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A review of national and local spatial policies which influence

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A review of national and local spatial policies which influence Powered By Docstoc
					    A review of national and local spatial
   policies which influence fragile estuarine
      ecosystems (Cork Harbour and the
              Shannon Estuary).



             Community Initiative INTEREGG IIC
                 Atlantic Area Programme



                            LOSPAN
                   Phase 1 Report - August 2000.




Coastal Resources Centre
National University of Ireland
Cork.


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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           1
                                   Contents


·     Section 1                                                      Page
-     Introduction                                                     3


·     Section 2
-     Spatial Issues in the Shannon Estuary and Cork Harbour           4


· Section 3
- National and Local Legislation and Policies                          11


3.1    Agriculture                                                     11
3.2    Employment                                                      19
3.3    Water Quality                                                   24
3.4    Tourism and Recreational Use                                    38
3.5    Land Use and Development                                        47
3.6    Fishing                                                         66
3.7    Human Health                                                    78
3.8    Atmospheric Emissions                                           80
3.9    Conservation                                                    85


· Section 4
- Key Regulatory Stakeholders                                          94




References                                                             96




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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           2
Section 1- Introduction

Local Spatial Planning (LOSPAN), and its impacts on fragile estuarine ecosystems, is an INTERREG
IIC project, funded by the EU under the Atlantic Area Operational Programme. The Atlantic Area
Operational Programme has objectives of delivering economic and social cohesion, sustainable
development and greater competitiveness of the area. Sustainable development can only be delivered
through effective planning. To be truly effective, planning must be integrated across the sectors and
co-operation maximised.

The project focuses on the use of spatial planning policies to protect the resources of fragile estuarine
ecosystems, (Cork Harbour and the Shannon Estuary in Ireland; Exe and Teign Estuaries in the UK;
and the Baie de Morlaix in Brittany). Project partners include: Devon County Council, Teignbridge
District Council, and the Environment Agency, UK; Coastal Resources Centre, Ireland; Pro-Aqua Baie
de Morlaix and Conseil General Cotes d'Amour, France. This report focuses on Cork Harbour and the
Shannon Estuary, which were selected by the authors as case studies for Ireland.

Phase 1 Objective: To determine which Spatial Policy(s) may influence fragile estuarine areas.

The spatial issues identified in Cork Harbour and the Shannon Estuary are outlined in Section 2 under
the following categories: agriculture, employment, water quality, tourism and recreational use, land use
and development, fishing, human health, atmospheric emissions and conservation.

National and local legislation, and spatial planning policies with an impact on Cork Harbour and the
Shannon Estuary, are described in detail in Section 3. Spatial policies on European and international
scales were compiled by the Devon partners, due to the overlap in policies between the partner
countries at this level.

Finally, section 4 outlines the key regulatory stakeholders with an involvement in the two estuarine
areas.

The authors have identified a vast array of spatial policies; however this is not an exhaustive list. New
spatial policies will be included as and when information becomes available on them e.g. The National
Spatial Strategy due for publication by the Department of the Environment and Local Government; The
National Biodiversity Plan to be published by the Department of Arts, Heritage, Gaeltacht and the
Islands.




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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
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Section 2 - Spatial Issues in Cork Harbour and
the Shannon Estuary

The Shannon Estuary
Introduction
The Shannon Estuary is the largest estuary in Ireland, with a length of approximately 100km from the
tidal limit (i.e. Ardnacrusha hydroelectric power station) to the mouth at Loop Head (Boelens, et al.,
1999). The estuary incorporates the main coastal counties of Clare, Limerick and Kerry. The waters of
the Shannon are deep and sheltered allowing the use of large vessels. The surrounding topography is
flat, which encourages development of industry requiring access to deep-water facilities (Price
Waterhouse Coopers, 1998). The total catchment area of the River Shannon is 16,806km2 while that to
the freshwater limit at Limerick is 11,903 km2 (Bowman, 1998). Its length is 250km and it is one of
the largest river systems in Europe (Boelens, et. al., 1999). Limerick, the capital of the Shannon
Region, is the third largest city in Ireland (Dublin and Cork are the first two) with a population of over
75,000. The Shannon Region has a population of nearly 400,000 people (Ireland’s Shannon Region,
Tourism website http://www.shannon-dev.ie/tourism/holidays/usefulinfo.asp).           The inner estuary
including the Fergus estuary has the largest expanse of mudflats in Ireland, supporting internationally
important numbers of wintering and migrating waders and wildfowl. A resident group of bottle-nose
dolphins (Tursiops truncatus) are present in the estuary, the only known resident population of
dolphins in the Republic of Ireland (Nairn, et. al., 1997). The Shannon estuary has two Blue Flag
Beaches both located on the shores of the outer estuary (Ballybunion, south shore and Kilrush, north
shore). Kilrush Creek Marina is a Blue Flag Marina (An Taisce, 1999).


Agriculture
Agriculture is the principal activity in the River Shannon catchment (Bowman, 1998). The main land
use of the Shannon estuary is dairy and pasture. West of the Fergus estuary the land is best suited for
extensive grazing. East of the Fergus estuary and towards Limerick, the soil is suitable for both tillage
and pasture. Grassland is the main land type, oats being the most important corn crop, a reflection of
the high humidity and rainfall in the area. To maintain rural communities and ensure balanced
economic development in the Shannon estuary region, it was recognised that there was a need to
promote alternative farm enterprises, e.g. deer farming, bloodstock and a range of tourist-related on-
farm activities (Shannon Development, 1989). The importation of animal feedstuffs and fertiliser and
the export of meat comprised most of the trade of the main ports of the estuary (48% of trade: as in
Shannon Development, 1989). Along the Clare coastline of the estuary it has been noted that land
under severe pressure from development is the same land that has the greatest agricultural potential
(Clare County Development Plan, 1999).


Employment
The main employment sectors of the Shannon estuary are in manufacturing industry (electronic
engineering and metals), natural resource development, tourism, port activities, maritime international
services and construction (Shannon Development, 1989). Apart from Dublin, Cork Harbour and the
Shannon Estuary employ the largest numbers of people in manufacturing and services (Boelens, et. al.,
1999).


Water Quality/Pollution
The estuary acts as a major zone of passage for many species of fish including salmon, trout and eel.
The water quality within the estuary therefore, has to meet the standards required for proliferation of
larval, juvenile and adult stages of these species. The water quality should also be of sufficient quality
to meet the requirements of the aquaculture sector (including oysters, mussels, clams etc.). The local
authorities of the Shannon estuary i.e. Limerick, Kerry and Clare County Councils and Limerick

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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           4
Corporation developed a water quality management plan for the Shannon estuary. The main aims of
this plan include:

1.      Protection of zones of passage of migratory fish.
2.      Protection of potential mariculture sites.
3.      Maintain satisfactory water quality for the development of eggs and juveniles of commercial
        sea fisheries.
4.      Maintain water quality for bathing purposes.
5.      Protection of wildfowl using intertidal mudflats as feeding areas.
                                                                         (Shannon Development, 1989).

A major catchment monitoring and management system for the River Shannon catchment is being
developed and will include an extensive water quality monitoring programme (Bowman, 1998).

The Limerick Main Drainage Scheme managed by Limerick Corporation is currently underway for foul
and surface water drainage (Limerick Corporation Development Plan, 1998). This should have a
significant impact on the water quality of the Shannon Estuary.


Tourism and Recreational Use
Shore angling occurs in the outer estuary from the many headlands and rocky shores, deep-sea angling
also occurs in the outer estuary where boats are available from Kilrush. Beaches are more abundant in
the outer estuary as the inner sections comprise mostly of saltmarsh and mudflat environments.
Various water sports are carried out from Kilrush and two sailing clubs are present, one at Tarbert and
one at Foynes. Eco-tourism has increased in popularity in more recent years. Much investment has
been placed in the whale and dolphin-watching business. Bird watching has increased in popularity in
the area also, however there is a serious need for improvement of facilities for this type of leisure
activity (Nairn, et. al., 1997).

Shannon Development is today Ireland's only dedicated regional development company. The
company's brief is to develop industry, tourism and rural development in the wider Shannon area,
known as the Shannon Region (http://www.shannon-dev.ie/tourism/holidays/role-sd.htm#profile).
Since 1990, Shannon Development has pro-actively assisted total investment in the Shannon Region of
£380m or 19% of the total investment in the Irish tourism projects. The section has also been involved
in the formulation of a number of tourism strategies and programmes and has extensive international
tourism consultancy experience (http://www.shannon-dev.ie/tourism/holidays/tour-inv-opp.htm).


Land Use and Development
Limerick, Ennis and Shannon are the three main urban hubs of the estuary. North Kerry and west
Limerick are mainly rural regions with small local urban centres distributed every 15 to 25km. The
south-west Clare region is also an area of low population density and low income agriculture (Shannon
Development, 1989).

The Shannon estuary has several large industrial developments. There is a deepwater port located at
Foynes and smaller vessels can navigate the upper estuary to Limerick dock. The outer estuary
facilitates two large electricity generating stations i.e. Tarbert and Money Point. There are several
industrial jetties in the estuary and more recently a marina was constructed at Kilrush, in the outer
estuary (Boelens, et. al., 1999). Shannon Airport has a shipping jetty on the estuary. The Shannon
estuary ports facilitate the largest vessels entering Irish waters (Nairn, et. al., 1997). The Shannon
estuary possesses heavy industries such as an aluminium plant and has potential for industry requiring
deep water port facilities (Boelens, et. al., 1999).


Fishing
The estuary is a very important area for fisheries and aquaculture. It is a main passage for migratory
salmon and trout. Salmon netting occurs in all parts of the estuary during the summer apart from at the
mouth, where an important herring spawning ground occurs this area is also used for whitefish
trawling. Eel netting is practised in the inner estuary.

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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           5
Lobster and crab pot fishing is common practise in the outer region of the estuary. Aquaculture has
become more important in recent years with main concentration on oyster culture, again in the outer
estuary (Nairn, et. al., 1997). In general the aquaculture potential of the Shannon estuary is largely
unexploited. This has been partly due to high currents and sediment loads in the estuary, also the
uncertainty of the effects of heavy industry on the water quality. More recently environmental
designations have had an influence on the development of aquaculture in the estuary. It is estimated at
having the potential to expand its oyster production up to 4,000 tons over a ten to twelve year period,
from approximately 439 tons in 1997. There is also room for expansion of the mussel industry
(Galway Aqua Consulting Ltd., and ADC, 1998). Recently it has been thought that hot water
discharged from the generation stations may be favourable for the growth of species requiring higher
water temperatures such as turbot, abalone, eels and sea urchins (O’Connor et al., 1996). The estuary
could also expand into the cultivation of species for the angling sector. It is thought that development
of the aquaculture potential of the Shannon Estuary over the next ten years could provide over 500
jobs. (Galway Aqua Consulting Ltd., and ADC, 1998).


Atmospheric Emissions
Air quality monitoring is carried out by the county councils of Clare, Kerry and Limerick and the
general quality of the air in the estuary is good (Shannon Development, 1989). The use of smokeless
fuel is encouraged by Limerick Corporation to reduce pollution levels. Smoke and sulphur dioxide are
continually monitored by the corporation (Limerick Corporation Development Plan, 1998).


Conservation
In 1999, the Lower River Shannon area of county Limerick was selected as a Special Area of
Conservation due to the presence of a diverse range of habitats including: saltmarsh, mudflats, floating
river vegetation, freshwater Pearl-mussel (Margaritifera margaritifera), Bottlenose Dolphin (Tursiops
truncatus) and Lampreys (Petromyzon marinus).
(From DoAHGI website: http://www.irlgov.ie/ealga/SACs/Limerick/limerick_1.htm).




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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           6
Cork Harbour

Introduction

Cork, the largest county in Ireland, has a coastline that extends for 1,118km along the south coast. The
Cork coastal region has a dense population of 271,649 (Boelens et. al., 1999). Cork Harbour, one of
the finest natural harbours in the world, consists of deep outer channels, with extensive areas of
mudflats around Lough Mahon, the Douglas Estuary and the North Channel, Lough Beg, Saleen,
Rostellan and Whitegate. The entire Cork Harbour area is of major international importance with
respect to waders (20,000) and wildfowl numbers (5,000), mainly present between September and
April, and supported by these mudflat areas. Cork Harbour hosts the largest number of wintering birds
of any area on the east and south east coasts of Ireland. Cork Harbour is designated as both an SPA
and a Ramsar site. Great crested grebe (Podiceps cristatus) occur in nationally important numbers in
Cork Harbour in winter. Great Island Channel within Cork Harbour is a conserved mudflat and
saltmarsh site and is also very important for wildfowl and wintering shelduck (Tadorna tadorna; in
quite significant numbers 1,500; one of the largest flocks of shelduck in the country). Adult grey seals
(Halichoerus grypus) are occasionally spotted between Ballycotton and Power Head to the east of Cork
Harbour. Common seals (Phoca vitulina) and bottlenose dolphins (Tursiops truncatus) are
occasionally sighted in the harbour. Cork Harbour has great significance in the water based tourism
industry, with sailing, windsurfing, shore angling and water skiing occurring practically throughout the
year.

