting Committee (MLVC); the Marine Institute, Department of Transport, Tourism and Sport (Marine Survey Office), Department of Arts, Heritage & the Gaeltacht (Underwater Archaeology and Nature Conservation), Sea Fisheries Protection Authority and Inland Fisheries Ireland.

The MLVC is an ad hocmechanism used to bring together key stakeholders in the foreshore consent process and is not comparable to either An Bord Pleanála or the Garda Síochána Ombudsman Commission. The constitution of the MLVC, as a non-statutory committee, can change depending on the scale, location, and type of foreshore application. With regard to the expertise of the participants, it is a matter for each relevant public body to ensure that its officials are appropriately qualified and experienced. Information on the qualifications and experience of employees of other organisations is not held by my Department. Those representatives of my Department that participate in the MLVC have the appropriate professional qualifications and experience commensurate with my Department's role in foreshore consenting. The names of the individuals that participated in the MLVC as part of the consideration of the application concerned will be compiled and forwarded separately.

In 2005, when the lease for an offshore wind-farm was granted to Codling Windpark Ltd, the then Minister with responsibility was the Minister for Communications, Marine and Natural Resources. The offshore grid elements of the Codling I project, including cable routes and an offshore sub-station, were considered as part of the environmental impact assessment carried out as part of the decision-making process. The requirement for Ministerial consent to commence operations is dealt with under Section 6 of the executed lease document, where by the Minister is not obliged to grant consent pursuant to clause 6, unless and until the lessee has obtained and provided to the Minister in respect of the relevant works, activities or operations copies of all necessary consents including, the appropriate licences to generate and supply electricity. The foreshore lease explicitly prohibits any work from commencing in the leasehold area until such time as the necessary authorisations and licences are in place.

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