Ireland: Application for a foreshore licence and invitation for public submissions or observations for the purpose of conducting stage 2 appropriate assessment

PUBLIC CONSULTATION – SECTION 19 OF THE FORESHORE ACT

Notice is hereby given pursuant to Section 19 of the Foreshore Act, 1933, as amended, that MaresConnect Limited has applied to the Minister of Housing, Local Government and Heritage for Licence under the Foreshore Act 1933, as amended, for the purposes of the above project. In this regard, in accordance with Section 19, public submissions are invited on the proposed plan and project.

INVITATION FOR PUBLIC SUBMISSIONS OR OBSERVATIONS ON APPROPRIATE ASSESSMENT

Notice is hereby given pursuant to Regulation 42(13) of the European Communities (Birds and Natural Habitats) Regulations 2011, as amended, of an application for a foreshore licence in relation to the above project The Minister for Housing Local Government and Heritage is responsible for making a decision on the application and the Minister may either grant, approve or consent to the application with or without covenants, conditions or agreements, where applicable, or refuse the application.

The Minister has determined, in accordance with Regulation 42(6) of the European Communities (Birds and Natural Habitats) Regulations 2011, that an Appropriate Assessment is required in respect of the proposed plan or project. A copy of the Screening for Appropriate Assessment decision is available at: gov.ie – FS007635 MaresConnect Electricity Interconnector Site Investigation (www.gov.ie) [gov.ie]

In considering this matter, the Minister had regard to the following:

https://www.gov.ie/en/foreshore-notice/779e7-fs007635-maresconnect-electricity-interconnector-site-investigation/

1. The application for a foreshore licence and the documentation appended thereto.
2. The Screening for Appropriate Assessment prepared by the Departments Marine Advisor.
3. The assessment and recommendation of the Department’s Marine Advisor.
4. All other relevant information submitted in relation to this application.

The Minister will make a determination as to whether or not the proposed plan or project would adversely affect the integrity of a European site in accordance with Regulation 42(11) of the European Communities (Birds and Natural Habitats) Regulations 2011 and, in doing so, shall have regard to the matters in Regulation 42(12).

In this regard, in accordance with Regulation 42(13), any person may make a submission or observation to the Minister concerning the proposed project within 30 days of the date of this notice. The Minister shall have regard to any submissions or observations received during the public consultation.

A copy of the application, map of the proposed project, location map coordinates, the determination that an Appropriate Assessment is required in respect of the project, the Natura Impact Statement, and the other information and documentation relevant to the application, are available for inspection for 30 calendar days, between 13th July 2023 and 13th August 2023, free of charge and without appointment at:

Malahide Garda Station, 1/2 James’s Terrace, Malahide, K36 NH50, Co. Dublin. Opening hours: Monday to Sunday 10:00 – 21:00

Malahide Public Library, Main Street, Malahide, K36 EW63, Co.Dublin

Monday – Thursday 9.45am – 8pm

Friday & Saturday 9.45am – 1pm and 1.45pm – 5pm

This documentation and information is also available on the Department’s website, at:

https://www.gov.ie/en/foreshore-notice/779e7-fs007635-maresconnect-electricity-interconnector-site-investigation/

Members of the public who wish to make a submission or observation in writing concerning the proposed project may do so between 13^th July 2023 and 13^th August 2023 (quoting ref: FS007635) to the Minister for Housing, Local Government and Heritage, Foreshore Section, Department of Housing, Local Government and Heritage, Newtown Road, Wexford, Co. Wexford or foreshore@housing.gov.ie.  The closing date for submissions is close of business (17.30) on 13^th August 2023

Take notice that material to which the Minister shall have regard in making the Appropriate Assessment determination will be published on the Department’s website. In this regard, the Department wishes to draw attention to its policy on defamatory material that may be contained in submissions it receives, which may be found at:

http://www.housing.gov.ie/planning/foreshore/public-participation-foreshore-consent-process

REVIEW PROCEDURE

A review procedure is available before the High Court whereby the substantive or procedural legality of the Minister’s Screening for Appropriate Assessment determination may be challenged. The review procedure is governed by Order 84 of the Rules of the Superior Courts, 1986 (S.I. 15 of 1986). A person wishing to avail of the review procedure must first file (i) a statement of grounds; and (ii) a verifying affidavit, in the Central Office of the High Court.  It is then necessary to make an application for leave to apply to the High Court.

An application for leave to apply for judicial review shall be made within three months from the date when grounds for the application first arose under Section 21(1) of the Order 84 of the Rules of the Superior Courts as amended by S.I No 691 of 2011. The time-limit for such a review commences from the Date of Publication of this Notice of Determination.    Practical information on the review mechanism can be obtained from the Citizens Information’s website at citizensinformation.ie

Section 50B of the Planning and Development Act, 2000 as amended applies inter alia to Judicial Review Proceedings. The matter of costs is addressed under Subsections (2),(2A),(3) &(4). Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts (S.I. 15 of 1986) and subject to subsections (2A), (3) &(4), in proceedings to which this section applies, each party to the proceedings (including any notice party) shall bear its own costs. The full text of Section 50B is available at:

http://www.irishstatutebook.ie/2010/en/act/pub/0030/sec0033.html#sec33