The Port of Cork is the second most important port in the republic of Ireland and offers a broad range
of services, including conservancy, shipping agency, stevedoring, freight forwarding, warehousing,
haulage and general freight management. These activities mean that Cork provides significant
economic contribution to the southern half of Ireland. The Port of Cork is a natural sheltered
deepwater port, strategically situated in close proximity to the main shipping lines to Northern Europe.
It handles all five shipping modes: roll-on roll-off, lift-on lift-off, dry bulk, liquid bulk and break bulk.
As well as being the shortest ferry crossing to mainland Europe, the Port of Cork is the only Irish port
that provides direct, scheduled lift-on lift-off and roll-on roll-off services to the continent (Port of Cork
Yearbook, 1999).


Agriculture
Excessive nutrient loading from the River Lee is an ongoing problem especially in spring and summer,
leading to algal blooms. The eutrophication (the process by which a body of water becomes
excessively rich in dissolved nutrients resulting in increased primary productivity that can lead to a
deficiency in dissolved oxygen) is mainly due to the intensive farming that is practised in the large
catchment of the River Lee (Cork City Development Plan 1998).


Employment
Cork Harbour contained the largest number of heavy industries in the country (such as metal work and
vehicle manufacture) prior to the 1980s recession. Today there are still a number of heavy industries in
the harbour including those of the steel industry and fertiliser production plants. Heavy industries that
were closed down in the 1980s have now been replaced by the largest collection of chemical companies
in the country. Located mainly in the Little Island and Ringaskiddy regions of the harbour, there are
thirteen companies in total concentrating in the fine chemical and pharmaceutical trades. The harbour
also contains Ireland’s only oil refinery situated at Whitegate (Boelens, et. al., 1999). From the City
Docks Integrated Area Plan (Cork Corporation, 1998), the city docks has been recognised as having the
potential to provide employment for people from other areas of the city which suffer severe
unemployment.




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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           7
Water Quality/Pollution
The water quality of the River Lee, flowing through Cork City and into the harbour is monitored
regularly. Water quality has improved over the past twenty years due to the installation of interceptor
sewers, which channelled the sewage down stream. The BOD (Biological Oxygen Demand) load
discharged into the estuary from industry has also reduced over the years. However there was still a
necessity to improve the quality of the water in the upper harbour regions (Cork City Development
Plan 1998).

In compliance with the E.U. Wastewater Directive and the Government Environmental Action Plan,
Cork Corporation was obliged to construct a main drainage system for the city before the end of the
year 2000. In 1998 therefore, it embarked on one of the largest engineering and environmental projects
undertaken by a local authority in Ireland. In a £144 million scheme, the aim is to improve the water
quality of the harbour by treating waste water from Cork City, the Tramore Valley, Little Island,
Glounthaune and Glanmire to a very high quality (http://www.corkcorp.ie/maps/drainage.html). It is
the view of some that the Cork Main Drainage Scheme, may lead to a reduction in bird numbers
through the elimination of some of the organic load in the harbour (Smiddy, 1999).


Tourism and Recreational Use
The principal objective of the regional tourist board, as stated in the Cork/Kerry Regional Tourism Plan
1999-2006, is that of promoting the development of the tourism industry in order to achieve the key
economic and social objectives while ensuring that the environmental, cultural and social assets of the
region are undiminished (Cork Kerry Tourism, 1999).

The cruise market is of great significance to the harbour (in Cork Kerry Tourism report of 1999,
estimated at £8 million in 1996). This sector is developing rapidly and associated facilities and
services related to the development of this market will be encouraged by the Cork/Kerry Tourism
Board over their 1999 to 2006 plan. Once the Cork Main Drainage Scheme is completed, there will be
increased potential to develop water-based activity downstream on the River Lee from Cork City (Cork
Kerry Tourism, 1999).

The tourist attractions within Cork Harbour tend to operate as free-standing attractions with little
interaction between each other. There is a need therefore, to increase the level of interaction, so that
visitors remain in an area for a number of different attractions rather than just passing through for one.
Increased interaction plus better linkage between attractions would accommodate the development of
economically viable secondary attractions (County Development Plan, 1996).                    Cork Land
Use/Transportation Study (1992) discussed the linking of various attractions and resources around the
harbour by a tourist oriented water transport service. Water transport could be used as a major link
between existing attractions and developing attractions thus promoting the development of resources,
which may otherwise not benefit due to isolation.

The Irish Ferries passenger car ferry service from Cork to France, is a major traffic corridor into the
Cork and surrounding regions from mainland Europe. The restoration of this service is essential to
maintain this valuable source of investment in to the Cork and surrounding regions (Cork Kerry
Tourism, 1999).

One main issue in relation to marinas is the need to manage their demand within the harbour (County
Development Plan, 1996). Ford Cork Week, which is held in Crosshaven (in the west of the harbour)
every second summer, is one of the most significant sailing regattas in European waters and has a
reputation as a world class sailing event. In 1996 the total expenditure by participants to the event was
almost 1.4 million pounds (Shields et. al., 1997). This figure has no doubt increased since then. The
Royal Cork Yacht Club based in Crosshaven, has the title of the oldest yacht club in the world.

Land Use and Development
The Port of Cork is Irelands primary industrial deepwater port. There is a wide variety of industrial
activity based in the harbour. Some of the industries include: pharmaceutical, chemical, power
generation, steel manufacturing and oil refining (Port of Cork Yearbook, 1999).



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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                           8
There has been a decline in the use of the existing quays of Cork, the main reason for this is that land-
side areas are being considered for redevelopment by the existing landlords and the trade is forced to
relocate. Capacity limitations at Tivoli is an issue, as it cannot cater for larger containers, the forecast
of which is an increase in container trade. There is a loss of industrial development zoning at
Dunkettle. The shallower inner harbour cannot facilitate the larger vessels and they therefore operate at
the deepwater terminal at Ringaskiddy (Strategic Development Study: Stage 1 Report, 1999).

Ringaskiddy in the lower harbour is a significant area of industrial development. Its success is greatly
owed to the co-operation and support of the authorities and organisations involved in its development
and maintenance, including Port of Cork, Cork County Council, IDA and service providers (for
electricity, communications etc.). The co-operation and goodwill nature within the site is a promotion
of Ringaskiddy’s success as an industrial development area (Port of Cork Yearbook, 1999).

One land use issue that has received a lot of media attention, and that has caused a lot of controversy in
the area, is the issue of erecting electricity pylons in the lower harbour. To meet the requirements of
increased power demand due to the growing economy of the Cork Harbour area, the ESB (Electricity
Supply Board) submitted plans to run an additional supply of overhead lines from Aghada Power
Station (in the east of the harbour) to Raffeen. Planning permission was received for this. Locals
appreciated the need for improvement of the power infrastructure however disagreed on the proposed
route for the lines and did not accept the overland route as the best option
(www.cobhonline.com/nomorepylons/main.html). They subsequently established the Cork Harbour
Anti Pylon Group to confront these development plans, but to date, were not successful in their
attempts to alter the proposed route.

The presence of the Kinsale gas fields almost 50km off the Old Head of Kinsale, County Cork, has
resulted in the development of many exploration companies in the harbour over the last thirty years.
Some of these include companies such as: Esso, Texaco, B.P., Gulf, Chevron, Mobil and Enterprise,
among others. The harbour is very well suited to the requirements of the offshore industry as well as
having ample berthage space, accessible for supply boats at all stages of the tide (Port of Cork
Yearbook, 1999).

Fishing
The South Western Regional Fisheries Board has statutory responsibility for protection of the fishery
resource within its functional area. Cork harbour is within this area. The main fishing resources within
the harbour include: angling for salmon, trout, coarse fish and sea fish, oyster or other shellfish
applications and commercial salmon and eel fisheries. The harbour waters supply important spawning
and nursery areas for sea fish species. Draft netting operations occur in the harbour, and are located in
areas traditionally known for their salmon movement. The main salmon and trout bearing rivers are the
Owenacurra (at Midleton, inner harbour - east), the Glashaboy (at Glanmire, inner harbour - north), the
Lee (Cork city, inner harbour - west) and the Owenabue (at Carrigaline, outer harbour - west). There
are fishing clubs located on all of these channels. The South-Western Regional Fisheries Board drew
attention to a number of water quality monitoring issues which had not been adequately researched.
These included:

1.       Identification of the dispersion characteristics of the main outfalls within the harbour.
2.       With increased prosperity of the Little Island Industrial Estate, attention was needed in
         monitoring outfalls from Little Island to Lough Mahon.
3.       Each discharge area to be assigned a specific mixing zone for compliance purposes.
4.       Each combined discharge should be tested by the relevant controlling body (i.e. local authority
         or state body etc.) in relation to toxicity, fish avoidance, tainting, bioaccumulation etc.
5.       An assessment of fish movement in Cork Harbour to be carried out as means of assessing long
         term effects of changes in water quality.

                                                         (South-Western Regional Fisheries Board, 1991)

Atmospheric Emissions
Cork Corporation currently monitors concentrations of smoke and sulphur dioxide in the atmosphere,
complying with the 1987 Air Pollution Act. There have been major reductions in the smoke levels in
Cork city mainly as a result of increased use of natural gas over oil and solid fuel and the ban on
bituminous coal. Sulphate levels are generally low and well within the EU directive limits, however
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LOSPAN Phase 1 Report              Coastal Resources Centre, Cork                      August 2000
                                                 9
there were slight increases recorded following the ban on bituminous coal in 1995, possibly due to the
higher levels of sulphur in non-bituminous fuels (Cork City Development Plan 1998).


Conservation
As mentioned earlier Cork City is an important habitat for flora and fauna. The Douglas Estuary and
the western part of Lough Mahon (which is located in the inner harbour and on the south side of the
city) is designated as a Proposed NHA (Natural Heritage Area; assigned by the National Parks and
Wildlife Service). This area is important for its salt marsh, reedbed and intertidal mudflat
environments and it supports nationally important numbers of waders. This section of the Harbour is
also a Special Protection Area for Wild Birds (SPA). The River Lee is a designated Salmonoid River
under the EU Freshwater Fish Directive. This implies that there is an obligation to maintain specific
water quality standards and to control pollution in the area.
                                                              Cork City Development Plan Review 1998.

Every effort is made by the Port of Cork to grow and develop in accordance with the community. It is
port policy to ensure co-operative development and co-existence of the commercial and amenity
traditions of the harbour. The port’s lessees are obliged to invest in landscaping to reduce the negative
visual impact of individual developments within the port. Significant resources have been put into
environmental matters including:

n   Dust control hoppers at the Ringaskiddy Deepwater Terminal – the first such investment at any
    Irish port.
n   Sculpture Garden at Ringaskiddy Ferry Terminal.
n   Extensive tree and shrub planting programme.
n   Amenity/recreational slipways.
n   Fitting of noise abatement devices to cargo handling equipment.
n   Safety and fire-fighting equipment.
                                                                    (Port of Cork Yearbook, 1999)




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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          10
Section 3 - National and Local Legislation and
Policies

3.1 Agriculture
___________________________________________________________________________________

Irish agricultural policy is largely determined and constrained by the requirements of the EU Common
Agricultural Policy, and more recently by the Agenda 2000 negotiations. The national and local
policies for agriculture reflect the need to counteract changes that have occurred in the industry in
recent years, such as the decline in the number of younger people becoming involved in farming.
Many of the national policies, (National Development Plan, 2000 - 2006; Programme for Prosperity
and Fairness, 2000), focus on providing support for maintaining farming as a viable source of
employment and as a valuable way of life. Protection of the environment is also recognised as an
important issue that needs to be managed by comprehensive policies (Rural Environmental Protection
Scheme).


Level              Legislation/Policy
National           Waste Management Act, 1996
                   Genetically Modified Organism Regulations, 1994
                   National Development Plan 2000 - 2006
                   A Strategy for Rural Development in Ireland (White Paper)
                   Rural Environment Protection Scheme (REPS)
                   Code of Good Practice for the Handling, Application and Storage of Pesticides on
                   Farms
                   Southern and Eastern Region Development Strategy 2000 - 2006
                   National Scheme of Control of Farm Pollution
                   National Programme for Prosperity and Fairness
                   Statement of Strategy 1998 - 2000: A new Millennium - Setting the Challenges,
                   Developing the Strategies
                   First National Report on the Imlementation of the Convention on Biological
                   Diversity By Ireland 1998 – Department of Arts, Heritage, Gaeltacht and the Islands.
Local              County Development Plans
                   Integrated Development of the Shannon Estuary – A Strategic Study




NATIONAL LEVEL - LEGISLATION



Waste Management Act, 1996

        Description & Policy Remit
        The Waste Management Act, 1996 provides for nutrient management planning. Under the act,
        the local authority may require farmers to adopt Nutrient Management Plans in areas where
        agriculture has been identified by monitoring as a significant cause of eutrophication.

