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Integrated Maritime Planning
Making Ireland a Lead International Example
1. Ireland’s Current Opportunity
As an island nation with c.7,000 km of coastline and a large marine jurisdiction endowed
with some of the best marine ecosystems in Europe, Ireland, through its involvement in UN
and EU negotiations and its own actions, should be taking an international lead in climate
stabilisation, reversing ocean acidification and biodiversity loss, and decarbonising energy.
In 2012, the Department of Environment, Community and Local Government published a
consultation paper ‘A New Planning and Consent Architecture for Development in the
Marine Area’, to which public submissions were invited by 1st March, 2013.
The current system largely based on the Foreshore Act 1933 (as amended) and a plethora of
other statutory instruments is not fit for purpose, requires a complete overhaul and a new
integrated approach, which is long overdue.
The EU Marine Strategy Framework Directive1 (MSFD) (2008) requires Member States to
put in place measures to achieve Good Environmental Status (GES) by 2020. Member States
are required to have completed and communicated to the European Commission, their Initial
Assessments, determination of the characteristics of GES and the establishment of associated
targets and indicators by 15th July 2012.
Ireland commenced this process only in February 2012 with the appointment by Department
of Environment Community and Local Government of RPS Consultants to report in early
2013. Accordingly, Ireland has failed to meet its legal obligations for the implementation of
the initial stages of the Directive.
Ireland, along with 14 other EU states, is a contracting party to the OSPAR Convention (Oslo
and Paris Conventions for the protection of the Marine Environment of the North East
Atlantic). The OSPAR convention parties are using the OSPAR Commission to provide
resources, co-ordination and guidance on the implementation of the MSFD.
In March 2013, the European Commission published a draft directive for Maritime Spatial
Planning and Integrated Coastal Zone Management2, seeking to put legal force on previous
ineffective policy measures.
2. Pressure on Ireland’s Marine Environment
The global marine environment is facing the converging impact of biodiversity loss, climate
change and ocean acidification. Ireland’s marine and coastal zone environment is
1
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a
framework for community action in the field of marine environmental policy (Marine Strategy Framework
Directive)
2
2013/0074 (COD) Proposal for a Directive of the European Parliament and of the Council establishing a
framework for maritime spatial planning and integrated coastal management
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experiencing increasing development pressures and the potential for multiple use conflicts
arising from fishing, aquaculture, minerals and oil and gas extraction; shipping activities and
port development; and increasing maritime recreational and tourism activity which must be
reconciled with meeting international and national commitments in respect of climate
emissions, biodiversity and water quality.
At the same time the development of alternative energy, whether off shore wind, application
of wave, tidal or ocean or exploitation or cultivation of biomass brings new challenges to the
marine environment.
2.1 Ocean Acidification
The impact of ocean acidification is insufficiently recognised. Even if continuing levels of
CO2 were not an issue in generating climate change, its impact on ocean acidification would
require the same level of international action to reduce and cap emissions to scientifically
acceptable limits.
Excessive CO2 in the atmosphere is leading to increased acidification in the oceans. The
entire marine ecosystem is at risk from acidification from the tropics to the poles. The extra
carbonic acid depletes seawater of the dissolved carbonate minerals that many marine
organisms from corals, to plankton to sea urchins use to build their shells or skeletons
Bottom dwelling organisms like mussel and clams which are the feeding sources for birds
and marine mammals are exposed to risk of rising levels of acidity. Low oxygen “dead
zones “already affecting coastal areas and coral reefs because of excess nitrogen and other
waterborne pollutants are likely to increase with Co2 emissions.3
2.2 Marine Fisheries
Ireland’s marine environment supports a rich diversity of life. The seas around Ireland
contain some of the most productive and biologically sensitive areas in EU waters4.
The 2008 Environmental Protection Agency ‘State of the Environment Report’ stated that
70% of the most commonly fished species in Irish waters were being harvested beyond safe
levels to maintain stable population5.
Ireland’s location on the edge of the European continent has meant that, in comparison with
many other European countries, its marine environment has remained relatively unpolluted.
However, in recent decades increasing environmental pressures have seen inshore water
quality decline (EPA, 2008). Important nursery habitats such as oyster beds and wetlands are
where many fish species spawn and breed. ‘Filter feeders’, such as oysters and mussels in the
sea and coastal wetlands clean and remove toxins from water, helping to keep nursery areas
unpolluted enough for the young fish. In Ireland our shellfish populations of wild scallops,
oysters and mussels are under pressure, both from over-harvesting and from ongoing
3
Lynas, M, 2010. The God Species: Saving the Planet in the Age of Humans, 1st ed. UK: Fourth Estate.
