The Maritime Area and Foreshore (Amendment) Bill 2013: probable implications for marine development and integrated management

Transcription

1 The Maritime Area and Foreshore (Amendment) Bill 2013: probable implications for marine development and integrated management Dr. Anne Marie O Hagan, Beaufort Research - HMRC, University College Cork.

2 INTRODUCTION AND CONTEXT

3 What is the Foreshore? Defined as: the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary Foreshore Act, 1933 Outer limit is coterminous with the seaward limit of the Territorial Seas of the State Maritime Safety Act, 2005

4 Foreshore Acts, Regulates property rights in State owned foreshore; Defines foreshore, seashore and tidal lands; Provides for the granting of: Foreshore Licences and Leases, Prohibitory Orders and Notices, Regulations, and Authorisations. Has been amended on seven occasions; Remains the single key legal instrument for managing the marine and coastal environment and development therein.

5 Who has responsibility? Minister for the Environment, Community & Local Government but Functions relating to Fishery Harbour Centres Aquaculture Sea-fish or products manufactured from sea-fish rest with the Minister for Agriculture, Fisheries and Food (now MAFM). There is an obligation for the Minister to consult with the other Minister before granting a licence or lease.

6 Background to the Bill January 2013 DECLG published A New Planning and Consent Architecture for Development in the Marine Area. March 2013 Public consultation closed. October 2013 General Scheme of the Bill published. November 2013 Oireachtas Joint Committee on the Environment hearings. February 2014 Joint Committee on the Environment Report published.

7 General Scheme Aims: 1. To align the foreshore consent process with the onshore planning system, 2. To provide a coherent mechanism to facilitate and manage development activity in Ireland s Maritime Area including Strategic Infrastructure. This is a Bill It is not yet law 70 Heads covering a multitude of topics.

8 DEFINITIONS

9 New definitions (1) Maritime Area 1. Foreshore 2. Exclusive Economic Zone 3. Designated Continental Shelf areas HWM

10 New definitions (2) Creates and defines a Nearshore area: the bed and the shore, below the line of high water of ordinary or medium tides and above the line of low water of ordinary or medium tides, of every tidal river and tidal estuary and of every channel, creek and bay of the sea and of any such river or estuary Area between HWM and LWM. Forms part of the foreshore. Not a term used in international law.

11 Planning and Development Maritime Area Intended to facilitate forward planning. Development in the EEZ and CS will require consent from An Bord Pleanála or Planning Authorities. Developments will still be subject to consents from the State in accordance with other legal requirements. Will be a single EIA. Amends Planning & Development Acts,

12 RESPONSIBILITIES

13 Consenting Authority (1) An Bord Pleanála: consenting authority for developments in the Maritime Area that are: a. Identified Strategic Infrastructure projects; b. Require an EIA or Appropriate Assessment (AA); c. Entirely or partially beyond 12M and which may/may not be connected to land by a cable; d. All developments located entirely beyond the nearshore and which may/may not be connected to land by a cable.

14 Consenting Authority (2) Planning Permission from the relevant Planning Authority will be required for: Developments entirely within the nearshore area, or Partially on land and partially within the nearshore and not Strategic Infrastructure or do not require EIA or AA. Section 225 developments will still require PP. Minister may transfer responsibility for certain minor developments beyond the nearshore area but within the foreshore.

15 CONSENTING PROCEDURE

16 Maritime Option This confers an interest in a specified part of the Maritime Area. An application for approval / permission for development shall only be deemed valid if the applicant has a maritime option. Where there is competition for space, the Minister has absolute discretion. An applicant cannot significantly alter the characteristics of a proposal once a Maritime Option has been granted when applying for development consent.

17 Current Procedure Ocean Energy Device Foreshore licence Foreshore lease Environmental Impact Assessment Appropriate Assessment Planning Permission Licence to Generate Licence to Construct Connection Offer Power Purchase Agreement DECLG DECLG DECLG Copy sent to LAs, Fáilte Ireland, An Taisce, any other Minister DECLG Adjoining Local Authority An Bord Pleanála CER CER EirGrid ESB Networks Contract between Generator and Licensed Supplier DECLG = Department of the Environment, Community & Local Government CER = Commission for Energy Regulation LA = Local Authority

18 Maritime Option Proposed Procedure Ocean Energy Device Development Consent ABP or PA Environmental Impact Assessment Appropriate Assessment An Bord Pleanála Foreshore Licence Foreshore Lease Relevant Minister Relevant Minister

19 LOCAL GOVERNMENT

20 County Development Plans Mandatory objectives to be included for development in the nearshore. Might include objectives of other Government strategies, future National Maritime Spatial Plan, promote tourism, coastal protection, flood risk, protection of the marine environment, fisheries resources etc. The part of the nearshore that each PA is obliged to include in its CDP must be indicated in a map.

21 Local Authority Regulation Responsibilities Area Mechanism Removal of beach material Seashore Prohibitory Order Removal of beach material Foreshore Prohibitory Notice Public use Foreshore Regulations Sea defence works Seashore not State-owned Authorisation Erection of structures Tidal lands not State-owned TBC Removal of dilapidated structures Removal of unlawfully erected structures Prohibition of deposit of material Prohibition of deposit of noxious articles Foreshore State and privately owned Foreshore belonging to the State Seashore or Foreshore Tidal lands or into the sea TBC TBC TBC TBC

22 INTEGRATION

23 Integrated Management

24

25

26 CONCLUSIONS

27 Issues: general Review of the legislation is to be welcomed but: Heavily focused on large-scale development Facilitate and manage. Almost entirely centred on procedural aspects of consenting. Does not provide a framework for integrated marine and coastal management. Excludes important sectors.

28 Responsibilities Jurisdiction Ownership Mapping and charting Issues: specific } Absolute discretion of Minister Enforcement and compliance Public participation Operational issues Disapplication of compensation / development levy provisions

29 Committee Input OJC identified the most pertinent themes identified during consultation process: Responsibilities, role of Minister and Maritime Option, Jurisdiction and ownership, Appeals process and Judicial Review, Enforcement, Public Participation, OREDP, MSP, Omission of Fisheries and Aquaculture, EIA and AA. Other submissions: Duplication of effort, lack of transparency and delays. 11 recommendations put forward.

30 Next steps Following the submission of the Oireachtas Joint Committee s Report to the relevant Minister, a Bill will be drafted and presented to the Houses of the Oireachtas. The formal legislative process then begins. Bill is listed in Section A of the Government Legislation Programme expected to be published in the Spring/Summer [2014] session

31 Thank you