        Level
        National



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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          11
       Scale of Decision Making
       Local

       Implementation body or agency
       Local authorities



Genetically Modified Organisms (GMOs) Regulations, 1994

       Description & Policy Remit
       Under national regulations (the Genetically Modified Organisms Regulations, 1994), various
       provisions of EU directives 90/219/EEC (on the continued use of genetically modified micro
       organisms) and 90/220/EEC (on the deliberate release of genetically modified organisms to
       the environment) are transposed into national law.         The fundamental objective of the
       regulations is the protection of human health and the environment, and the Environmental
       Protection Agency, EPA is the national competent authority. The regulations provide for
       various procedural matters in relation to the contained use and deliberate release of GMOs,
       including risk assessment, notification and consent requirements, and accident procedures.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Environment Protection Agency



NATIONAL LEVEL - POLICIES




National Development Plan 2000 - 2006

       Description & Policy Remit
       The National Development Plan 2000 - 2006 launched in November 1999 allocated
       expenditure of £3.7 billion on support on the following agriculture areas:
       1. Improving farm structure
       2. Improving animal breeding, welfare, hygiene and quality
       3. Developing rural services and rural enterprise support and promotion enterprise on and
           off farms
       4. The provision of direct income support for farmers in designated disadvantaged areas
       5. Improving the environment
       6. Research, advice and training in agriculture.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government
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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          12
A Strategy for Rural Development in Ireland

       Description & Policy Remit
       The government brought forward this white paper document to articulate a vision of the long
       term future of Irish rural society, and to establish an overall policy strategy to facilitate the
       achievement of the vision goals. It covers the challenges facing rural communities, including
       an outline of strategies for improvements in agriculture.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines

       A Strategy for Rural Development in Ireland
       - The government is committed to ensuring support for the maximum number of family farms and to
           facilitating part time farming
       - Schemes of aid for investment in favour of small and low income farm families
       - Measures supporting environmental protection in recognition of the role of farmers as custodians of the
           natural resource of the countryside.
       - Continuation of early retirement and younger farmer installation schemes
       - Identification and promotion of farm-based diversification and alternative enterprises




Rural Environmental Protection Scheme (REPS)

       Description & Policy Remit
       As part of the reform of the Common Agricultural Policy agreed in 1992, three accompanying
       aid measures were adopted. These were an agri-environment programme, an afforestation
       programme and early retirement scheme for farmers. In Ireland the Agri-Environment
       Regulation is implemented through the Rural Environment Protection Scheme (REPS). REPS
       implements Council regulation (EEC) No. 2078/92. The target set in the National Sustainable
       Development Strategy, to have 30% of all farmers participating in REPS by the year 2000, has
       been achieved.

       Farmers who wish to join the scheme must stay in it for five years. They must have an agri-
       environment plan drawn up by a recognised planner, and they must comply with all the
       measures under the scheme.

       The existing scheme was closed to new entrants on 31 December 1999. Proposals for a new
       scheme for the period 2000 - 2006 were submitted to the EU Commission at end 1999.
       Details of the new scheme will be published when approval is received from the Commission.

       Level
       National

       Scale of Decision Making
       Local
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                                          13
       Implementation body or agency
       Department of Agriculture, Food and Rural Development

       Perception Guidelines
       Rural Environment Protection Scheme (REPS)
       The measure relate to:
              - Waste management
              - Grassland management
              - Protection of watercourses
              - Retention of wildlife habitats
              - Maintenance of field boundaries
              - Restrictions on use of herbicides, pesticides and fertilisers near hedgerows, lakes and streams
              - Protection of archaeological features
              - Visual appearance of the farm
              - Production of tillage crops in a prescribed fashion
              - Attendance at training courses
              - Keeping of appropriate records




Code of Practice for the Handling, Application and Storage of
Pesticides on Farms

       Description & Policy Remit
       The Code of practice for the handling, application and storage of pesticides on farms was
       produced by Teagasc. The code of practice is intended to avoid damage by pesticides to the
       health and safety of sprayer operators and to the environment.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Teagasc




Southern and Eastern Region Development Strategy 2000 - 2006
       Description & Policy Remit
       The development strategy was prepared on behalf of the combined Regional Authorities in the
       proposed new "Southern and Eastern NUTS 11 Region of Ireland". It is a single prioritised
       strategic plan designed to present a broad development strategy for the region.

       Level
       Regional

       Scale of Decision Making
       Regional


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                                          14
       Implementation body or agency
       Regional Authorities

       Perception Guidelines
       Southern and Eastern Region Development Strategy 2000 - 2006
        - The strategy for the agriculture sector must be considered in the context of the "European Model" of
       agriculture, which should be competitive, use production methods which are environmentally friendly and
       respect traditions.




National Scheme of Control of Farm Pollution

       Description & Policy Remit
       This policy aims to control farmyard pollution by providing grant aid to farmers for certain
       farm buildings, farmyards and storage facilities for silage and agricultural wastes. The rate of
       grant payable under the scheme as a percentage of approval costs is 40% in less favoured
       areas, and 35% in other areas subject to a maximum grant of £10,000 per farm. The scheme is
       nationally funded.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Farm Development Service Offices




Programme for Prosperity and Fairness (PPF)

       Description & Policy Remit
       The Programme for Prosperity and Fairness is a new national agreement, which was agreed in
       January 2000. It was seen as an important national policy development. The parties to the
       agreement included the government, and representative groups form the four 'pillars':
       employers and business groups, trade unions, farming organisations and the community and
       voluntary sector.

       With regards to agriculture, the PPF aims to promote a strong, internationally competitive
       agriculture industry while delivering real and substantive benefits to farm families and the
       wider community. To this end, commitments have been made to support on-farm investment,
       to further develop market structures in the main commodity areas, progress the animal disease
       eradication programmes, develop customer services and provide farm taxation incentives.

       Level
       National

       Scale of Decision Making
       National



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                                          15
       Implementation body or agency
       State Government



Statement of Strategy 1998 - 2000: A new Millennium - Setting the
Challenges, Developing the Strategies
       Description & Policy Remit
       This document is a statement of strategy produced by the Department of Agriculture, Food
       and Rural Development. Under the Public Service Management Act, 1997, the preparation of
       strategy statements by government departments, is now a legal requirement. The Statement
       defines a goal for agriculture:

                "To promote the development of an efficient primary agricultural sector, while
       ensuring the retention in so far as practicable, of the highest number of farm households".

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of Agriculture, Food and Rural Development

       Perception Guidelines
       Statement of Strategy 1998 - 2000
       - Pursue EU market and structural policies that promote and underpin competitiveness efficiency and
            agricultural development
       - Ensure that primary agricultural products are of high quality and meet the needs and demands of the
            consumer by implementation of regulatory controls
       - Improve productivity
       - Develop outlets for primary agricultural products by supporting the development of a competitive
            food industry


First National Report on the Implementation of the Convention on
Biological Diversity By Ireland 1998. – Department of Arts, Heritage,
Gaeltacht and the Islands.
       Description & Policy Remit
       This national report focuses on information available on biological diversity in Ireland and
       measures for its conservation and sustainable use, as well as on the steps taken for the
       implementation of Article 6 of the Convention on Biological Diversity 1996.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Government Department



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                                          16
        Perception Guidelines
        First National Report on the Implementation of the Convention on Biological Diversity By Ireland
        1998. – Department of Arts, Heritage Gaeltacht and the Islands.
        Water Pollution        Measures which have been introduced for the management of farm wastes
                               include:
                               · Research on phosphorus levels
                               · Introduction of the Code of Good Agricultural Practise To Protect Waters
                                    from Pollution by Nitrates
                               · The use of nutrient management plans at the catchment level
                               · The provision of grant assistance to farmers to aid investment in pollution
                                    control measures
        Overgrazing            The introduction of the Rural Environmental Protection Scheme (REPS) is
                               expected to aid in reducing the problem of overgrazing by sheep, which in turn
                               can cause adverse effects in aquatic ecosystems due to erosion of peat.




LOCAL LEVEL - POLICIES




County Development Plans1
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.

        Level
        Local

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Authority

        Perception Guidelines

        Kerry County Development Plan 1996 – Kerry County Council.
        Agriculture - Policy · Proposals for further development of agricultural enterprises and of related agri-
                               tourism projects will generally be permitted in rural areas.
                             · Development should comply with environmental standards and have minimal
                               impact on the environment, and minimal risk of pollution from any effluent
                               generated.
                             · Agricultural buildings in county Kerry should be designed, located and
                               constructed in such a way as to have minimal visual and environmental impact.



1
  Only those development plans which mention agriculture as a specific issue, have been reviewed in
this section.
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                                                17
       Clare County Development Plan 1999 – Clare County Council.
       Agriculture        · Development of agriculture in rural areas, unless such development has a major
                             adverse visual impact on the county.
                          · Regard agriculture as the predominant rural land-use when considering
                             competing claims of agricultural development and residential amenity in rural
                             areas.
                          · Encourage agri-tourism development provided they are compatible with the
                             environment.




Integrated Development of the Shannon Estuary – A Strategic Study
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines
       Integrated Development of the Shannon Estuary – A Strategic Study
       Forestry           The Plan states that due to the enormous quantity of flowing water and the effects of
                          this and of the gulf stream generally in maintaining land temperatures higher then
                          normal, there is clear benefit to the growing of timber in the Estuary area. Certain
                          lands on the north shore of the Estuary and in North Kerry are marginal farming lands
                          and could be put to productive use under forestry.
       Speciality Crops   The combination of climatic and soil conditions in parts of the Estuary area offers
                          significant potential for the growing of speciality crops such as flowers, bulbs,
                          decorative trees, seed and new potatoes, garlic, mushrooms, etc.
       Agri-business      To maintain rural communities and to ensure balances economic development
                          throughout the Estuary area the Plan suggests a need to promote viable alternative
                          farm enterprises (e.g. deer farming, agri-tourism etc.).




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                                          18
Ø 3.2 Employment
___________________________________________________________________________________

Policies relating to employment aim to ensure that Ireland's recent economic progress is consolidated in
a sustainable way. The prospective slowing down in the expansion of the labour force, and skill
shortage in key areas, are potential constraints on further economic and employment growth. National
employment policies aim to redress this emerging situation (National Employment Action Plan, 1999;
National Development Plan 2000 - 2006). These policies also aim to redress spatial imbalances in
regional development. At a local level, the county development plans reflect the need to increase
employment opportunities through promotion of their areas, and more specifically through improved
infrastructure developments (section 3.5).


Level             Legislation/Policy
National          National Development Plan, 2000 - 2006
                  National Employment Action Plan, 1999
                  A Marine Research, Technology, Development and Innovation Strategy for Ireland

Local             City Docks Integrated Area Plan – Cork Corporation 1998 Urban Renewal Scheme
                  County Development Plans
                  Integrated Development of the Shannon Estuary – A Strategic Study




NATIONAL LEVEL - POLICIES




National Development Plan 2000 - 2006

         Description & Policy Remit
        The recently published National Development Plan, (NDP), 2000-2006 sets out a multi-annual
        development and investment strategy for the entire country over the 2000-2006 period. In
        total it will involve an investment of IR£40.588 billion with an additional IR£6.4 billion in
        private investment. The following objectives underpin the strategy for the National
        Development Plan:

         ·   Continuing sustainable economic and employment growth
         ·   Consolidating and improving Irelands international competitiveness
         ·   Fostering balanced regional development
         ·   Promoting social inclusion

         More balanced regional development is a fundamental objective of the plan. It aims to
         address the manner in which the south and east of the country has grown and developed at a
         faster level than the Border Midlands and West (BMW Region) of the State. As a result Cork
         and its surrounding region are defined as being in the South and East Region of the Country.
         The Shannon Estuary and its surrounding region are defined as being in the BMW region.

         A key component of the government's Regional Development Policy will be the development
         of 'gateways.' Within the NDP, Dublin is seen as a National 'Gateway' while Cork, Shannon,
         Limerick, Waterford and Galway are seen as Regional 'Gateways'. For Cork and Shannon,
         their designations as Regional Gateways will promote the future growth and expansion of
         their transport infrastructures.

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                                          19
       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government


       Perception Guidelines
       National Development Plan
       - Promote employment growth in order to provide employment for all those who want employment
       - Address skills shortages in the economy
       - Promote social inclusion, with particular reference to the reintegration of the socially excluded into the
           labour force and equal opportunities
       - Strive for balanced regional development by addressing the existing and potential education, training and
           skills need of each region.




