North West Forum Overview of Foreshore Consents Process

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North West Forum Overview of Foreshore Consents
Process

• January 2009

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Foreshore

• From the High Watermark out to 12 Nautical Miles
  (22.24 kilometres)
• 39,000 Square Kilometres
• 57 of the Size of the 26 County Land area

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• The Foreshore Acts, 1933 to 2005, require that a
  lease or licence must be obtained from the
  Minister for Agriculture, Fisheries and Food for
  undertaking any works or placing structures or
  material on, or for the occupation of, or removal
  of material from, State-owned Foreshore.
• The consent of the Minister is also required for
  development on privately owned Foreshore. 

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FORESHORE REGULATION
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• FORESHORE REGULATION
• 1933 Foreshore Act as Amended
• Activities on or impacting on the Foreshore
  Require a Foreshore Licence/Lease
• Windfarms
• Piers
• Marinas
• Housing Projects
• Industrial Developments
• Swing Moorings
• Slipways
• Private Housing
• Covers All Areas From Major Harbours to Small
  Isolated Inlets/Bays.

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FORESHORE CONSULTATION PROCESS
FORESHORE Application
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• Foreshore Licence granted to Shell in 2002 in
  respect of Pipeline crossing the Foreshore
• Pipeline incorporates discharge pipe and control
  umbilical
• Licence not activated at the time

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• Mediation process initiated
• Shell agreed to examine potential for revised
  route on land
• Route from the well-head across Foreshore to
  landfall at Glengad remained unchanged

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• 2002 Licence contains a clause (5.1) requiring
  Ministerial consent to commencement of
  construction
• It also contains a special condition requiring an
  Environmental Management Plan (EMP) to be
  submitted by the applicant
• The EMP must be approved by the Minister prior to
  consent being granted to commencement of works

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• An updated EMP was submitted and assessed by the
  Departments Technical Advisors and National
  Parks and Wildlife Service
• Following assessment the EMP was approved
• Ministerial Consent was granted for partial
  activation of 2002 Licence, i.e. to allow
  construction of the pipeline from Glengad seaward

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• Construction of the pipeline on an alternative
  route on any part of the Foreshore would require
  a new Foreshore application.

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Site Investigations

• Site investigations require Foreshore Licence
• Two Licences issued to Shell in respect of Site
  investigations

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• Proposed 2009 Landfall Works
• Updated EMP Received
• Undergoing Assessment by DAFF Technical advisors
  and NPWS