The Marine Institute: The Stock Book. Report to the Minister for Agriculture, Fisheries and Food Annual
Review of Fish Stocks in 2010 with Management Advice for 2011
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http://www.epa.ie/pubs/reports/indicators/irlenv/
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pollution which makes it difficult to keep our waters clean enough to support healthy
shellfish populations6.
The greatest human impact on Ireland’s marine environment continues to be commercial
fishing. The use of new technologies and larger modern trawlers (with the ability to trawl to
depths of 1,800 metres), in combination with harmful EU and national fisheries policies, has
allowed the capture and discard of unsustainable quantities of fish and resulted in the over
exploitation of our marine resources. This has led to a dramatic decline in commercial fish
stocks and much of the Irish fisheries sector is now on the brink of collapse, with coastal
communities suffering high unemployment rates as a result 7.
The EU Common Fisheries Policy, to which Ireland is subject, has been widely regarded as
failing to carry out its remit with regards to protection of stocks against overfishing and
sustainable biological, environmental and economic exploitation of living aquatic organisms.
Currently over three quarters of fish stocks in Europe are overfished, catch restrictions and
the quota systems in place have meant that millions of tonnes of dead fish are being dumped
into the sea8. The February 2013 EU Council of Ministers meeting made a significant
advance in reforming policy on by-catch discards9.
2.3 Aquaculture
The adverse impacts associated with aquaculture are a significant problem for many of
Ireland’s marine environments. Estuarine and coastal habitats, including those within Natura
2000 sites, are suffering degradation from high levels of aquaculture, for example Clew Bay
in County Mayo and Lough Swilly in County Donegal.
One of the main issues is due to the output of uneaten fish food and fish faecal deposits (from
the fish farms) into the water body. This causes a decrease in available oxygen, leading to
negative changes in the benthic community on the sea floor. In many cases, the output far
exceeds the normal carrying capacity of these water bodies. It is therefore crucial that
adequate regular monitoring of the water body takes place prior to and after an aquaculture
license or permit is granted. This ensures that negative environmental consequences are
identified and addressed quickly. Recent data released by the Scottish Environmental
Protection Agency (SEPA) revealed that assessments of the seabed conditions under and
around the fish farms in Scotland found that 44% were “unsatisfactory” (i.e. beyond the
assimilative capacity of the local environment, 21% were “borderline” (i.e. close to having an
unsustainable impact) while only 34% were found to be “satisfactory”10.
A further problem is the introduction and spread of disease and parasites as a consequence of
aquaculture. For example, one of the most contentious issues in relation to the farming of
Nature’s Way booklet. Anja Murray of An Taisce. 2010.
WEB Policy Statement: Opportunities for Policy Change: Biodiversity Integration into a Reformed Common
Fisheries Policy (CFP). Published 2010.
8
http://ec.europa.eu/fisheries/reform/index_en.htm
9
http://ec.europa.eu/information_society/newsroom/cf/mare/news.cfm?tpa_id=345&subweb=343&lang=en
10
http://www.guardian.co.uk/environment/2012/sep/10/scottish-fish-farmers-parasite-pesticide?intcmp=239
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salmonids is the link between the production of sea lice on fish farms and the decline in wild
sea-trout populations in the west of Ireland. Research investigating this issue has been carried
out in Ireland and Scotland. The findings of several studies suggests that sea lice from salmon
farms play a major role in the collapse of wild sea-trout populations11. Another problem is the
increasing resistance of sea lice to current treatments which results in fish farmers having to
use higher doses of the chemicals in order to treat the sea lice. Data released by SEPA
showed that there was a 110% increase in the amounts of chemicals used to treat sea lice due
to increasing resistance. However, there was only a 22% increase in the level of salmon
production in the same period12. The chemicals used can also be highly toxic to marine
species such as lobsters and prawns.
2.4 Marine Renewable Energy
The extent of Ireland’s coastal and marine area creates major potential for future renewable
energy. The 2012 ‘Harnessing our Ocean Wealth Integrated Marine Plan for Ireland states
that ‘Our renewable energy resources, both onshore and offshore, are significantly greater
than the national energy requirement’13. However, the plan goes on to state that Ireland will
‘continue to implement research supporting increased hydrocarbon prospectivity through
government-industry and international collaboration.....to support and enable offshore
exploration for indigenous oil and gas resources’14. The impacts of wave and tidal renewable
energies on marine mammals are not understood. Research has begun in Kilrush on the
impacts of noise from wave energy machines on the Bottlenose Dolphin (Tursiops truncatus),
but this research is in its infancy. Similar impacts of noise on the moulting/breeding sites for
Irelands Common Seal (Phoca vitulina) and Grey Seal (Halichoerus grypus) species are not
understood. An Taisce supports the development of marine renewable energy but submits
that caution should be taken by the government and that no licences for renewable energies
sites, including test sites, should be granted unless they have had a full and thorough
Environmental Impact Assessment carried out, having regard to ECJ Judgement 66-O6 on a
trial aquaculture licence in the Kenmare River.
