Jennifer Whitmore (Wicklow, Social Democrats)
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159. To ask the Minister for Housing, Planning, and Local Government if a foreshore licence for the maintenance of Wicklow harbour has been received by his Department; if he is aware of the considerable constraints placed on the users of the harbour currently due to the extreme siltation of the harbour; if there have been recent discussions with Wicklow County Council in relation to this issue; and if he will make a statement on the matter. [5977/23]

Jennifer Whitmore (Wicklow, Social Democrats)
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160. To ask the Minister for Housing, Planning, and Local Government the process by which emergency dredging works could be undertaken in Wicklow harbour to address the immediate issues of siltation in the area; and if he will make a statement on the matter. [5978/23]

Jennifer Whitmore (Wicklow, Social Democrats)
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161. To ask the Minister for Housing, Planning, and Local Government the timeframe required for the assessment of an application for a foreshore licence currently within his Department; if he will expedite any application made with respect to Wicklow harbour maintenance; and if he will make a statement on the matter. [5979/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 159, 160 and 161 together.

My Department operates the consenting regime under the Foreshore Act 1933,as amended, managing the regulation of a range of different marine activities and infrastructural developments. The volume of applications made under the Act in recent years has grown significantly. In parallel, my Department is leading an extensive marine planning and consenting reform programme, the likes of which the State has never seen. 

The expected time for processing and determining foreshore applications can vary considerably and is influenced by the quality of the application and supporting documents received, the nature and complexity of the application, the level of public engagement during the consultation process among other matters. Each application must be assessed appropriately in accordance with the applicable requirements of domestic and EU law including the EIA Directive, Birds and Habitats Regulations and the Foreshore Act. It is anticipated that these applications will take circa 40 weeks to progress once a valid application has been confirmed. 

I can advise that the Foreshore Unit of my Department received a pre-application form from Wicklow County Council and held a pre-application non-statutory consultation meeting with representatives of the local authority on 6 of October 2022. At this engagement, Wicklow County Council were advised of the various application requirements including the environmental assessment material that is required from them in order to progress to the formal application stage. My Department does not currently have an application from the local authority in respect of this matter.  

 At that pre-application meeting with the local authority, the applicant was also advised that my Department is leading the reform of the marine planning system and the implementation of the Maritime Area Planning Act 2021. In that context, the new Maritime Area Regulatory Authority (MARA) will be responsible for consenting licences for activities such as dredging. It is anticipated that MARA will be established in March 2023 and will become operational on a phased basis. My Department is currently working through the practical arrangements for the transition from the existing foreshore application and consenting regime to the new structures. It is worth noting that when MARA and the new consenting bodies become operational with respect to certain functions, my Department will no longer be capable of accepting applications for leases and licences under the Foreshore Act 1933 but will be obliged to continue with the assessment of applications that remain on hand at that point. 

It should be noted that the Foreshore Act 1933 does not provide the statutory authority for the Minister to exempt or otherwise structure or activities that are included in the application or assessment process for example, dredging campaigns, to take account of modern methods that may be lower environmental impact etc.  Ordinarily a project of this type would take approximately 40 weeks for statutory assessment and determination. However, this is not from the date of receipt of the application but from the commencement of the statutory assessment process. The volume of applications on hand and the level of prioritisation associated with those influences the overall timeframe for the commencement and completion of the assessment process. 

My Department have recently contacted the local authority and it is understood it was confirmed the authority are continuing to prepare the application and relevant supporting documentation.