Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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77. To ask the Minister for Communications, Climate Action and Environment if he is considering a request by a company (details supplied); and the legal basis to transfer from Foreshore Act 1933 to the Maritime Area Consent Regime; and if he will make a statement on the matter. [38320/22]

Eamon Ryan (Dublin Bay South, Green Party)
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The Maritime Area Planning Act 2021 (‘the Act’) was enacted on the 23rd of December 2021, establishing the legal framework for a new planning system for the maritime area. One of the main features of the Act is the creation of a new State consent, the Maritime Area Consent, as a first step in new and streamlined planning process. To enable achievement of Ireland’s 2030 targets, a pathway was provided for in the Act to permit a select number of projects which had advanced under the existing Foreshore regime, to transition to the new regime once established.

The Transition Protocol, as set out in the General Scheme of the then Marine Planning and Development Management (MPDM) Bill gave guidance regarding the treatment of certain offshore wind projects in the context of the anticipated progression of the Maritime Area Planning (MAP) Bill. These ‘Relevant Projects’ either applied for or were granted a lease under the Foreshore Act 1933, or were eligible to be processed to receive a valid grid connection offer in December 2019.

The Protocol allowed these projects to continue to progress a number of project elements, so that they could be in a position to apply under the new marine planning regime once the legislation was enacted.

Under the special transition provisions in the Act, the Minister for the Environment, Climate Communications has the responsibility for assessing and granting Maritime Area Consents (MACs) for this first batch of offshore projects. These ‘Relevant Projects’ are the projects which satisfy the definition of “relevant maritime usage” under the legislation.

Earlier this year, the developer referred to in the question wrote to the two relevant Ministers advising of their intention to apply for a Maritime Area Consent and no longer progress their application under the Foreshore Act, given the energy project satisfies the definition of relevant maritime usage under Section 100 of the MAP Act. The project is now being progressed by the developer under the MAC regime.