Research needs to be carried out on the impact of the germination, harvesting and refining of
algae or seaweed as a bio fuel or fossil fuel substitute. This could potentially act as a major
new energy resource but the environmental impact of its large scale application needs to be
assessed.
11
http://rspb.royalsocietypublishing.org/content/early/2009/07/02/rspb.2009.0771.long
http://www.atlanticsalmontrust.org/assets/ast-sea-lice-impacts-review.pdf
http://www.friendsoftheirishenvironment.net/cmsfiles/files/library/sea_lice_impacts_submission__6.12.08.p
df
12
http://www.guardian.co.uk/environment/2012/sep/10/scottish-fish-farmers-parasite-pesticide?intcmp=239
13
Harnessing our Ocean Wealth: An Integrated Marine Plan for Ireland (2012), Department of Agriculture,
Food and the Marine, pg 29.
14
Ibid, pg 40
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2.5 Oil and Gas Drilling
Offshore exploration drilling has taken place off the Irish Coast since the 1970’s with gas
extracted from the depleted Kinsale Field, the current Seven Heads field adjacent, and work
advancing on the Corrib project in North West Mayo.
Developing technology and the depletion of conventional oil fields is leading to a new wave
of oil and gas exploration globally, including fracking which has significantly reduced gas
prices in the US and increased coal exports.
Current Irish exploration ranges from Rathlin Island, County Antrim, to the South County
Dublin Coast and Barryroe off County Cork.
Offshore oil and gas rigs can have huge environmental impacts and accidents such as the
2010 catastrophe on the Deepwater Horizon in the Gulf of Mexico showed how much
damage can be caused. Environmental damage led to mass death of a huge amount of wildlife
including dolphins, whales, turtles and fish. Tourism and the seafood industry of the area
were also affected.
Overshadowing this is the meeting of the 2010 Copenhagen Accord target to stabilise global
temperature rise at 2 degrees Celsius.
The 2012 International Energy Agency World Energy Outlook has estimated that this requires
leaving over 60 percent of existing fossil fuel resources primarily coal in the ground15. The
April 2013 Carbon Tracker and Grantham Research Institute on Climate Change and the
Environment Report quantifies the current investment in exploration of fossil fuel which
cannot be burned if climate targets are to be met16. The report argues the gross over
extraction of existing resources and resource waste of additional exploration projecting a
carbon bubble if effective international climate action is achieved, while at the same time
undermining the required investment in energy conservation and renewables.
Apart from the risks of deep level on deepwater drilling there is a major case to be made for
Ireland to set an international lead in restricting future gas and oil exploration.
2.6 Port Development and Shipping
The current widening of the Panama Canal, to be completed in 2014, will lead to larger
tankers and container ships in the North Atlantic. In February 2013 Shannon Foynes Port
Company published a master plan to cater for larger vessels, doubling annual trade.
Also based on increasing tonnage, the state owned ports of Dublin, Cork and Galway are all
proposing expansion applications for lodgement with An Bord Pleanala, previous
applications by the first two having been refused.
15
16
International Energy Agency, 2012, World Energy Outlook, ISBN, Chapter 8
http://www.carbontracker.org/wastedcapital
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The Department of Transport has published a new ‘National Ports Policy’ in March 201317.
This does not provide increased tonnage targets but identifies ocean energy and cruise liners
as major growth areas. Galway Port Company is due to lodge a major application for a major
cruise ship berthage extending into the Natura 2000 designated area for which invoking of the
IROPI clause of Article 6 of the Habitats Directive will be sought.
Increasing the capacity of ports directly increased resource consumption, climate emissions
as well as particle emissions from less refined bunker fuel. Shipping generates a range of
impacts on the marine environment including ballast discharge and spread of invasive species
such as the Chinese mitten crab.
2.7 Transboundary Nuclear Issues
The UK’s sixteen nuclear reactors are reaching the end of their operating life with all but one
proposed to be retired by 201318.
The UK’s current energy strategy proposes seven new reactors to be in place by 2025 at five
sites. Two plants are proposed on the Irish Sea at Moorside in Cumbria and Wyfla on
Anglesea. Three are located on the British Channel/Severn Estuary, with two at Hinkley
Point in Somerset and one at Oldbury, Gloucestershire. The selection process for a long term
waste deposition site is unresolved.
Public participation in Ireland, both formally under Article 7 of the EIA Directive for
individual projects and on the general issues of safety and risk management has not been
facilitated. Yet at the same time the Irish and UK energy grid is being increasingly
interconnected with major proposals for Irish wind generation to provide UK renewable
energy to the UK market.
3. Legal Protection of Marine Protected Areas
Under the Habitats Directive, Ireland has designated 15,500km2 of SACs, 53 over the land
area, the remainder being marine or large lakes.