National Employment Action Plan, (NEAP) 1999

       Description & Policy Remit
       Ireland's National Employment Action Plan, (NEAP), was prepared in the context of the
       European Employment Strategy. It is Ireland's national strategy for employment and
       employability-related human resource development. The key objective of the NEAP is to
       bring about effective structural reform of the Irish labour market and to ensure that new
       employment opportunities are exploited in a sustainable way.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines

       National Employment Action Plan, 1999
       - reduce unemployment to 5% and long term unemployment to 2% by end year 2000
       - mobilise labour supply by tapping into potential pools of labour to support sustainable low inflationary
           growth
       - enhance the quality of labour supply
       - minimise the duration of short-term unemployment and prevent the drift into long-term unemployment
       - reintegrate those who are currently long-term unemployed into the labour force
       - support an increase in female labour force participation and encourage a balanced increased in net inward
           migration




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                                          20
A Marine Research, Technology, Development and Innovation
Strategy for Ireland

       Description & Policy Remit
       This document was developed by the Marine Institute to give a detailed evaluation of the
       multifaceted development potential of the marine resource, based on an exhaustive and
       extensive consultative process with official, community and commercial interests.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Marine Institute

       Perception Guidelines

       A Marine Research, Technology, Development and Innovation Strategy for Ireland
       Irelands marine resource is identified as supporting over 32,000 jobs, and offers significant potential for
       future development and job creation.
       - Water-based Tourism and Leisure is identified as a key sector with the potential to create jobs in more
            disadvantaged areas.
       - The Marine Food sector is identified as a vital natural resource-based industry, which needs to be
            properly managed in order to achieve its potential of providing sustainable wealth and employment.
       - A primary aim of this Strategy is to increase this sectoral turnover to £400 million over a 5-year
            period, and to increase employment in the sector by 1.100 jobs.




LOCAL LEVEL - POLICIES




City Docks Integrated Area Plan – Cork Corporation 1998 Urban
Renewal Scheme
       Description & Policy Remit
       A number of key development issues, which would ultimately benefit the city, were
       recognised for the city docks area. Re-organisation of the docks and general development of
       the area would provide opportunities for waterfront developments, improvements of the
       transport infrastructure around the dock area and improve the overall economic quality of the
       city docks.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authorities (Cork Corporation)


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                                          21
        Perception Guidelines

        City Docks Integrated Area Plan – Cork Corporation 1998, Urban Renewal Scheme
        Employment          - It was recognised that the city docks could provide employment for people from
                                other areas of the city, which suffer severe unemployment.




County Development Plans2
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.

        Level
        Local

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Authority

        Perception Guidelines

        Cork County Development Plan 1996
        Employment:          Despite having one of the country’s major fishing ports, a developing aquaculture
        strategic issues     industry, and a number of important fishing rivers, these activities employed less
                             than 2% of primary sector workers in Cork in 1986. Aquaculture requires the
                             development of landing and depuration facilities, and local research capacity with
                             regards to management and disease control needs to be developed further.
        Cork City Development Plan Review 1998
        Socio-Economic     A high-profile marine centre, possibly located in the City Centre, could help attract
        Strategy           demand for marine products and services to the Cork area.
        Clare County Development Plan 1999
        Employment         It is the policy objective of the Planning Authority to facilitate the establishment and
                           expansion of enterprises which will lead to increase employment opportunities in the
                           County.




Integrated Development of the Shannon Estuary – A Strategic Study
(Employment)
        Description & Policy Remit
        Shannon Free Airport Development Company Limited carried out this comprehensive
        strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
        surveys and studies carried out in recent years, and to include the natural and economic
        advantages of the Estuary, the potential for integrated development, the role of existing


2
  Only those development plans which mention employment as a specific issue, have been reviewed in
this section.

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                                          22
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines
       Integrated Development of the Shannon Estuary – A Strategic Study
       Employment Potential    At the time of the Plan the existing amount of “estuary dependent” employment
                               was estimated at 1,500. It was suggested that a targeted incentive and
                               promotional programme could achieve significant results in the manufacturing
                               industry, natural resource development, tourism, port activities, maritime
                               international services and construction, and the development of indirect support
                               industries and induced services.




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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          23
Ø 3.3 Water Quality and Pollution
___________________________________________________________________________________

There is an extensive amount of national legislation dealing with water quality in Ireland. Many of the
acts described in this section provide enabling legislation for policies agreed at international and
European level. Local planning policies reflect compliance with the EU Urban WasteWater Treatment
Directive, in both the Cork Harbour and the Shannon Estuary areas (Cork Main Drainage Scheme,
Limerick Main Drainage Scheme). Efforts are being made at all levels to improve water quality for the
benefit of local communities, aquatic life, and tourism and recreation.


Level              Policy
National           Dumping at Sea Act, 1996
                   Sea Pollution Act, 1991
                   Sea Pollution Amendment Act, 1999
                   Merchant Shipping (Salvage and Wreck) Act, 1993
                   Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
                   Oil Pollution of the Sea (Civil Liability and Compensation) Amendment Act, 1998
                   Environment Protection Agency Act, 1992
                   The Local Government (Water Pollution) Acts, 1977-90
                   Waste Management Act, 1996
                   Continental Shelf Act, 1968
                   Quality of Bathing Water Regulations, 1992
                   Quality of Shellfish Waters Regulations, 1994
                   European Communities (Control of Water Pollution by Asbestos) regulations, 1990
                   Harbours Acts, 1936 and 1996
                   National Development Plan 2000-2006

Local              County Development Plans
                   Cork Main Drainage Scheme – Environmental Impact Statement (Cork Corporation)
                   1992
                   Integrated Development of the Shannon Estuary – A Strategic Study
                   The Quality of Bathing Water in Ireland (1999) – Environmental Protection Agency
                   Water Quality Management Planning in Ireland (1999) – Environmental Protection
                   Agency




NATIONAL LEVEL - LEGISLATION




Dumping at Sea Act, 1996

        Description & Policy Remit
        The Dumping at Sea Act, 1996 was implemented to prohibit waste dumping in the majority of
        situations and to ensure rigorous control of residual disposals. The Dumping at Sea Act 1981
        was repealed in the 1996 legislation. The Act reinforces the protection of the marine
        environment. The act strictly regulates dumping at sea and gives effect in Ireland to the
        dumping at sea provisions of the OSPAR Convention.

        Level
        National



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                                          24
       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources

       Perception Guidelines

       Dumping at Sea Act, 1996
       - The dumping at sea of vessels, aircraft, substances and material is restricted
       - It is an offence to incinerate any substance or material in the maritime area for the purpose of thermal
          destruction other than the thermal destruction of substances or material derived from the normal
          operation of a vessel, aircraft or offshore installation.
       - The disposal of offshore installations, radioactive material, toxic, harmful or noxious substances is
          prohibited
       - The Minister for the Marine and Natural Resources may issue a permit authorising the dumping of a
          specified substance, material or vessel.




Sea Pollution Act, 1991, and the Sea Pollution Amendment Act, 1999
       Description & Policy Remit
       The Sea Pollution Act, 1991, supports Ireland’s participation in the MARPOL Convention
       for the Prevention of Pollution from Ships. The act enables the Minister for the Marine and
       Natural Resources to prohibit or regulate the operational discharge of oil or oily mixtures from
       Irish registered from anywhere at sea or from other ships in the territorial waters of the state.

       The Sea Pollution (Amendment) Act, 1999 provided the necessary statutory basis for action
       by the designated response agency (Irish Coast Guard) in implementing the Oil Pollution
       Preparedness, Response and Co-operation Convention (OPRC). It also enabled the agency to
       direct the preparation of emergency plans by others as a statutory requirement and to make the
       reporting of oil pollution incidents or potential incidents mandatory (Environment Bulletin,
       Issue 46).

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources

       Perception Guidelines

       Sea Pollution Act, 1991
       Prevention of        The discharge of oil, oily mixtures, noxious substances, harmful substances, sewage
       Pollution            or garbage from ships or pipelines is prohibited.


Merchant Shipping (Salvage and Wreck) Act, 1993
       Description & Policy Remit
       This act provides for the salvage of wrecked or stranded vessels. The salvor must carry out
       salvage operations with 'due care'. Liability of owners in respect of wrecked or stranded

___________________________________________________________________________________
LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          25
       vessels is unlimited. In addition, the state is entitled to all unclaimed wreck. Nothing can
       effect the right of the minister to take measures to protect the coastline or related interests
       from pollution or the threat of pollution which may result in major harmful consequences.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources

       Perception Guidelines


       Merchant Shipping (Salvage and Wreck) Act, 1993
       - The salvor must carry out salvage operations with 'due care'.




Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
and the Oil Pollution of the Sea (Civil Liability and Compensation)
Amendment Act, 1998
       Description & Policy Remit
       The Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988 and the Oil
       Pollution of the Sea (Civil Liability and Compensation) Amendment Act, 1998, give effect to
       the Civil Liability Convention, 1969 and the Fund Convention, 1971 and the 1976 and 1992
       Protocols thereto. The object of these acts is to ensure that oil tankers entering or leaving Irish
       ports have adequate insurance to cover their liability for oil pollution damage and to provide
       supplemental cover where insurance liability is exceeded. The recovery costs connected with
       oil pollution incidents are also covered by this legislation.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources

       Value Led Guideline

       Oil Pollution of the Sea (Civil Liability and Compensation) Act
       Limitation on         An owner who is liable for pollution damage may limit his liability in accordance
       liability for         with the act, whereby his liability for any single incident shall not exceed
       pollution damage      1. 3 million units of account*
                             2. In the case of a ship exceeding 5,00 units of tonnage, the aggregate of 3 million
                                  units of account, and an amount in respect of each unit of tonnage in excess of
                                  5,000 units of tonnage, where the amount of the owner's liability in respect of
                                  each such unit does not exceed 420 units of account.

                              * Unit of account means the unit of account of Special Drawing Rights of the
                              International Monetary Fund.
___________________________________________________________________________________
LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          26
Environment Protection Agency Act, 1992
       Description & Policy Remit
       An act to make further and better provision for the protection of the environment and the
       control of pollution, to establish an Environmental Protection Agency, for these and other
       purposes to increase certain existing monetary penalties and to provide for other matters
       connected with the matters aforesaid. The functions of the EPA, which are particular to water,
       include
       ·    the preparation of criteria for the treatment of drinking water and of sewage,
       ·    the publication of reports on drinking water and of discharges from waste water treatment
            plants,
       ·    the preparation of a national hydrometric programme.

       Where a discharge to waters is licensed by the EPA, a requirement to obtain a licence under
       the Local Government (Water Pollution) Acts does not apply.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Environment Protection Agency

       Perception Guidelines
       Environment Agency Act, 1992
       Drinking water        The quality of water intended for human consumption must be compliant with the
                             European Communities (Quality of water Intended for Human Consumption)
                             Regulations, 1988
       Hydrometric           The Hydrometric monitoring carried out by the EPA must contain information on
       Programme             levels, volumes and flows of water in rivers, lakes and groundwaters in the State.
       Licensing             The agency cannot grant an IPC for an activity unless it is satisfied that any
                             emissions from the activity will comply with any relevant quality standard for
                             waters, trade effluent or sewage effluent and standards in relation to the treatment
                             of such effluents prescribed under section 26 of the Local Government Water
                             Pollution Act, 1977
       Sewage and other       The minister may, for the purpose of environmental protection and, in particular,
       effluents              for the purpose of giving full effect to Council Directive 91/271/EEC, make
                              regulations for the collection, treatment, discharge or disposal of sewage or other
                              effluents to waters from any plant used by a sanitary authority, for the treatment of
                              drinking water, or the disposal of sewage or other effluents.
       Functions in Relation The EPA may specify procedures, for the purpose of environmental protection, in
       to Water or Sewage    relation to the management, maintenance, supervision, operation, or use of all or
       Treatment             specified class of plant, sewers or drainage pipes controlled by a sanitary authority
                             for the treatment of drinking water, or the disposal of sewage or other effluent.
                             The sanitary authority must comply with such criteria.

       Value Led Guideline
       Environment Agency Act, 1992
       Accreditation       Any laboratory which supplies environmental data to the agency must be
       scheme              accredited in accordance with the Irish Standard I.S. /EN45001: 1989 - General
                           Criteria for the Operation of Laboratories
___________________________________________________________________________________
LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          27
The Local Government (Water Pollution) Acts, 1977-90
       Description & Policy Remit
       The Local Government (Water Pollution) Acts, 1977-90 give primary, but not exclusive,
       responsibility for control of water pollution to local authorities. This Act and its amendment
       in 1990, applies to both inland and sea waters. Its general policy is to ensure that particular
       discharges or discharges containing particular substances do not endanger fish life or other
       beneficial use of waters (Scannell, 1995). Control of discharges is effected by the issue of
       licences for certain activities and anyone who discharges trade or sewage effluents to waters
       or to sewers, save under and in accordance with a licence issued by a local authority is guilty
       of an offence (O’Keeffe, 1990).

       Regulations made under these acts of special relevance to water quality include:

       -   Local Government (Water Pollution) Regulations 1978 - provide for procedural
           matters regarding licensing of discharges to waters and to sewers, appeals against
           licensing decisions of local authorities, register of licences etc.


       -   Local Government (Water Pollution) Regulations 1992 - provide for procedures in
           regard to licence applications, reviews and appeals e.g. time limits and fees. Part VI gives
           effect, in part, to the Groundwater Directive 80/68/EEC on the protection of groundwater
           against pollution caused by certain dangerous substances.

       -   Local Government (Water Pollution) Amendment Regulations, 1999 - amend Part VI
           of the 1992 regulations on the control of discharge to aquifers.

       -   Local Government (Water Pollution) (Nutrient Management Planning Consultation)
           Regulations, 1998 - prescribe the EPA for consultation purposes prior to a Local
           Authority serving a notice requiring the preparation of a nutrient management plan.

