5.3 Foreshore issues

Where applicable, this dual consent process requires separate applications to both a planning authority under the Planning and Development Acts as well as the Minister for the Environment, Community and Local Government under the Foreshore Acts. A dual consent process, relating to the one proposed development, and relying upon the same supporting documentation (e.g. technical information, environmental reports, Environmental Impact Statement, Natura Impact Statement etc.) represents a substantial duplication of effort for all parties.

Regulation 40 of the European Communities (Birds and Habitats) Regulations 2011 provide for such an engagement by allowing for administrative agreements between the Minister of Arts, Heritage and the Gaeltacht and public authorities, such as the port companies. Such an agreement could be a valuable tool in achieving clarity on the roles and responsibilities of the port companies in this important area. The Department has facilitated engagement on the matter between the Irish Ports Association and the Department of Arts, Heritage and the Gaeltacht. It is expected that this administrative agreement will be concluded during 2013.

In addition to the duplication of effort described above, the current consent processes under the Foreshore Acts do not provide for specific timelines regarding decisions or appeals, which is at variance with the consent processes provided for by the Planning and Development Acts.

5.3 Foreshore issues

The operation of the foreshore consent process is governed by the Foreshore Acts 1933 - 2012, which has not been amended or updated substantially since enactment of the original Act. Since January 2010 the Department of the Environment, Community and Local Government has had responsibility for foreshore consents at all commercial ports other than the designated fishery harbour centres.

The Department of the Environment, Community and Local Government is continuing to work on the development of new legislation that will seek to modernise the foreshore consent regime and will inter alia seek to minimise the duplication of processes as previously described. A public consultation process on possible changes has recently concluded.

The commercial ports sector and other stakeholders have consistently raised issues of concern in relation to foreshore administration. Given their location, ports rely greatly on an effective and efficient system of foreshore administration to allow for clarity in procedure and certainty in timing.

While the legislation proposed to be published during 2013 will address many of the concerns expressed by the commercial ports sector about consent issues and general administrative processes, other legacy issues may require specific engagement between the sector and the Department of the Environment, Community and Local Government.

A number of administrative improvements have been introduced in recent years to improve the consent process. Further business process improvements are planned for the period to 2014, as referred to in the recently published integrated marine plan Harnessing our Ocean Wealth, to address identified issues with the current caseload.

The Irish Ports Association has been requested to consider the issue and collectively draw up a document dealing with outstanding foreshorerelated issues, beyond the proposed legislative remit above, which may form the basis of future sectorspecific engagement with the Department of the Environment, Community and Local Government.

Additionally, both the Programme of Government and Harnessing our Ocean Wealth highlight the need for a new planning and consent architecture for development on the foreshore, if Ireland is to leverage maximum value from its marine resource.

Figure from page 48

Ports operate in a unique environment, located at the interface of land and water

Currently all development at Irish ports is subject to the provisions of the Planning and Development Acts 2000 – 2012 while any development at or below the high-water mark is also subject to the provisions of the Foreshore Acts 1933 – 2012.

section 6 Appendix I Actions and Timelines

Image Credit: Irish Maritime Development Office