Under the OSPAR Convention to Protect the Marine Environment of the North East Atlantic,
Ireland committed to establishing Marine Protected Areas. 19 coastal SACs were given
overlapping OSPAR MPA status, as there is no direct legal effect to OSPAR.
European Court of Justice Judgement Case C6-05 Commission v UK in 2005 confined the
application if the Habitats Directive to the 200 mile nautical limit.
Ireland initially designated four offshore SACs: two coral reef areas on the edge of the
Porcupine Bank and two sites in the Porcupine Seabright.
17
Department of Transport, Tourism and Sport (2013)
http://www.transport.ie/viewitem.asp?id=9552&lang=ENG&loc=1925
18
World Nuclear Association (2013), http://www.world-nuclear.org/info/Country-Profiles/Countries-TZ/United-Kingdom/#.UXevHmeXiok
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Further implementation of the Habitats Directive in Ireland’s marine area has been tardy,
resulting in intervention of the European Commission.
In December 2012, six additional sites were designated to cover two sandbank areas, three
types of reefs, and the West Connaught Bottlenose Dolphin, with the Rocabill to Dalkey
Island designation incorporating both reefs and Harbour Porpoise.
The Dalkey Island designation came after the grant of a foreshore license by DoECLG in
October 2012, to Providence Resources for an exploration well in proximity to the designated
area, and where seismic testing would affect the designated area..
Regulation 46 of the Habitats Regulations 2011 applies to require a review of (only) plans in
certain circumstances. The obligation to review derives from a reading of ECJ case law
pursuant to Article 6(2) of the Habitats Directive, and clearly extends to projects as well as to
plans. Comparing Ireland’s transposition with the UK’s transposition of the same point, the
UK’s provision applies to plans and projects19. The result is that Ireland has, at present, no
power to ‘call in’ an ongoing potentially damaging project where a new Natura 2000 site is
proposed for designation.
4. Irish Government Policies
4.1 Harnessing Our Ocean Wealth 2012
In July 2012, the Irish government released ‘Harnessing our Ocean Wealth: An Integrated
Marine Plan for Ireland’ following a public consultation period by the Minister for
Agriculture, Food and Marine, Simon Coveney. This plan aims to double the value of
Ireland’s ocean wealth to 2.4% of GDP by 2030 and to increase the turnover from the
country’s ocean economy to more than €6.4 billion by 2020. Norway and Iceland were held
as international exemplars of marine development for Ireland to emulate. The quantity based
focus of this document has been highly criticised by environmental NGOs. The document has
a narrow focus on GDP economic growth. It does not integrate eco-systems approval of
MSFD. It adopts objective of creating a ‘thriving maritime economy’ and supports
‘sustainable economic growth’, which does not address ecological boundaries.
4.2 Government strategy document ‘Food Harvest 2020’
This strategy document aims to increase aquaculture by 78% volume production by 2020.
‘Food Harvest 2020’ describes compliance with the Birds and Habitats Directive as a
constraint on the ability to distribute licences and funding for the aquaculture industry20. The
Birds and Habitats Directives were put in place to protect Europe’s most rare and sensitive
habitats, and they should not be looked at as a constraint to the aquaculture sector. It is
19
http://www.legislation.gov.uk/uksi/2010/490/regulation/63/made.
Page 53 - Food Harvest 2020: A vision for Irish Agri-Food and Fisheries. Report produced by the Department
of Agriculture, Fisheries and Food. http://www.agriculture.gov.ie/media/migration/agrifoodindustry/foodharvest2020/2020FoodHarvestEng240810.pdf
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precisely this kind of environmental protection that will facilitate the long term goals of
aquaculture companies who wish to keep producing their product long into the future.
Compliance with environmental legislation should be at the forefront of any business strategy
that is serious about a sustainable aquaculture industry. Such views are damaging to the long
term viability of the industry and protection of the environment upon which it is dependent.
In 2012 BIM announced the development of three deep sea salmon farms each capable of
producing of producing 15,000 tonnes of organic farm salmon which would represent a 300%
increase in current national production..
5. The EU legal basis for environmental protection
Article II of the Treaty on the Function of the European Union states:
‘Environmental protection requirements must be integrated into the definition and
implementation of the Union policies and activities, in particular with a view to promoting
sustainable development’.
The term ‘must be’ is both clear and significant. However, Ludwig Kramer has documented a
succession of European Commission proposals to develop integration which were abandoned
or not taken up, most significantly the aborted ‘Cardiff Process’ in 1988 to introduce a
horizontal approach to environmental policy by incorporating it into all Community
Policies21.
The challenge of environmental ‘integration’ since the adoption of the third EEC
Environmental Action Programme in 1983 has been discussed by Owen McIntyre22.