       -   Local Government (Water Pollution) (Water Quality standards for Phosphorus)
           Regulations, 1998 - give effect to certain requirements arising from the dangerous
           Substances Directive 76/464/EEC. They require periodic reporting by the EPA and local
           authorities in relation to progress in implementation of the regulations. Provide for
           specified improvements, generally over a ten year period, in water quality conditions for
           rivers and lakes with reference to phosphorus concentrations or related water quality
           classifications.

       -   Local Government (Water Pollution) (Control of Cadmium Discharges) Regulations,
           1985 - give effect to EU Council Directive 83/513/EEC on limit values and quality
           objectives for cadmium discharges.

       -   Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane
           and Mercury Discharges) Regulations, 1986 - gives effect to EU Council Directives
           84/419/EEC on Hexachlorocyclohexane discharges and 4/156/EEC on Mercury
           discharges by sectors other than the chlor-alkali electrolysis industry.

       -   Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin,
           Dieldrin, Endrin, Isodrin, HCB, HCBD and CHCL3 Discharges) Regulations 1993 -
           gives effect to EU Council Directive 88/347/EEC




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       -   Local Government (Water Pollution) Act, 1977 and 1990 (Control of Carbon
           Tetrachloride DDT and Pentachlorophebol Discharges) Regulations 1994 - gives
           effect to Council Directive 86/280/EEC

       -   Local Government (Water Pollution) Act, 1977 and 1990 (Control of EDC, TRI,
           PER and TCB Discharges) regulations, 1994 - gives effect to EU Council Directive
           90/415/EEC

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authorities

       Perception Guidelines

       Local Government (Water Pollution) Act, 1977
       General Prohibition   A person shall not cause or permit any polluting matter to enter waters. This does
       on Water Pollution    not apply to:
                              - discharge of trade or sewage effluents
                              - entry into tidal waters of any matter from vessels or marine structures
                              - any deposit authorised under section 3 of the Foreshore Act, 1933, or section
                                   48 of the Harbours Act, 1946
                              - any substance authorised under section 88 of the Harbours Act, 1946
                              - any works authorised under section 134 of the Harbours Act 1946
       Licensing of trade    A person shall not discharge, or cause the discharge of any trade or sewage effluent
       and sewage effluents to any waters except in accordance with a licence.
       Notification of       As soon as practicable after the occurrence of an accidental discharge of any
       accidental discharges polluting matter into any waters or a sewer, the person responsible shall notify the
                             local authority.
       Water Quality         Local authorities are required to make water quality management plans for any
       Management Plans      waters situated in their functional area. The plan should contain objectives for the
                             prevention and abatement of pollution of the waters.
       Quality Standards     Section 26 provides for quality standards to be prescribed by the Minister for the
                             Environment for waters, trade effluents and sewage effluents and standards in
                             relation to methods of treatments of such effluents




The Waste Management Act, 1996
       Description & Policy Remit
       This act provides for the creation of waste management plans by local authorities. Under the
       act, the local authority may require farmers to adopt nutrient management plans in areas where
       agriculture has been identified by monitoring as a significant cause of eutrophication. Local
       authorities and the Environment Agency are also obliged to monitor emissions arising from
       the holding, recovery or disposal of waste. In addition the EPA must prepare a national plan,
       referred to as the 'Hazardous Waste Management Plan'. The act also includes regulations for
       the holding, collection and movement of waste (Part IV). A 'waste licence' must be obtained
       before waste is disposed of, or recovered from a civic waste facility. It should be noted that
       from a water quality point of view, the Act applies to management of sludges but does not
       generally apply to sewage or sewage effluent or the discharge of effluent to waters.

       Level
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                                          29
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authorities


The Continental Shelf Act, 1968
       Description & Policy Remit
       This act makes provision in relation to the exploration and exploitation of the Continental
       Shelf and provides for matters connected therein. The act deals with an area geographically
       removed from estuarine ecosystems, however, it is relevant where impacts from operations in
       the Continental Shelf can be detrimental to the coastline. Section 7 makes it an offence if oil
       is discharged or escapes into the sea during the exploration or exploitation of the Continental
       Shelf.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of Industry

       Value Led Guideline

       Continental Shelf Act, 1968
       Discharge of Oil       If any oil to which section 10 of the Oil Pollution of the Sea Act, 1956, applies, or
                              any mixture containing not less than one hundred parts of such oil in a million parts
                              of the mixture is discharged or escapes into the sea, the owner of the pipeline, or as
                              the case may be, the person carrying on the operation, shall be guilty of an offence.




The Quality of Bathing Water Regulations, 1992
       Description & Policy Remit
       These regulations give effect to the Bathing Water Directive 76/160/EEC. They prescribe
       bathing water quality standards and bathing areas to which they apply. They also provide for
       sampling programmes, and the method of analysis and inspection to be used by local
       authorities to determine compliance with the standards.      The total number of prescribed
       bathing areas now stands at 130 (ENFO, 1999).

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency


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        Perception/Value Guideline
        Refer to Directive on Quality of Bathing Waters 76/160/EEC




The Quality of Shellfish Waters Regulations, 1994
        Description & Policy Remit
        These regulations give effect to the Quality of Shellfish Water Directive 79/923/EEC3. They
        prescribe quality standards for shellfish waters and designate the waters to which they apply,
        together with sampling and analysis procedures to be used to determine compliance with the
        standards.

        Level
        National

        Scale of Decision Making
        National

        Implementation body or agency

        Perception/Value Guideline
        Refer to Directive on Quality of Shellfish Waters Directive 79/923/EEC



European Communities (Control of Water Pollution by Asbestos)
Regulations, 1990
        Description & Policy Remit
        These regulations give effect to the water pollution control provisions of Council Directive
        87/217/EEC on the prevention and reduction of environmental pollution by asbestos. These
        regulations impose a general obligation to prevent the entry of asbestos to waters and specify
        the measures to be applied to certain industrial plants using asbestos. They also provide for
        monitoring of discharges.

        Level
        National

        Scale of Decision Making
        National

        Implementation body or agency



Harbours Acts, 1946 and 1996


3
   European directives may be transposed into national law either by statute (through parliament) or,
more commonly, by Ministerial regulations (which do not go through parliament). Prior to Ireland
joining the EU in 1972, the Constitution was amended and legislation passed enabling the
implementation of European Directives by way of ministerial regulations. For example, both the Birds
and the Habitats Directives have been transposed into Irish law by way of Regulations.

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       Description & Policy Remit
       The Harbours Act, 1946 endows certain supervisory and regulatory powers upon Harbour
       Masters in their respective harbour areas. Section 48 provides for the disposal by certain
       harbour authorities of material dredged from the harbour. Section 88 prohibits the putting of
       ballast, earth, ashes etc. into harbour waters unless authorised by those harbour authorities.

       Eight new port companies were established for major commercial ports under the Harbours
       Act in 1996, with effect from 3rd March 1997. Port companies have duties to enforce existing
       regulations for preventing pollution from port operations and ships in harbours, and have to
       take due regard to the consequences of their activities on the environment. Improvements in
       waste reception facilities in ports, which are being undertaken on a progressive basis by
       harbour authorities, will contribute to the practical implementation of this requirement.
       Controls under the Foreshore Acts in relation to developments proposed on the foreshore will
       address pollution issues/concerns posed by such development.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Harbour authorities


NATIONAL LEVEL - POLICIES




National Development Plan 2000-2006
       Description & Policy Remit
       The National Development Plan sets out a development strategy in the key areas of
       infrastructural development, education and training, the productive sector and the promotion
       of social inclusion. The Plan also contains a commitment and accompanying framework for
       the promotion of more balanced regional development.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines
       National Development Plan
       Water and Waste       - meet in full the requirements of the EU Urban Waste Water Treatment
       Water Strategy            Directive in relation to provision of secondary treatment in urban areas by the
                                 end of 2005;
                             - bring the quality of all public and group water supplies up to the Drinking
                                 Water Directive Standards;
                             - tackle serious pollution of rivers, and reverse and minimise slight and moderate
                                 pollution of rivers and eutrophication of lakes;
                             - protect natural resources, which are a basis for growth and competitive
                                 advantage in the tourism, food and aquaculture sectors.

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                                          32
LOCAL LEVEL - POLICIES




County Development Plans4
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.

        Level
        Local

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Authority

        Perception Guidelines

        Cork County Development Plan 1996
        Environmental       The safe and economic disposal of wastes, both domestic and industrial, is stated to
        Protection          be of prime importance to the County Council.
        Cork County Development Plan, South Area 1996
        Fota Island & The   - Stringent controls preventing colloidal suspension in washings from sand and
        Upper Harbour           gravel extraction from entering the harbour should be maintained.
                            - Cork Harbour could be proved suitable for mariculture, providing that such
                                activity can be suitably accommodated with other primary industrial uses
                                designated for Cork Harbour.
                            - Temporary extractive operations along the north shoreline are to be carefully
                                monitored and controlled to ensure that both structures and discharge will not
                                adversely impact on the channel.
        Crosshaven and Bays The Blue Flag designation for Fountainstown will only be retained through the
                            maintaining of stringent hygiene and water quality standards, necessitating the
                            provision of a public sewerage system for the area.
                            Any proposal for the upgrading of existing housing would depend on the ability to
                            comply with current standards for septic tank installations.
        Passage West        Recent improvements to the sewerage system resulted in adequate capacity to cater
                            for future developments. Also, a good water supply is guaranteed due to the
                            connection to the Cork City and Harbour Scheme.
        Cork City Development Plan Review 1998
        Main Drainage       It was the aim of the Government to eliminate discharges of untreated sewage from
                            major coastal towns by the year 2000.




4
  Only those development plans which mention water quality as a specific issue, have been reviewed in
this section.

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       Water Quality        The completion of the Cork Main Drainage Scheme is expected to have a major
       Management           beneficial effect in the quality of water downstream from the Collins / De Valera
                            bridges.
                            An ongoing joint venture between Cork Corporation, Cork County Council and
                            private industry to survey water quality in Cork Harbour is expected to help set a
                            basis for a comprehensive Water Quality Management Plan.
       Kerry County Development Plan
       Water Supply and     The Council will continue to provide water supply and sewerage schemes
       Sewage               throughout the county in accordance with the needs of particular areas and the
                            availability of financial resources.
       Limerick Corporation Development Plan 1998
       Water Quality        The Corporation shall continue to promote the Prevention of Water Pollution, and
       Management           aims to reinstate the traditional swimming locations on the River Shannon, water
                            quality permitting.
                            The Corporation aims to ensure that the water quality of the River Shannon and
                            other watercourses is maintained at a satisfactory level by the exercise of its
                            powers and duties as Sanitary Authority and Pollution Control Authority.
                            The Limerick Main Drainage Scheme managed by Limerick Corporation is
                            currently underway for foul and surface water drainage. This should have a
                            significant impact on the water quality of the Shannon Estuary.

       Clare County Development Plan
       Water and           It will be the Planning Authority’s development objective to ensure that the
       Environmental       provision of water and wastewater services by the Council is done in a coherent
       Services            and objective way in accordance with the 91/271/EEC Urban Waste Water
                           Directive and National Legislation.
       Water Resource      The Planning Authority aims to protect and preserve coastal and estuary waters,
       Protection          ground water resources and major surface water resources by resolving:
                           - To identify the catchment areas of those surface water bodies used or capable
                               of being used as major sources of potable water, and to prohibit such
                               development within those catchment areas as would threaten this resource.
                           - To protect bathing water quality and to take steps to facilitate the retention and
                               achievement of Blue Flag status for beaches in the country.




Cork Main Drainage Scheme – Environmental Impact Statement
(Cork Corporation) 1992
       Description & Policy Remit
       Cork Corporation, to comply with the E.U. Wastewater Directive and the Government
       Environmental Action Plan, was obliged to construct a main drainage system for the city
       before the end of the year 2000. Cork Corporation therefore in 1998, embarked on one of the
       largest engineering and environmental projects undertaken by a local authority in Ireland. In a
       £144 million scheme, the treatment plant, will treat domestic and industrial wastewater from
       Cork City, the Tramore Valley, Little Island, Glounthaune and Glanmire to a very high
       quality.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authorities (Cork Corporation)



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       Perception Guidelines

       Cork Main Drainage Scheme – Environmental Impact Statement (Cork Corporation)
       Water Quality     - Cork Corporation is obliged to collect and treat all sewage discharges before the
                         end of the year 2000.




Integrated Development of the Shannon Estuary – A Strategic Study
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines

       Integrated Development of the Shannon Estuary – A Strategic Study
       Water              The water quality of the Estuary must be adequate for the passage of migratory fish
                          such as salmon, trout and eels, as well as for the development and growth of fish
                          eggs and juvenile sea fish. The Estuary should also continue to provide for the
                          development of certain type of mariculture.
       Standards and      The County Councils of Clare, Kerry and Limerick, and Limerick Corporation,
       Management         together drew up a Water Quality Management Plan for the Estuary with criteria and
                          standards to provide for:
                          - The protection of the zones of passage of migratory fish – salmon, sea trout and
                              eels.
                          - The protection of areas where there is a potential for mariculture development.
                          - The maintenance of satisfactory water quality for the development of eggs and
                              juveniles of commercial sea fisheries.
                          - The maintenance of water quality for bathing.
                          - The protection of wildfowl using the intertidal mudflats as a feeding area.




