5.2 Environmental issues

5. Environmental and Foreshore Issues

5.1 Introduction Ports operate in a unique environment, located at the interface of land and water. All Irish ports are located in estuaries or coastal zones, which are recognised as “amongst the most dynamic and complex ecosystems in the world” (Commission of the European Communities, 2011a). Environmental legislation in recent years has sought to strengthen the protection of such ecosystems. Development within such sensitive areas is subject to stringent oversight at both a national and European level.

The policy review consultation document listed the most important pieces of applicable European environmental legislation. Recently enacted amendments to the Planning and Development Acts have addressed shortcomings in the previous legislative framework that were identified by the Court of Justice of the European Union. The overarching principle behind these legislative measures is economic development that complies with the requirements of national and European law for the protection of the environment.

It is recognised at European level that uncertainties exist with regard to the interpretation and application of the Birds and Habitats Directives in respect of port development. In January 2011, the European Commission published its guidelines, The Implementation of the Birds and Habitats Directives in Estuaries and Coastal Zones.

These guidelines provide all stakeholders with greater clarity on the interplay between European environmental legislation and proposed port development projects. The overarching themes emerging from the guidelines are the need for early and meaningful stakeholder consultation and the importance of an integrated approach toward port planning and environmental protection. These guidelines are a useful aid to stakeholders in both their interpretation and implementation of the relevant legislation. However, the Department sees additional merit in seeking to initiate a national, port sector-specific engagement between relevant stakeholders, so that the European perspective is given national relevance.

In addition to their obligations under environmental legislation, ports are subject to the consent processes under the Foreshore Acts. These Acts regulate activity carried out on foreshore and encompass a broad range of activities inherent in any commercial port’s business.

5.2 Environmental issues

The planning and development of maritime transport infrastructure is unique in a number of ways. The most obvious is the fact that such infrastructure involves developments both on the land and on the foreshore. Also, most Irish ports have estuarial locations and tend to be either in or adjacent to protected natural habitats. This makes the planning and development of port infrastructure particularly complex.