The development of policies without legal effect is demonstrated by the failure of Integrated
Coastal Zone Management (ICZM) which was adopted as part of Agenda 21 in the Rio Earth
Summit 1992. In 2002 the European Parliament and Council made a recommendation
concerning the implementation of ICZM in Europe which was not followed by any legal
measures.
The term ‘sustainable development’ has no legal definition. It derives from the 1987
Brundtland Commission definition ‘development that meets the needs of the present without
compromising the ability of future generations to meet their own needs’23.
Instead of recognising the environment as over embracing all other considerations,
understanding of concept of ‘sustainable development’ has been undermined by a well
21
Kramer L, 2013, ‘Giving a voice to the environment by challenging the practice of integrating environmental
requirements into other EU policies’ in Suzanne Kingston’s (ed.) European Perspectives on Environmental
Law and Governance, Routledge, pg 83-101
22
McIntyre O, 2013, ‘The Integration Challenge: Integrating environmental concerns into other EU policies’,
ibid, pg 125-144
23
World Commission on Environment and Development (1987). Our Common Future. Oxford: Oxford
University Press. Chapter 2.
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intentioned Venn diagram first used by Economist Edward Barbier in 1987 ‘The Concept of
Sustainable Economic Development’24.
The diagram, with its equal weighing of economic and social considerations with the
environment proved to be highly influential and continues to underpin international policy.
The 2005 UN World Summit, in re-affirming the goal of sustainable development, referred to
‘efforts’ to ‘promote the integration of the three components of sustainable developmenteconomic development, social development and environmental protection’25.
The 2012 Rio+20 outcome document committed states including Ireland, to the
implementation of the Precautionary Approach to marine management:
We therefore commit to protect and restore, the health, productivity and resilience of oceans
and marine ecosystems and to maintain their biodiversity, enabling their conservation and
unsustainable use for present and future generations, and to effectively apply an ecosystem
approach and the precautionary approach in the management, in accordance with
international law, f activities having an impact on the marine environment to deliver on all
there dimensions’ of sustainable development (EU 2012).
Barbier E, 1987, ‘The Concept of Sustainable Economic Development’, Environmental Conservation, vol. 14,
no. 02, pp101-110.
25
2005 World Summit Outcome Document, Paragraph 48. Accessed online at:
http://www.who.int/hiv/universalaccess2010/worldsummit.pdf [20th April 2013]
24
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However, the domination of economic considerations at all levels of decision making has led
to environmental considerations being secondary, and not integrated. This is because of the
failure to recognise the economy as a subset of human society which is in turn a subset of the
environment, reflected in the alternative Venn diagram below.
Recognition of the over-riding function of the Earth’s ocean, land and atmosphere as an
integrated climate system and ecosystem must change the decision making perspective in
recognising planetary boundaries on resource consumption and emissions.
-Secure inter-generational wellbeing.
-Reduce anthropogenic greenhouse gases to pre-industrial levels.
-Reverse biodiversity loss and ocean acidification.
-Reduce the ecological footprint and resource consumption of developed countries.
6. EU Legal Policy Developments on Marine Environment
The Marine Strategy Framework Directive (MSFD) 2008 is science-driven and envisages a
continuous process of adaption towards achieving or maintaining Good Environmental Status
(GES); it places considerable emphasis on adopting the eco-system approach, adaptive
management and public participation in its implementation; it facilitates greater transparency
with regard to marine management decisions and if implemented correctly it could result in a
significant improvement in the quality of the European marine environment.
However, the potential derogations from the Directive confer, at least in theory, considerable
latitude on Member States to avoid having to achieve GES of their marine waters. In
particular, the requirement to subject all measures to be taken to achieve GES to cost-benefit
analysis carries with it the risk that the benefits of ecosystem goods and services might be
undervalued, and consequently ecologically necessary measures could be avoided. As a
Framework Directive potential legal action for application of provisions in national courts is
difficult.
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In September 2012 the Commission issued a communication on ‘Blue Growth’ opportunities
for marine and maritime sustainable growth26.
Blue Growth was defined under five headings:
-Offshore energy
-Aquaculture
-Maritime coastal and cruise tourism
-Marine mineral resources
-Bio technology
These headings reflect conflicts between an economic and sectoral driven agenda and the
integration of environmental considerations.
In March 2013, the European Commission published a proposal for a Directive ‘Establishing
a Framework for Maritime Spatial Planning and Integrated Coastal Management’27. The
main purpose of the proposed Directive is to promote the sustainable growth of maritime and
coastal activities and the sustainable use of coastal and marine resources by establishing a
framework for the effective implementation of maritime spatial planning in EU waters and
integrated coastal management in the coastal areas of Member States.28
In the press publicity for the announcement of 13th March 201329 the proposal was presented
as a Commission ‘initiative to support Blue Growth through sustainable management of
marine and coastal areas’. Two strikingly different visions were presented by two different
European Commissioners.