The Quality of Bathing Water in Ireland (1999) – Environmental
Protection Agency
       Description & Policy Remit
       The role of the EPA is to collate the water quality results from each local authority involved
       and to compile a national report which is sent to the European Commission.


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       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Environmental Protection Agency

       Perception Guidelines

       The Quality of Bathing Water in Ireland (1999) – Environmental Protection Agency
       Criteria for which The quality of bathing waters Directive (76/160/EEC) in Ireland generally applies to
       Quality of Bathing water in which bathing is not prohibited and is traditionally practised by a large
       Water     Directive number of bathers. The Department of the Environment and Local Government
       Applies.            advised Local Authorities to make an account of a set of criteria that would assist in
                           recognising the popularity of particular areas for bathing. This criteria include the
                           following:
                           1. It should have a long established bathing tradition
                           2. an increased popularity following improved treatment of sewage discharges,
                                greater control on agricultural and industrial discharges
                           3. major beach amenity and environmental works completed
                           4. the area should be entered in the Blue Flag Scheme
                           5. facilities provided for access to the beach
                           6. facilities such as toilets, parking spaces, life guards, shops and first aid services
                                should be available
                           7. the bathing area is newly created and specially equipped.
       Water       Quality Three types of standards in assessing water quality have been established under
       Assessment          European and national legislation:
       Standards           1. Mandatory Values: values which must be observed if the area is to be compliant.
                           2. Guide Values: quality objectives that bathing areas should try to achieve.
                           3. National Limit Values: additional standards set by Ireland (applying to
                                Dissolved Oxygen, total coliforms, faecal coliforms and faecal streptococci).




Water Quality Management Planning in Ireland (1999) –
Environmental Protection Agency
       Description & Policy Remit
       The main role of water quality management planning is to ensure that the quality of waters
       covered by the plan is maintained so that existing and future beneficial uses are protected.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Environmental Protection Agency




       Perception Guidelines


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       Water Quality Management Planning in Ireland (1999) – Environmental Protection Agency
       Recommendations   Recommendations as provided in the report, for future water quality management
                         planning in Ireland.
                         - An updated methodology for the preparation of water quality management plans
                             should be produced.
                         - At a national level, water quality management planning should be practised
                             within the framework of river basin management planning.
                         - Preparation of new plans should incorporate an environmental management
                             systems approach and present measures in place which are used to address
                             specific problems should be audited as a test of their effectiveness.
                         - Groundwater and surface waters of the catchment should also be accounted for
                             in any new plans developed.
                         - Catchment Monitoring and Management Systems being developed should be
                             used as a basis for updating statutory water quality management plans.




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                                          37
Ø 3.4 Tourism and Recreation
___________________________________________________________________________________

There is no national legislation that deals directly with the issue of tourism and recreation, however
much of the legislation dealing with conservation and natural resources has a direct impact on this
industry. Government policy is to increase tourism and to achieve a wider seasonal and regional
distribution of tourists (National Development Plan 2000 - 2006). At a local level, county development
plans aim to promote tourism in Cork Harbour and the Shannon Estuary. It appears that there is scope
for further development of water based activities in each location, however, there are no specific
policies directly targeting the potential of the two estuarine areas.


Level              Legislation/Policy
National           Heritage Act, 1995
                   Wildlife Act, 1976
                   Wildlife Amendment Bill, 1999
                   European Communities (Natural Habitats) Regulations 1997
                   European Communities (Conservation of Wild Birds) Regulations 1997
                   Harbours Act, 1946
                   National Development Plan 2000-2006
                   A Marine Research, Technology, Development and Innovation Strategy for Ireland
Local              County Development Plans
                   Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
                   Special Interest Marine Tourism in the West Clare Peninsula – Marine Institute,
                   Shannon Development and Clare County Council, December 1999.
                   Southern and Eastern Region Development Strategy 2000 - 2006
                   Integrated Development of the Shannon Estuary: A Strategic Study




NATIONAL LEVEL - LEGISLATION




Heritage Act, 1995
        Description & Policy Remit
        An act to promote public interest in, and knowledge, appreciation and protection of the
        national heritage, to establish a body know as the Chomhlaire Oidhreachta (Heritage Council)
        and to define its functions.

        Level
        National

        Scale of Decision Making
        National and Local

        Implementation body or agency
        Department of Arts, Heritage, Gaeltacht and the Environment

        Perception Guidelines




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       Heritage Act, 1995
       Functions of the        The Heritage Council proposes policies and priorities for the identification,
       Heritage Council        protection, preservation and enhancement of the national heritage including:
                                - monuments
                                - archaeological objects
                                - heritage objects
                                - architectural heritage
                                - flora
                                - fauna
                                - wildlife habitats
                                - landscapes
                                - seascapes
                                - wrecks
                                - geology
                                - heritage gardens and parks
                                - inland waterways
       Heritage Buildings      The Heritage Council may consult with or advise a public authority in relation to
       Owned by a Public       the maintenance, preservation, restoration, upkeep and improvement of any
       Authority               heritage building owned by the authority




Wildlife Act, 1976 and Wildlife Amendment Bill, 1999
       Description & Policy Remit
       The principal legal framework for the protection of wildlife is contained in the Wildlife Act,
       1976. Under this act, the National Parks and Wildlife Service (NPWS) can make designations
       for Statutory Nature Reserves and Areas of Scientific Interest (see Section on Land Use and
       Development for more information)

       The Wildlife (Amendment) Bill 1999 aims to provide statutory protection for Natural
       Heritage Areas (NHAs). It will improve a number of measures, or introduce new ones, to
       enhance the conservation of wildlife species and their habitats. It will also enhance a number
       of existing controls in respect of hunting, which are designed to serve the interests of wildlife
       conservation, and introduce new powers to regulate commercial shoot operators. This may
       have an impact on these sports as recreational activities.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       National Parks and Wildlife Service

       Perception Guidelines


       Wildlife Act, 1976
       Wildlife                Provides for the protection of land, as nature reserves, where the land
       conservation and        - Includes the habitat or forms the habitat of part of the habitat of one or more
       protection                  species or community of flora or fauna being a species or community which is
                                   of scientific interest
                               - Includes or forms an ecosystem which is of scientific interest
                               and that the habitat or ecosystem is likely to benefit if measures are taken for its
                               protection.

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       Open Seasons             The minister may by order provide that open seasons for hunting, on a day or
                                period of days so specified, be permitted for certain protected wild birds and for
                                certain wild mammals.


  The European Communities (Natural Habitats) Regulations, 1997
       Description & Policy Remit
       This legislation provides for the designation and protection of Special Areas of Conservation
       (SACs) under the EU Habitats Directive (CEC, 1992), and for protection measures that apply
       to Special Protection Areas (SPAs), designated under the EU Wild Birds Directive (CEC,
       1979). The Habitats Directive has been the most important development for nature
       conservation in the EU and it provides for the establishment of a coherent ecological network
       of protected areas across the 15 member states, termed Natura 2000.

       There is a three-stage process to the creation of Natura 2000 sites.
       i)       selection of national lists of sites; due for completions June 1995; not completed by
                any Member State in 1997;
       ii)      establishment of a list of Sites of Community Importance (SCIs); completion due
                between June 1995 and June 1998;
       iii)     designation by Member States of the adopted SCIs as SACs; scheduled for
                completion between June 1998 and June 2004.

       Ireland has submitted 241 candidate SACs to the EU, 48 of which are marine SACs. The
       European Commission evaluated Ireland’s classification of sites (as of January 2000) for
       NATURA 2000 as “incomplete” for SPA classification and “notably insufficient” for the list
       of SCIs.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Dúchas




The European Communities (Conservation of Wild Birds)
Regulations, 1985, and Amendment Regulations 1986, 1994, 1994
(No2), and 1995
       Description & Policy Remit
       These regulations designated important bird areas as Special Protection Areas (SPAs) under
       Article 4 of the Birds Directive. 40 areas covering 79,000 hectares have been designated.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Dúchas


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                                          40
Harbours Act 1946
       Description & Policy Remit
       This act puts in place the procedures for the operation of harbours, including duties of harbour
       authorities.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Harbour authorities

       Perception Guidelines
       Harbours Act 1946
       Cleaning, etc, of Harbour    A harbour authority shall take all proper measures for cleaning, scouring,
       (Sect 48)                    deepening, improving and dredging their harbour and the approaches thereto
                                    and, subject to any directions which the Minister may give, shall dispose of
                                    dredged material either by depositing it at sea or in such other way as they
                                    see fit.
       Operation of the harbour     A harbour authority shall take all proper measures for the management,
                                    control and operation of their harbour and shall provide reasonable facilities
                                    and accommodation therein for vessels, goods and passengers,



NATIONAL LEVEL - POLICIES



National Development Plan 2000-2006

       Description & Policy Remit
       The National Development Plan sets out a development strategy in the key areas of
       infrastructural development, education and training, the productive sector and the promotion
       of social inclusion. The Plan also contains a commitment and accompanying framework for
       the promotion of more balanced regional development.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines




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        National Development Plan
        Tourism Marketing     The strategy to increase tourism and achieve a wider seasonal and regional
                              distribution of tourists is:
                              - to market Ireland internationally on an all-Ireland basis as a tourism destination;
                                   and
                              - international marketing of niche special interest products (e.g. angling, marine
                                   tourism);
                              - a series of training and product development measures to ensure maximum
                                   effectiveness.



A Marine Research, Technology, Development and Innovation
Strategy for Ireland

        Description & Policy Remit
        This document was developed by the Marine Institute to give a detailed evaluation of the
        multifaceted development potential of the marine resource, based on an exhaustive and
        extensive consultative process with official, community and commercial interests.

        Level
        National

        Scale of Decision Making
        National

        Implementation body or agency
        Marine Institute

        Perception Guidelines

        A Marine Research, Technology, Development and Innovation Strategy for Ireland
        The main objective as stated by the programme was “to ensure that Ireland’s marine and freshwater
        resources are developed for tourism and leisure in a manner that generates maximum public and economic
        benefit while ensuring long-term resource quality and sustainability (...). Co-operation and collaboration
        between the relevant Government Departments, environmental and fisheries agencies and tourism, leisure
        and sports development agencies, and the private sector is essential to achieve the ultimate objective –
        economic development, increased employment, and the protection of a shared natural resource”.



LOCAL LEVEL - POLICIES



County Development Plans5
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.


5
  Only those development plans which mention tourism and recreation as specific issues, have been
reviewed in this section.

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                                          42
       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines

       Cork County Development Plan 1996
       Environmental      An attractive physical environment was acknowledged to be of vital importance to
       Protection         tourism development, with the safe and economic disposal of wastes stated to be of
                          prime concern.
       Cork County Development Plan, South Area 1996
       Tourism            The situation where many of the attractions and facilities on the Harbour showed
                          very little interaction showed need to be reassessed, and the interaction between
                          facilities increased. The development of a tourist waterbus service was suggested.
       Foaty Island       Development of any part of the island should only be justified if directly related to
                          realising the potential of the island as a unique tourism, scenic and recreational asset
                          for the Cork area.
                          Active recreational and tourism developments are to be concentrated on designated
                          sites, with other potential amenity areas to be protected with a view to their potential
                          exploitation.
       Crosshaven     and Blue Flag destinations can only be retained through the maintaining of stringent
       Bays               hygiene and water quality standards, necessitating the provision of a public sewerage
                          system for the area.
                          Any proposal for upgrading of existing housing would depend on the ability to
                          comply with current standards for septic tank installations.
       Cork City Development Plan Review 1998
       Tourism            A regular and reasonably frequent tourist-orientated water transport service is seen
                          as a key to realising the amenity potential of the harbour. Bus and train links could
                          also be used to support this scheme.
       Quayside           The provision of facilities to allow yachts and boats to visit the city and major
       Amenities          outdoor events will be encouraged by both the Corporation and the Cork Harbour
                          Commissioners.
       Kerry County Development Plan
       Objectives         - It will be the objective of the Council to promote the growth of tourism as part
                                of the intrinsic economic develo9pment of the county, having regard to the
                                preservation of the amenities and the natural resources of the county and the
                                optimum use of existing services, infrastructure and facilities.
       Limerick County Development Plan
       Environment,       It is the policy of the Corporation “to promote the conservation and improvement of
       Recreation and     the Environment in a manner that benefits the resident population and 4enhances the
       Amenity            business environment upon which that population depends for a livelihood.”
       Clare County Development Plan
       Tourism            The Planning Authority recognises the importance of tourism to the Rural economy
       Development        of the County, resulting in a policy objective to facilitate tourist developments where
                          such developments are not obtrusive in the setting and are not to the detriment of the
                          environment.


