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Offshore Specialists Green Rebel Welcome Bill to Simplify Ireland's Planning System

13th December 2022
First look - Sir Roger Casement
Green Rebel's survey vessel 'Roman Rebel' in Cork Harbour

A Cork-based data company providing site investigation services to the offshore wind sector has welcomed moves to expedite the planning process for developments in Ireland. However, Green Rebel says there would be further opportunities for Ireland if the government learned from the Netherlands and coordinated all site studies for offshore developments. 

Green Rebel has also called for early involvement and input from fisheries and other marine stakeholders regarding offshore wind developments and the creation of designated wind farm zones.

The Cabinet is expected to approve the Planning and Development Bill when it meets today. The bill, which is set to be published in January, will place strict time limits for judicial reviews in a bid to avoid lengthy legal delays to construction projects. It will also allow for the creation of a Planning and Environmental Court to speed up decisions.

The Netherlands Enterprise Agency assesses designated wind farm zones as part of efforts to attract energy companies to build wind farms in their waters. The Ministry of Infrastructure and Water Management then determines the conditions under which an operator can build and exploit a wind resource, including the ecological regulations and impact on other users.

Green Rebel was recently invited to the Netherlands by their national enterprise agency along with twenty other country representatives to learn about the Dutch approach.

Kieran Ivers, CEO of Green Rebel said, “The new Planning and Development Bill recognises the need to accelerate the planning process and is very much welcome as we all strive to move away from our dependence on fossil fuels. In order to speed up the process further, I would like to see the Dutch approach adopted in Ireland and for the assessment of wind farm zones to be carried out by government-appointed companies. This includes acquiring general information, details of unexploded ordinances and archaeology as well as the geophysical, geotechnical and meteorological and ocean surveys. All of this data will then be owned by the state. It’s vital too that fishers and other marine users are at the table especially if designated zones are created for wind development. We believe that the input of all stakeholders will lead to much better outcomes for everyone.” 

Kieran Ivers, CEO of Green RebelKieran Ivers, CEO of Green Rebel

Kieran Ivers added, “The Dutch approach to de-risking the application process for developers has the additional benefits of considering the national wind resource as a whole. This enables the Netherlands to determine how best to develop the accompanying infrastructure such as the electrical grid to bring the energy from turbines to shore, or the port development needed to service such developments. Ireland doesn’t need to re-invent the best approach to how we understand our national wind assets; of course the solution for a windy island on the coast of Europe is different, but the European policy context is similar as are the players in this sector. They would get confidence from a regime that they’re familiar with.”

Green Rebel is headquartered in Cork and has a team of over 80 scientists, chemists, engineers, ecologists, vessel crew and business practitioners across multiple locations in Cork and Limerick. It offers offshore wind developers an end-to-end set of data services that extend from acquisition, processing, interpretations and reporting, with their fleet of purpose-built vessels, aircraft, floating LiDAR buoys and in-house team of scientists and industry experts.

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Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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