Catherine Connolly (Galway West, Independent)
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489. To ask the Minister for Arts, Heritage and the Gaeltacht if she is satisfied that the response of the Heritage Council, when officially consulted regarding a foreshore lease application (details supplied) to construct an offshore electricity generation station on Galway Bay, meets her Department's statutory obligations, in view of the project's nature, size and location amid the sensitive and protected landscapes and seascapes of Connemara and the Burren; and if she will make a statement on the matter. [9566/17]

Catherine Connolly (Galway West, Independent)
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490. To ask the Minister for Arts, Heritage and the Gaeltacht if she is satisfied that the response given by the National Parks and Wildlife Service's development applications unit, when consulted regarding a foreshore lease application (details supplied) to construct an offshore electricity generation station on Galway Bay, meets her Department's statutory obligations, in view of the project's nature, size and location; and if she will make a statement on the matter. [9567/17]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 489 and 490 together.

It is my understanding that under the Foreshore Act, 1933, a decision in relation to the lease of foreshore in this instance is a matter for the Minister for Housing, Planning, Community and Local Government.

In accordance with Regulation 27 of the European Communities (Birds and Natural Habitats) Regulations 2011 (2011 Regulations) it is a matter for that Minister to exercise his functions in compliance with the requirements of the Habitats Directive, the Birds Directive and the 2011 Regulations. The regulations make it clear that the Minister for Arts, Heritage, Regional, Rural and Gaeltacht affairs shall not undertake the responsibilities of other public authorities, including Ministers, in this regard.

My Department through its National Parks and Wildlife Service provided observations on the application, and I am satisfied that they were appropriate.

My Department noted that the construction and operation of the renewable energy test site is unlikely to have a negative interaction with Natura 2000 nature conservation sites due to the nature and location of the works, butset out a number of mitigation measures that should be required to avoid any negative interaction with protected marine mammals, including provision for further consideration of devices which might be deployed in the future.

The Heritage Council is an independent organisation set up under the Heritage Act 1995 under the aegis of my Department and is separately a statutory consultee to the planning process as a prescribed body under the Planning and Development Acts 2000, as amended. Observations made by the Heritage Council in this regard are primarily a matter for Council.