Cork Kerry Tourism Regional Tourism Plan 1999 – 2006



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       Description & Policy Remit
       This Plan examines the progress made by the tourism sector over recent years, analysis the
       current position of the Region in development and marketing terms, and finally proposes a
       strategic direction for product development and marketing in the Region up to 2006.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Cork/Kerry Regional Tourism Authority

       Perception Guidelines

       Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
       Infrastructure       The restoration of the Irish Ferries service to France is thought to be essential to help
                            increase the volume of traffic coming directly into the Region from Mainland
                            Europe.
       Product Development Among the methods proposed to increase the development of Cork as a marketable
       Strategy             tourism product are:
                            - The encouragement of appropriate development in the two Designated Areas of
                                 Cork City (Blackpool Corridor and the City Quays)
                            - The development of the River Lee as a tourism resource e.g. river cruises,
                                 boating activity etc.
                            - The on-going development of coarse angling facilities by the Fishery Board in
                                 the Lee Valley area.
                            - The further investigation in the marketing viability of holding the World Coarse
                                 Angling tourism within the Lee Valley
       Water Based Activity The cruise market in Cork Harbour was valued at £8 million in 1996, highlighting
                            the importance to further improve facilities and services to aid the development of
                            this business.




Special Interest Marine Tourism in the West Clare Peninsula -
Marine Institute, Shannon Development and Clare County Council,
December 1999.
       Description & Policy Remit
       1.      To examine the current status and future potential for special interest marine tourism
               (scuba diving, sailing, windsurfing, nature-related activities i.e. bird watching and
               whale and dolphin watching) in the West Clare peninsula. To amalgamate the
               development of general tourism and marine tourism.
       2.      To encourage a process of change that will result in economic benefit through the
               development of sustainable tourism.
       3.      To account for local opinion in decision making related to tourism.
       4.      To develop a methodology for enhancing marine tourism in peripheral areas.

       Level
       Local

       Scale of Decision Making
       National and Local



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       Implementation body or agency
       Marine Institute, Shannon Development and Clare Co. Council

       Perception Guidelines
       Special Interest Marine Tourism in the West Clare Peninsula
       Sub-aqua diving      Expansion of facilities, joint marketing and product development strategies, twinning
                            of establishments with other internationally recognised centres.
       Sailing              General development of sailing activities: develop sailing holidays (own boat or
                            charter), sailing training, organise festivals and events, yacht charters, develop
                            general boating and cruising.
       Nature Watching      Establish visitor centres at the key nature watching areas, further develop dolphin
                            watching both through boat trips and land based facilities. Marketing of weekend
                            breaks etc…
       Sea Angling          Re-establish the sea angling facility at Kilrush and improve on international
                            marketing strategies.
       Golf                 Develop championship golf course and accommodation at Doonbeg. Marketing of
                            West Clare as a golfing centre (due to its position between Ballybunion and Lahinch
                            i.e. international courses). Establish links with other golf marketing groups.
       Other                General upgrade of local transport infrastructure (hackneys etc.), develop
                            information points, cycle and walking routes, indoor activity centres etc.




Southern and Eastern Region Development Strategy 2000-2006

       Description & Policy Remit
       The development strategy was prepared on behalf of the combined Regional Authorities in the
       proposed new "Southern and Eastern NUTS 11 Region of Ireland". It is a single prioritised
       strategic plan designed to present a broad development strategy for the region.

       Level
       Regional

       Scale of Decision Making
       Regional

       Implementation body or agency
       Regional Authorities

       Perception Guidelines
       Southern and Eastern Region Development Strategy 2000 - 2006
       - expand and upgrade accommodation base in non-established tourism areas
       - develop flagship projects or regional attractors with a view to drawing demand from main tourism
           hubs
       - ensure high quality visitor experience
       - develop tourism potential of water based resources and provide facilities for water based activities
       - develop special interest areas to improve spatial spread
       - improve road, rail and air access to remote parts of the region
       - implement a national strategy for rural tourism
       - develop regional urban centres as city break destinations
       - improve signposting




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Integrated Development of the Shannon Estuary – A Strategic Study
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines
       Integrated Development of the Shannon Estuary – A Strategic Study
       Tourism and         The Plan states that given imaginative planning and sufficient investment, there is
       Recreation          scope for the development of tourist and recreational products on or close to the
                           Estuary which could give the Estuary a genuinely worthwhile place in Irish tourism.




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                                          46
Ø 3.5 Land Use and Development
___________________________________________________________________________________

Much of the national legislation relating to land use and development was newly introduced, (Waste
Management Act, 1996), or amended, (Wildlife Amendment Bill, 1999), in the 1990s. The legislation
reflects the need to achieve higher environmental standards at a time when the economic status of the
country is driving up the need for increased infrastructure development. It is the objective of agencies
such as The Environment Agency and An Bord Pleanala to ensure that sustainable development is
achieved. At a local level the County Development Plans identify potential areas for development
through zonation. Increasing consideration is given to environmental impact, however there is a lack
of co-ordination between the plans of neighbouring local authorities, which means that they fail to fully
incorporate sustainable development principals.


Level             Legislation/Policy
National          Local Government Acts, 1963 - 1993, 1994
                  Roads Act, 1993
                  European Communities (Environmental Impact Assessment) Regulations, 1989 and
                  Amendment Regulations, 1994
                  Derelict Sites Act, 1990
                  Building Control Act, 1990
                  Finance Acts, 1986 - 1998
                  Wildlife Act, 1976
                  Wildlife Amendment Bill, 1999
                  European Communities (Natural Habitats) Regulations, 1997
                  European Communities (Conservation of Wild Birds) Regulations, 1985
                  Environment Protection Agency Act, 1992
                  Waste Management Act, 1996
                  Heritage Act, 1995
                  A Marine Research, Technology, Development and Innovation Strategy for Ireland
                  National Development Plan, 2000 - 2006

Local             Port of Cork Strategic Development Study: Stage 1 Report - December 1999
                  City Docks Integrated Area Plan – Cork Corporation 1998 Urban Renewal Scheme
                  (Land Use and Development Guidelines)
                  County Development Plans
                  Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
                  A review of Operations and Structures of the Seaports in the Shannon Estuary
                  Integrated Development of the Shannon Estuary – A Strategic Study




NATIONAL LEVEL - LEGISLATION



Local Government (Planning and Development) Acts 1963 - 1998
         §   Local Government Planning and Development Act, 1963
         The 1963 Local Government (Planning and Development) Act provides the framework for the
         proper planning development of cities, towns and other areas, including the making of
         development plans, and the control of development and matters relating to the environment.




         Perception Guidelines
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       Local Government Planning and Development Act, 1963
       Special Amenity     An area can be described as an Area of Special Amenity by reason of its natural
       Area Order          beauty, or its scenic or other amities (including recreational utility). Development
                           may be controlled in these areas.
       Tree Preservation   It is prohibited to cut down, top, lop or wilfully destruct trees for the purpose of
       Orders              development, without the consent of the planning authority
       Conservation Orders Provides for the protection of rare species of flora and fauna, by prohibiting the
                           taking, killing or destroying of flora or fauna, unless consent is granted by the
                           planning authority.
       Planting of Trees,  For the purpose of preserving or enhancing the amenities or natural beauty of any
       Shrubs and Other    land, local authorities may plant trees, plants or shrubs on the land.
       Plants

       Value Led Guidelines
       Local Government Planning and Development Act, 1963
       Development Plan    The local authorities shall, from time to time as occasion may require, and at least
       Reviews             once every five years after the date of making the plan, review the plan and make
                           in it any variations which they consider proper.
       Area of Special     Special Amenity Orders must be reviewed at least once every five years for the
       Amenity             purpose of deciding weather to revoke or amend the order.

       §   Local Government Planning and Development Act, 1976
       Provides for the establishment of An Bord Pleanala.

       §   Local Government Planning and Development Act, 1982
       Provides value led guidelines for limits on the duration of planning permissions, and powers
       to introduce fees for planning applications and appeals and other matters with which An Bord
       Pleanala is concerned.

       §   Local Government Act, 1991
       Established new requirements for the passing by a planning authority of a resolution deciding
       to grant planning permission, which would materially contravene a local authority's
       development plan

       §   Local Government Planning and Development Act, 1992
       An Bord Pleanala must determine appeals within four months of receiving them. The act also
       put a five year limit on enforcement action and allowed applications to be made to the Circuit
       Court as well as to the High Court for orders concerning unauthorised development or
       development in breach of planning permission

       §   Local Government Planning and Development Act, 1993
       Establishes the legal framework for the application of planning control to development by or
       on behalf of state authorities, and also provides for a procedure of public notice and
       consultation for local authority development.

       §   Local Government Planning and Development Regulations, 1994
       These regulations have replaced all existing regulations under the Local Government
       (Planning and Development) Acts, 1963 - 1993. They provide for procedural matters
       concerning planning applications and appeals, the category of developments which are
       exempted developments for planning purposes and which do not need planning permission,
       and the procedure of public notice and consultation for specified categories of development by
       the State and local authorities.

       Perception Guidelines
       Local Government Planning and Development Regulations, 1994


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       EIA                      Provides for regulations relating to the operation of EIA in the development control
                                process, and establishes an EIA process for certain development proposed by local
                                authorities in their own area.

       §     Local Government Bill, 2000
       -     County and city councils must establish strategic policy committees (SPCs), chaired by
             an elected member but comprising both councillors and sectoral/community interests.
             SPCs are to advise the council on policy matters and are established in accordance with
             guidelines issued by the minister.
       -     The local authority must maintain contact and consult with its local community, and to
             promote participation in local government, (section 126).
       -     Section 128 provides a statutory basis for the establishment, composition and functions
             of County/City Development Boards (CDBs); and for the preparation by the Board of a
             strategy for the economic, social and cultural development of its area.
       -     Each local authority must prepare a statement of strategy, known as the corporate plan,
             within a specified period; this will normally have effect for the life of the council. Each
             county and city council must establish a corporate policy group (CPG), to advise and
             assist the elected council in the formulation, development and monitoring of policy for
             the local authority.

       Perception Guidelines

       Local Government Bill, 2000
       Maritime Boundaries The maritime boundary of a local authority is the high water mark for the time
                            being, unless it already extends further; and that reclaimed land and structures will
                            automatically form part of the local authority area.
       Sustainable          Section 68 requires local authorities to have regard to high environmental standards
       Development          and sustainable development.


       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authorities


Roads Act, 1993
       Description & Policy Remit
       Sections 50 and 51 of the Roads Act, 1993, implement the EC EIA Directive 85/337/EEC in
       so far as it relates to roads. The act also establishes the National Road Authority, and defines
       its functions.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Environment


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       Perception Guideline

       Roads Act, 1993
       National Roads          The National Roads Authority has the responsibility for the planning and
       Authority               supervision of works for the construction and maintenance of national roads.
       Road Development        A proposed road development shall not be carried out unless the Minister for the
                               Environment has approved it or approved it with modifications. An Environmental
                               Impact Assessment must be carried out for any proposed road developments.



European Communities (Environmental Impact                                          Assessment)
Regulations, 1989 and Amendment Regulations, 1994

       Description & Policy Remit
       These regulations transposed the EC EIA directive 85/337/EECinto Irish law, for development
       other than motorways. They provided for the incorporation of EIA into a number of statutory
       procedures under which approval is given to proposed development, specified the
       development which must be subjected to EIA, and laid down the information which must be
       supplied in an Environmental Impact Statement (EIS). The European Communities
       (Environmental Impact Assessment) Amendment Regulations, 1994, make necessary
       amendments to the legal framework governing EIA with the coming into operation of the
       Integrated Pollution Control (IPC) licensing of the Environment Protection Agency.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Environment




Derelict Sites Act, 1990
       Description & Policy Remit
       This act replaces the Derelict Sites Act, 1961. It contains measures to prevent and control
       derelict sites, and provision is also made for an annual levy, based on market value, on certain
       derelict sites in urban areas

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Department of the Environment and Local Authorities

       Perception Guidelines



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       Derelict Sites Act, 1990
       Measures to Prevent     -   Every local authority shall establish and maintain a register of derelict sites in
       and Control Derelict        their area.
       Sites                   -   It is the duty of every owner or occupier of land, including a statutory body or
                                   State authority, to take all reasonable steps to ensure that the land does not
                                   become, or does not continue to be a derelict site



       Value Led Guideline

       Derelict Sites Act, 1990
       Levy on Derelict        Provision is made for an annual levy, based on market value, on certain derelict
       Sites                   sites in urban areas. This levy was set initially at 3% of the property's market
                               value.



Building Control Act, 1990
       Description & Policy Remit
       This act provides for the regulation of buildings in terms of the design and construction of
       buildings. With regards to land use and development, building regulations may be made for
       making provision for the encouragement for good building practice.


