1. Emerging Legal Framework
Anne Marie O’Hagan
Senior Research Fellow: Marine Governance

2. Legislation Programme Spring/Summer Session
Consenting: Maritime Area and Foreshore (Amendment) Bill 2013 – amends the Foreshore Act, 1933
Responsibility: Department of Housing, Planning, Community and Local Government and Department of Communications, Climate Action and Environment
Needs to: provide a process and procedures that are clear to all parties; has allocated timeframes and responsibilities; enables different scales of development; permits multiple uses; fits within wider Maritime Spatial Planning process.
Progress: Imminent…
Legislation Programme
Spring/Summer Session
2017

3. Programme for Government 2011
Programme for Government: Annual Report 2013
2014 [17/9]: Bill expected to be published from the start of the Dáil Session to the beginning of the next Session
2015 [14/1]: Listed as a Bill “expected to be published during the Spring/Summer Session”
[22/9]: Bill expected to be published from the start of the Dáil Session to the beginning of the next Session
July 2016: DCCAE will be receiving new functions from the Department of the Environment, as was.
Government Legislation Programme 2016

4. EIS and NIS Preparation for ORE projects
Guidance documents – published in September 2016 for public consultation
EIS and NIS Preparation for ORE projects
Guidance on Marine Baseline Assessments and Monitoring Activities for ORE Projects (PARTS I and II)
EIS and NIS Document
Purpose is to assist developers and provide other interested parties with a basis for determining the adequacy of these statements.
Policy context and existing legal framework: “enable the designation of ORE zones and the granting of licences by the MCCAE for ORE projects”.
Roles of participants.
Preparing the EIS and NIS: stages of the processes; differences; examples from elsewhere; topics to be included; determinations.
Heavily referenced document with signposting to other published guidance.
Prepared for the Environmental Working Group of the Offshore Renewable Energy Steering Group and the DCCAE by MacCabe Durney Barnes

5. Expectations for 2017 Maritime Spatial Planning
Legislation transposing the provisions of the EU MSP Directive enacted in Directive provides that Member States have a Maritime Spatial Plan “as soon as possible, and at the latest by 31 March 2021” (Article 15(3)).
Department of Housing, Planning, Community and Local Government is the competent authority for MSP in Ireland.
MSP will apply to the Foreshore, EEZ and designated parts of the Continental Shelf but not coastal or transitional waters subject to the planning provisions of Part II of the Planning & Development Act, 2000.
“There will be a number of opportunities for participation during the MSP life cycle. Details on participation opportunities will be made available on this website as they arise.” (DHPCLG website).
Extent of maritime spatial planning
3. (1) Subject to paragraphs (2) and (3), maritime spatial planning and maritime spatial plans apply to the maritime area.
(2) Nothing in these Regulations applies to or affects so much of the coastal waters or transitional waters that are subject to and within the scope of the planning provisions of Part II of the Planning and Development Act 2000 (No.30 of 2000).
(3) These Regulations do not apply to activities, the sole purpose of which is defence or national security.

6. Expectations for 2017 Amended EIA Directive
Member States have to apply new provisions from 16 May 2017 at the latest.
Aim of amended Directive is to improve the quality of EIA and the coherence and synergies with other EU legislation. New definition of EIA – clearer steps.
Introduces a one-stop shop for assessments deriving from EIA and nature conservation Directives. Member States may opt for coordinated and/or joint procedures.
Lists new factors that must be considered in the EIA: factors: population and human health; biodiversity; land; and climate change.
Information to be provided by the developer for projects listed in Annex II has changed: must now provide a description of any features of the project and/or measures envisaged to avoid or prevent significant adverse effects on the environment.
CA must give reasons for its ultimate decision, along with how information from consultation has been incorporated and mitigation, monitoring and compensation measures, where appropriate.
Introduces time-frames for different stages of the process.
EIA Directive (2014/52/EU) entered into force on 15 May 2014
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the project and the significance of its effects on the environment.

7. Expectations for 2017 Aquaculture Licensing Review
EC Strategic Guidelines for the Sustainable Development of EU Aquaculture > national multi-annual plans for aquaculture in each Member State.
Recognised that licensing and administrative procedures AND lack of coordinated spatial planning are limiting sectoral growth > Member States have to put forward objectives for address these in their national plans.
Aquaculture licensing in Ireland is a well-recognised problem – ECJ Rulings against Ireland.
Three person Independent Review Group to conduct an Independent Review of the Aquaculture Licensing Process and associated Legal Framework.
Review Group invites written submissions or observations on matters within the Group’s Terms of Reference until 10 February 2017.
Might to useful to demonstrate the need for licences that can facilitate combined activities/uses.
The review will encompass the aquaculture licensing process from pre-application stage to the determination of a licence.  It will encompass all applications for a licence under existing legislation, including an aquaculture licence, a trial licence, review of a licence or renewal of a licence.  The Independent Review Group will consult with stakeholders and take their views into account in formulating its final report.

8. Twitter: @MaREI Centre Facebook: MaREI Centre
“Unlocking the potential of our marine and renewable energy resources through the power of research and innovation”
Web:
Centre
Facebook: MaREI Centre
ADD FUNDING LOGOS AS RELEVANT…
MaREI is an SFI Centre coordinated by the Environmental Research Institute, UCC, with support from SEAI, EI, EPA, ERDF, EU, HEA and IRCSET, as well as through contributions from our industry partners. Amend logos on funding slide to acknowledge all funders and/or industry partners
Use strip of academic partner logos as banner at end of slide