The Foreshore Act 1933, as amended, requires that a lease or licence must be obtained for any activity on State-owned foreshore, which represents the greater part of the foreshore. The Act provides for the issuing of licences or leases which are in the public interest. Details of applications and determinations made by the Minister under the Act can be accessed on my Department's website at the following link: www.gov.ie/en/collection/f2196-foreshore-applications-and-determinations/
It should be noted that my Department took responsibility for the functions of the Act (in so far as they relate to the regulation of non-aquaculture activity) in 2010 from the Department of the Marine.
Section 3 of the Foreshore Act 1933 provides the Minister with the authority to grant a license. A licence is generally issued for an activity or development that does not require exclusive occupation of the foreshore. Examples would include repair work, some coastal protection work, undersea pipelines, cables, site investigation works and dredging works. Once the Minister has determined and granted an application under this section, the Chief State's Solicitors Office (CSSO) is then instructed by my Department to prepare the relevant legal instrument or licence and liaise with the applicant's own legal representatives. Arrangements are also made for the payment of the relevant licence fee. Once these matters are complete the licence is then signed by both parties and executed as a Deed.
A lease is generally issued for a development that requires exclusive occupation of the foreshore. Developments requiring a lease would include for example: jetties, bridges, piers, marinas, offshore windfarms and reclamation of any foreshore.
Each application must be assessed appropriately in accordance with the applicable requirements of domestic and EU law including the EIA Directive, Birds and Habitats Regulations and the Foreshore Act. In addition, the provisions of the Public Participation Directive are applied to consent applications under the Foreshore Acts which require the preparation of an Environmental Impact Statement by the European Communities (Foreshore) Regulations 2009 and the European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012.
The table below identifies the number of licences and leases executed from 2000-2010.
File Reference Number
|
Deed Number
|
Foreshore Consent Type
|
Status
|
MS51/4/81
|
6/1952
|
Lease
|
Active
|
MS54/5
|
50/1999
|
Licence
|
Active
|
MS54/17
|
33/2000
|
Licence
|
Active
|
MS54/17
|
34/2000
|
Licence
|
Active
|
MS53/7
|
45/2000
|
Licence
|
Expired
|
MS51/4/332
|
58/2000
|
Lease
|
Expired
|
MS54/19
|
65/2000
|
Licence
|
Expired
|
MS56/5
|
68/2000
|
Licence
|
Expired
|
MS51/4/297
|
72/2000
|
Licence
|
Active
|
MS52/240
|
3/2001
|
Licence
|
Active
|
MS51/4/301
|
5/2001
|
Licence
|
Active
|
MS51/4/366
|
6/2001
|
Licence
|
Expired
|
MS54/23
|
25/2001
|
Licence
|
Active
|
MS51/4/397
|
29/2001
|
Licence
|
Active
|
MS51/4P/38 and MS 51/4/215
|
30/2001
|
Lease
|
Active
|
MS51/4/398
|
2/2002
|
Licence
|
Active
|
MS51/4/323
|
4/2002
|
Licence
|
Active
|
MS51/4/369
|
32/2002
|
Licence
|
Active
|
MS51/4/341
|
4/2003
|
Lease
|
Active
|
MS51/4/420
|
19/2003
|
Licence
|
Expired
|
MS51/4/399 FS005661
|
9/2006
|
Licence
|
Active
|
MS51/4/362
|
29/2003
|
Licence
|
Expired
|
MS51/4/420
|
32/2003
|
Licence
|
Expired
|
MS51/4/425
|
4/2004
|
Licence
|
Expired
|
MS51/4/409
|
24/2004
|
Licence
|
Active
|
MS51/4/335
|
41/2003
|
Licence
|
Active
|
MS59/9
|
3/2005
|
Licence
|
Expired
|
MS51/4/445
|
|
Licence
|
Expired
|
MS51/4/431A
|
8/2006
|
Licence
|
Expired
|
MS51/4/399
|
9/2006
|
Lease
|
Active
|
MS51/4/462A
|
28/2006
|
Licence
|
Expired
|
MS51/4/112
|
29/2006
|
Lease
|
Active
|
MS51/4/480A
|
6/2007
|
Licence
|
Expired
|
MS51/4/462A
|
7/2007
|
Licence
|
Expired
|
MS52/264
|
30/2007
|
Licence
|
Expired
|
MS51/4/430A
|
1/2008
|
Licence
|
Expired
|
MS51/4/505
|
15/2008
|
Licence
|
Expired
|
MS52/264A
|
16/2008
|
Licence
|
Expired
|
MS51/4/450
|
39/2008
|
Licence
|
Active
|
MS51/4/519
|
50/2009
|
Licence
|
Expired
|
MS 51/4/495
|
2/2010
|
Licence
|
Active
|
MS 51/4/516
|
7/2010
|
Licence
|
Active
|
MS 51/4/534
|
10/2010
|
Licence
|
Expired
|