In welcoming the document, European Commissioner for Maritime Affaires and Fisheries
Maria Damanaki said:
‘Today we are proposing a new step of the Integrated Maritime Policy of the European
Union and offering a new tool for our Blue Growth Strategy. By facilitating sustainable
development and investments at sea, the Directive will contribute to make real the potential
of Europe's Blue Economy for growth and jobs’.30
While European Commissioner for the Environment Janez Potočnik said:
‘This initiative will contribute to a healthy environment and better living conditions for the
200 million EU citizens who live in coastal regions. It should also help preserve unique and
diverse coastlines and ecosystems that offer invaluable habitats for plants and animals’.31
26
Communication from the Commission to the European Parliament, The Council, The European Economic and
Social Committee and the Committee of the Regions: Blue Growth: opportunities for marine and maritime
sustainable growth COM (2012) 492 final, accessed online
http://ec.europa.eu/maritimeaffairs/policy/blue_growth/documents/com_2012_494_en.pdf [20th of April 2013]
27
Directive of the European Parliament of the Council 2013/0074 establishing a framework for maritime spatial
planning and integrated coastal management
28
Ibid, para. 1.2
29
http://europa.eu/rapid/press-release_IP-13-222_en.htm, accessed online [23rd April 2013]
30
Ibid, para. 2
31
Ibid para. 3
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The adoption, transposition and implementation of a new EU Directive is a lengthy process.
In the interim, the development pressures from individual sectors will increase.
7. Current Irish Regulatory Regime
In many respects, ‘planning’ in the Irish marine environment today resembles terrestrial
planning in Ireland in the 1980s and 1990s. Ireland currently implements a disjointed
'project-by-project, permit-by-permit' approach to marine, aquaculture and coastal
development.
Currently, marine policy and development consents are spread across a number of
Government departments and agencies with major projects on the coast or marine area
require a multiplicity of consents:

The application of the Strategic Environmental Assessment (SEA) Directive has
proved disappointing. Major strategy documents which include sectoral growth
targets have been published by Government Departments, like ‘Harnessing Our
Ocean Walth 2012 and ‘Food Harvest 2020’.

Designations under the Birds and Habitats Directives are made by the Minister for
Arts, Heritage and the Gaeltacht.

Irish Sea fisheries are managed as a common resource at an EU level under the
Common Fisheries Policy (CFP), setting out quotas for how much of each species can
be caught in defined marine areas. Implementation is governed by the Sea Fisheries
and Marine Jurisdiction Act 2006.

The Department of Environment, Community and Local Government is responsible
for Foreshore Licenses up to a 12 nautical mile (22.4 km) limit.

Developments within local authority jurisdiction are subject to the Planning Acts,
which are open to appeal to An Bord Pleanala.

Strategic Infrastructure Development (SID) and local or state authority applications
coming under the EIA Directive are lodged directly with An Bord Pleanála, the
former following the 2006 amendment to the Planning and Development Act 2000.

Gas pipelines and electricity inter-connectors are subject to a range of consent.

The Department of Energy, Communications and Natural Resources is responsible for
the promotion of oil, gas and mineral exploration.

Aquaculture license applications are made to the Department of Agriculture, Food and
the Marine with an appeal provision to the Aquaculture License Appeals Board
(ALAB).

Other developments on the coast, such as an incinerator, come under EPA Waste and
IPPC licensing provisions.
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
The EPA determines Dumping at Sea permits under the foreshore and Dumping at
Sea (Amendment) Act 2009.

The carrying out of Strategic Environmental Assessment (SEA) and Habitats
Directive Assessment (HDA) in the marine area is fragmented on a sectoral basis by
different government departments or agencies.
Ireland transposed the Marine Strategy Framework Directive (MSFD), in the European
Communities (Marine Strategy Framework) Regulations 2011, in May 2011, ten months late.
Ireland has also failed to meet its legal obligation to carry out the first stage of
implementation: The Initial Assessment, determination of the characteristics of Good
Environmental Status and the establishment of associated targets and by 15th July 2012. RPS
Consultants, who were commissioned by DECLG and the Marine Institute to prepare this,
began work in February 2012 and were due to present the results in ‘early 2013’. This is not
yet forthcoming, nor has there been any public participation on it. The DECLG have
indicated that once the work has been completed by RPS, the Department will engage in a
full public participation exercise which meets the legal requirements of the Directive for
‘early and effective’ participation of interested parties.
8. Conflicts in Current Irish Consent Regime
There is irreconcilable conflict between the role of Government Minister in promoting a
particular development sector and in the determination of consent applications under that
sector.
In March 2013 Fianna Fail Front Bench T.D Eamon O Cuiv accused minister for Agriculture,
Food and the Marine Simon Coveney of conflict in his role in considering the development of
a major salmon cage farm in Galway Bay after requesting support for the project:
‘Fianna Fáil agriculture spokesman Éamon Ó Cuív says Minister for the Marine Simon
Coveney approached him a year ago on the issue of the proposed €60 million fish farm for
Galway Bay, and “made it clear that he supported the project in advance of the application
being made to his department”. Mr Ó Cuív believes the project application should be
withdrawn by BIM for this reason.’ – The Irish Times, 24th March 2013.
The Department of Energy, Communications and Natural Resources is as part of its mission
statement ‘responsible for the promotion, regulation and monitoring of the exploration and
development of oil and gas resources onshore in Ireland and offshore’.
Minister Pat Rabitte, responsible for assessing and approving oil and gas exploration and
extraction projects stated:
‘The ultimate goal of the Government was to maximise the benefits to Ireland of its
indigenous oil and gas resources’ – The Irish Times, April 18th 2013
This is based on an entirely economic driven agenda of resources extraction In February
2013, the legal challenge by An Taisce against the Foreshore License granted by the
Department of Environment, Community and Local Government to providence Resources for
an oil and gas exploration well off Dalkey resulted in the withdrawal of the application by
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Providence Resources as the pleadings established the EIA Directive Annex on deep drilling
had not been transposed into Irish law, Minister of State Jan O’Sullivan said she would
review the EIA regulations in question ‘with a view to remedying any difficulties that may
exist’32.
9. European Experience in Marine Planning
In several European countries, on their own initiative or driven by the European Union’s
Marine Strategy Framework Directive (2008) and the EU Recommendation on Integrated
Coastal Zone Management (2002).
There are numerous emerging examples of Maritime Spatial Planning in Europe. The
Netherlands developed an 'Integrated Management Plan for the North Sea 2015', that
includes a 'Spatial Planning Policy Framework' directed toward economically efficient use of
their marine space. The coastal Länder in Germany recently extended their spatial planning
competencies to the territorial sea (TS), while the Federal Spatial Planning Act has been
amended to extend national sectoral competencies (including MSP) to the exclusive
economic zone (EEZ). The United Kingdom enacted the Marine & Coastal Access Act in
2009. The UK system has opted for an ‘Ecosystem Management’ approach to reconcile and
integrate conservation goals with the full range of demands placed on the marine
environment to meet economic and social needs.
Maritime Spatial Planning is a practical tool to make marine conservation a reality. In many
countries, specific nature conservation legislation that affects the marine area is currently
made of regimes that are primarily terrestrial in focus but which have been extended to the
marine realm. Maritime spatial planning that is coordinated among all sectors and users of the
marine area can help achieve marine nature conservation goals and objectives without
limiting future economic development and facilitate the necessary designation of marine
conservation areas which are essential to sustainable fisheries in addition to more general but
critical biodiversity benefits.
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
MSP can provide greater certainty to developers concerning potentially acceptable
locations for different types of development;

MSP allows for early identification of potential conflicts, and therefore a chance to
resolve them, between industries and between development and important wildlife
areas. MSP can offer transparency in both human and environmental impacts and
enable potential conflicts to be identified and resolved at the planning stage, rather
than at a later stage when considerable investment has been made for individual
proposals or damage to the environment is irreversible, and;

MSP allows a more strategic approach to management in that it would improve our
understanding and consideration of the cumulative and combined effects between
different activities and the environment itself. This understanding allows planning
pro-actively, rather than just reacting to applications, changes and situations.
Irish Times, February 13th, 2013
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10. Key Principles of Maritime Spatial Planning
It is recommended that the key principles of a MSP for Ireland are as follows:
1. MSP should be implemented as a legally-binding process with the purpose of
achieving sustainable development of the marine environment for the common good;
2. An ecosystem based management approach should be implemented to maintain the
marine ecosystem in a healthy, productive and resilient condition so that it can
provide the goods and services people want and need.
3. MSP should be developed, in Ireland, at the national scale taking full account of the
fact that Ireland’s marine waters form part of a broader region and sub-region set out
in the Marine Strategy Framework Directive
4. A statutory marine and coastal zone plan-making body should be established and
empowered as the guardian of the MSP and management process;
5. Public participation should be fully integrated into the MSP process in a systematic
manner and, in line with Ireland’s recent ratification of the Aarhus Convention,
should be wholly consistent with all aspects of that including review of decision
making;
6. MSP should plan for the long term, i.e., 20 years, with mechanisms established to
measure and monitor key indicators and which can trigger adjustment and review if
required;
7. MSP should be used to identify preferred locations for future development for specific
sectors (zoning) with flexibility to incorporate changes in technology, science and
economics.
8. MSP should be fully integrated into the statutory land-use planning system.
11. Legislative Framework
A comprehensive legal basis for MSP will provide a more strategic, integrated and forwardlooking framework for all uses of the sea, taking social and economic benefits into account,
while nature conservation commitments are placed at the heart of planning and management.
Ireland has a comprehensive and well established terrestrial land-use planning system. It is
therefore recommended than an analogous statutory sea-use planning system is adopted with
broadly similar characteristics to the terrestrial system. The statutory sea-use planning system
should incorporate the three central elements of the land-use planning system i.e. Forward
Planning, Development Management & Enforcement.
While much can be learned from the terrestrial land-use planning system there are some
important differences when managing the marine environment. First, the marine area is
dynamic in nature, and multiple uses of the same location, simultaneously, or during different
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times or seasons will occur more that the norm on land. Second, the sea is generally a public
rather than a private resource.
Recommendations
1. Taking International Leadership
Ireland, with its major marine and coastal area, should take the international lead in UN, EU,
OSPAR and all other levels on mitigating climate emissions, ocean acidification and
biodiversity loss. This requires advocacy for the overall environment on which social and
economic structures depend.
2.
Marine Conservation Areas
The Marine Group of Environmental NGOs, formed under the Irish Environmental Network,
has supported the designation of an ecologically coherent network of Marine Protected Areas
(MPAs). Ireland has the potential to take a lead international role in marine conservation
through the designation of these sites in order to maintain the integrity of our marine
ecosystems. This network would significantly exceed the number of marine SAC’s
designated by the NPWS by combining NATURA 2000, Ramsar sites, Marine Conservation
Zones and NHA’s. MPA’s would enjoy a similar level of protection from exploitation and
development as SAC’s and SPA’s and could be promoted by the tourism sector as marine
parks or nature reserves. The designation of a network of MPAs would strengthen the view in
the public mind that marine ecosystems can be as complex and valuable as any on dry land.
Careful planning and management could ensure that every sector, from fishing to tourism,
will benefit.
3.
Application of Maritime Strategy Framework Directive in Ireland with the
Marine Management Agency
The MSFD provides the structure for a science based and eco-system based approach to the
marine environment at both plan and programme and individual consent project stage. This
will be complimented by the emerging Directives on Maritime Spatial Planning and
Integrated Coastal Zone Management.
4.
Regulatory and Consent Regime
The relation of a new Marine Management Agency to the integrated regulatory and consent
regime required needs to be addressed.
The vetting of Strategic Environmental Assessment (SEA) for individual marine sectors and
Departments and determination of consents and appeals for individual projects requires an
independent statutory body with provision for appeal.
The Planning and Development Act 2000 expanded the role of An Bord Pleanala over EIA
level infrastructure previously determined by Department if the Environment, Heritage and
Local Government. The functions given to the Board have expanded since including
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determinations for direct applications for infrastructure under the 2006 amendments to the
2000 Act, including port development and terrestrial power plants and energy generation.
There is obvious precedent to extend consent powers to a unified Marine Consent Authority
to include foreshore development, aquaculture, oil and gas drilling and installations, and
ocean, wind, wave, hydro or biomass energy.
Enforcement and condition compliance monitoring also present a major challenge as the
major failing in the current terrestrial planning regime is the lack of integration between An
Bord Pleanala as planning consent agency for major projects and enforcement which is left to
remain unsatisfactorily with local authorities.
It is important to establish agency independent of Government Departments to:
1. Enforce all legislation affecting the marine area.
2. Designate Marine Protected Areas.
3. Develop Maritime Spatial Plans and Integrated Coastal Zone Management
Plans.
4. Co-Ordinate marine scientific research.
5. Co-ordination with Water Framework Directive in achieving of GES for
coastal and estuarine waters including nitrate levels.
6. Provide full stakeholder consultation and access to information.
7. Sea fisheries regulation and enforcement.
8. Emergency planning co-ordination.
5.
Marine Environmental Fund
Those profiting from the marine environment should be required to contribute to a dedicated
environmental fund that can be used for a number of environmental schemes such as observer
and license enforcement schemes, construction of coastal erosion mitigation measures,
development of better selective fishing gear etc. This contribution would be used exclusively
for the protection of our coastlands and marine environments. This fund could also be used to
remove abandoned and defunct infrastructure such as old aquaculture trestles and cages.
These issues will provide a major source of engagement for environmental NGOs and all
concerned with the marine sector.
Further Considerations
has been published by Sustainable Water Network
(SWAN), April 2013: ‘The Marine Strategy Framework Directive in Ireland:
Requirements, Implications & Opportunities for Environmentally Sustainable Management of
Our Marine Waters’.
A
significant
document
This sets out detailed considerations on the MSFD and sets out 51 recommendations. It may
be viewed on the SWAN website:
http://www.swanireland.ie/wp-content/uploads/2011/02/SWAN-MSFD-Report.pdf
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