       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Department of the Environment and Local Authorities


Finance Acts, 1986 - 1998
       Description & Policy Remit
       Since 1986, a number of Finance Acts, have provided for a range of financial incentives to
       promote development and reconstruction in designated areas.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of Finance

       Value Led Guideline



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       Finance Act, 1994
       Designated areas for    Promotes financial incentives to promote development in areas designated under a
       Urban Renewal           new urban renewal scheme commencing on 1st August 1994 and terminating 31st
       Relief                  July 1997.
                                - capital allowance for non-office commercial buildings.
                                - accelerated capital allowance for industrial buildings.
                                - double rent allowance.
                                - residential owner-occupier allowance.
                                - 'section 23' allowance.
       Finance Act, 1993
       Designated areas for    Extends the deadline for qualifying expenditure in respect of taxation allowances
       Urban Renewal           under the Urban Renewal Scheme from 31st May 1994 to 31st July 1994 where
       Relief                  foundations are fully laid by 30th November 1993.
       Finance Act, 1992
       Designated areas for    Extends the deadline for qualifying expenditure in respect of taxation allowances
       Urban Renewal           under the Urban Renewal Scheme from 31st May 1994 to 31st May 1994 where
       Relief                  foundations are fully laid by 31st May 1993.
       Finance Act, 1991
       Financial Incentives    Amends the conditions for qualifications for tax incentives
       for development in
       designated areas
       Finance Act, 1990
       Designated areas for    Extends the deadline for qualifying expenditure in respect of taxation allowances
       Urban Renewal           under the Urban Renewal Scheme from 31st May 1989 to 31st May 1991.
       Relief
       Financial               Amends the qualifying criteria for the purposes of double rent allowances
       Allowances for
       development in
       designated areas
       Finance Act, 1989
       Stamp Duty Relief       Provides for the granting of income relief to encourage individuals to come and
                               live in designated inner city areas and renovate houses there that are determined by
                               the Office of Public Works to be historically or architecturally significant.
       Finance Act, 1988
       Designated areas for    Extends the deadline for qualifying expenditure in respect of taxation allowances
       Urban Renewal           under the Urban Renewal Scheme from 31st May 1989 to 31st May 1991.
       Relief
       Finance Act, 1986
       Financial               -    Capital allowance for commercial buildings in a 'qualifying premises', the site
       Allowances for               of which is wholly within a designated area.
       development in          -    Allowances to owner-occupiers in respect of certain 'qualifying premises', the
       designated areas             site of which is wholly within a designated area.




Wildlife Act, 1976 and Wildlife Amendment Bill, 1999
       Description & Policy Remit
       The functions of the National Parks and Wildlife Service are to administer and enforce the
       Wildlife Act, 1976. The principal legal framework for the protection of wildlife is contained
       in this act. One of the responsibilities of the NPWS is the protection and management of sites
       of importance for wild plants and animals. Under the Wildlife Act the NPWS can make the
       following designations:



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       Statutory Nature Reserves are areas set aside for the conservation of plants, animals and their
       habitats (Hickie, 1994). Under the Wildlife Act, 1976 undesirable development is prohibited
       in these areas. They are, therefore, the most strictly protected areas. A total of 78 sites were
       declared in 1994, covering 18,095 hectares. Although legally Nature Reserves can extend
       beyond the MHWM, only one such designation exists to date, namely Lough Hyne in County
       Cork (Hickie, 1994).

       Areas of Scientific Interest (ASIs) are designated because of their ecological or geological
       importance. According to Hickie (1994) these areas represent the remaining areas where wild
       flora and fauna still exist in a relatively natural state, and where geological features are well
       represented. Of the 1600 sites identified to date, only a minority (circa 10%) are protected
       legally. However, ASIs are presently in a process of re-designation to Natural Heritage Areas
       (NHAs). An NHA has been defined as an area of special interest for its fauna and/or flora,
       either as individual species or as communities or for its geology or topography. NHAs are
       expected to be given new legal status with a forthcoming amendment to the Wildlife Act,
       1976.


       The Wildlife (Amendment) Bill 1999 has almost been passed and is at the second stage in the
       Oireachtas, the Upper House of the Government.

       The following text is taken from the Explanatory Memorandum to the Wildlife (Amendment)
       Bill, 1999.
       The main objectives of this Bill are to:
       1. provide statutory protection for Natural Heritage Areas (NHAs);
       2. improve a number of measures, or introduce new ones, to enhance the conservation of
            wildlife species and their habitats;
       3. enhance a number of existing controls in respect of hunting, which are designed to serve
            the interests of wildlife conservation, and introduce new powers to regulate commercial
            shoot operators;
       4. ensure or strengthen compliance with international agreements and, in particular enable
            ratification of the Convention on International Trade in Endangered Species (CITES) and
            the Agreement on the Conservation of African-Eurasian Migratory Waterbirds Agreement
            (AEWA);
       5. introduce statutory protection for geological and geomorphological sites;
       6. increase substantially monetary fines for contravention of the Wildlife Acts and introduce
            prison sentences in addition to those fines;
       7. enable the Minister to act independently of forestry legislation (e.g. in relation to the
            acquisition of land by agreement);
       8. strengthen the protective regime for Special Areas of Conservation (SACs) by ensuring
            that protection will in all cases apply from the time of notification of proposed sites; and
       9. give specific recognition to the Minister’s responsibilities in regard to promoting the
            conservation of biological diversity, in the context of Ireland’s commitment to the UN
            Convention on Biological Diversity.

       The Wildlife Amendment Bill (pending) will provide for the establishment and protection of a
       national network of protected areas of both natural heritage and geological importance; these
       areas will be known as Natural Heritage Areas (NHAs).

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       National Parks and Wildlife Service



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       Perception Guidelines
       The regulations made under this act provide up-to date laws for the protection and
       conservation of wild flora and fauna, and the conservation of areas having specific wildlife
       value. The orders and regulations made under the Wildlife Act, with relevance to land use
       and development, are described below.


       Wildlife Act, 1976
       Wildlife                 Sections 15 and 16 Provides for the protection of land, as nature reserves, where
       conservation and         the land
       protection                - Includes the habitat or forms the habitat of part of the habitat of one or more
                                      species or community of flora or fauna being a species or community which is
                                      of scientific interest
                                 - Includes or forms an ecosystem which is of scientific interest
                                 and that the habitat or ecosystem is likely to benefit if measures are taken for its
                                 protection.
       Open Seasons              The minister may by order provide that open seasons for hunting, on a day or
                                 period of days so specified, be permitted for certain protected wild birds and for
                                 certain wild mammals.
       Wildlife Act 1976, - Wildlife Advisory Council Order, 1978
       Established the Wildlife Advisory Council representative of various interests, to make recommendations to
       the minister on policy, objectives and programmes conserving wildlife conservation.
       Wildlife Act, 1976, - Acquisition of Land Regulations, 1978
       Defines the form of notice to be published where it is intended to purchase land under Section 55 of the
       1976 Act.

       Value Led Guideline
       Wildlife Act, 1976
       Destruction of          It is an offence for a person to cut, grub, burn or otherwise destroy, during the
       vegetation on           period beginning the 15th April and ending on 31st August in any year, any
       uncultivated land       vegetation growing on land not then cultivated or in the course of cultivation for
                               agriculture or forestry.
       Burning of              A person shall not burn any vegetation growing within one mile of a wood or land
       vegetation near         to which a designation order relates, unless such person has not less than 7 days or
       woods or certain        more than thirty five days before burning such vegetation, given notice of his
       other land              intention to do so, in writing, to the Garda Siochana.




  The European Communities (Natural Habitats) Regulations, 1997
       Description & Policy Remit
       This legislation provides for the designation and protection of Special Areas of Conservation
       (SACs) under the EU Habitats Directive (CEC, 1992), and for protection measures that apply
       to Special Protection Areas (SPAs), designated under the EU Wild birds Directive (CEC,
       1979). The Habitats Directive has been the most important development for nature
       conservation in the EU and it provides for the establishment of a coherent ecological network
       of protected areas across the 15 member states, termed Natura 2000.

       There is a three-stage process to the creation of Natura 2000 sites.
       iv)      selection of national lists of sites; due for completions June 1995; not completed by
                any Member State in 1997;
       v)       establishment of a list of Sites of Community Importance (SCIs); completion due
                between June 1995 and June 1998;
       vi)      designation by Member States of the adopted SCIs as SACs; scheduled for
                completion between June 1998 and June 2004.

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       Ireland has submitted 241 candidate SACs to the EU, 48 of which are marine SACs. The
       European Commission evaluated Ireland’s classification of sites (as of January 2000) for
       NATURA 2000 as “incomplete” for SPA classification and “notably insufficient” for the list
       of SCIs.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Dúchas




The European Communities (Conservation of Wild Birds)
Regulations, 1985, and Amendment Regulations 1986, 1994, 1994
(No2), and 1995
       Description & Policy Remit
       These regulations designated important bird areas as Special Protection Areas (SPAs) under
       Article 4 of the Birds Directive. 40 areas covering 79,000 hectares have been designated.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Dúchas




Environment Protection Agency Act, 1992
       Description & Policy Remit
       An act to make further and better provision for the protection of the environment and the
       control of pollution, to establish an Environmental Protection Agency, for these and other
       purposes to increase certain existing monetary penalties and to provide for other matters
       connected with the matters aforesaid. The EPA has wide executive functions. Those
       specifically relating to land use and development are highlighted in the table below.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Environment Protection Agency

       Perception Guidelines
       Environment Agency Act, 1992
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       Functions of the       -    the licensing, regulation and control of activities for the purposes of
       EPA (with regards to        environmental protection
       land use and           -    the monitoring of the quality of the environment
       development)
       Environmental          The Environment Agency may prepare guidelines on the information to be
       Impact Assessment      contained in environmental impact statements in respect of development.
       Landfill sites for     The agency shall, for the purpose of environmental protection, specify and publish
       waste disposal         criteria and procedures for the selection, management, operation and termination of
                              use of landfill sites for the disposal of domestic and other wastes. Specified
                              procedures and criteria may relate to:
                               - site selection
                               - design and bringing into operation of sites
                               - impacts on the environment
                               - leacheate management and control
                               - control and discovery of landfill gas
                               - operational guidelines, including classification of wastes and establishment of
                                    acceptance criteria for landfill
                               - fire, pest and litter control
                               - appropriate recovery, reuse and recycling facilities
                               - co disposal of industrial and other wastes
                               - monitoring of leacheate, other effluents and emissions
                               - termination of use and subsequent monitoring
                               - acceptance of different classes of wastes at different classes of sites.
       Integrated Pollution   The EPA is responsible for the licensing and regulation of large/complex industrial
       Control (IPC)          and other processes with significant pollution potential on the basis of IPC. In
                              granting an IPC licence to an activity, the agency must be satisfied that the best
                              available technology not entailing excessive costs (BATNEEC) will be used for
                              pollution prevention.
                              Licensable landuse activities are classified as:
                               - minerals and other materials
                               - metals
                               - energy
                               - mineral fibres and glass
                               - chemicals
                               - intensive agriculture
                               - food and drink
                               - wood, paper, textiles and leather
                               - fossil fuels
                               - cement
                               - waste
                               - surface coatings
                               - other activities (lime production, manufacture of coarse ceramics,
                                    manufacture of integrated circuits, testing of engines).
       Local authorities      The EPA is responsible for overseeing the environmental activities of Local
                              Authorities.
       Genetically Modified   The Minister for the Environment is responsible for making regulations for the
       Organisms              control, management, regulation or prohibition of any process or action involving a
                              genetically modified organism.




Waste Management Act, 1996
       Description & Policy Remit
       This act provides for the creation of waste management plans by local authorities to:
       - Prevent or minimise the production of harmful waste
       - Encourage and support the recovery of waste
       - Ensure that such waste as cannot be prevented or recovered is disposed of without
           causing environmental pollution

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       -   Ensure in the context of waste disposal that regard is had for the need to give effect to the
           polluter pays principal.

       Local authorities and the Environment Agency are obliged to monitor the nature, extent and
       effects of emissions to the environment arising from the holding, recovery or disposal of
       waste. In addition the EPA must prepare a national plan, referred to as the 'Hazardous Waste
       Management Plan'. The act also includes regulations for the holding, collection and
       movement of waste (Part IV). A 'waste licence' must be obtained before waste is disposed of,
       or recovered from a civic waste facility.


       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Department of the Environment and Local Authorities

       Perception Guidelines

       Waste Management Act, 1996
       - It is prohibited to hold, transport, recover or dispose of waste in a manner which causes or is likely to
          cause environmental pollution
       - The transfer of waste to any person other than an authorised person is prohibited.
       - Any person who carries on activities of an agricultural, commercial or industrial nature must take all
          reasonable steps to prevent or minimise the production of waste.

       Value Led Guideline

       Waste Management Act, 1996
        - Provides for substantial penalties including fines up to £10 million and/or 10 years imprisonment and/or
       liability for clean-up measures.




Heritage Act, 1995
       Description & Policy Remit
       An act to promote public interest in, and knowledge, appreciation and protection of the
       national heritage, to establish a body know as the Chomhlaire Oidhreachta (Heritage Council)
       and to define its functions.

       Level
       National

       Scale of Decision Making
       National and Local

       Implementation body or agency
       Department of Arts, Heritage, Gaeltacht and the Environment

       Perception Guidelines



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       Heritage Act, 1995
       Functions of the      The Heritage Council proposes policies and priorities for the identification,
       Heritage Council      protection, preservation and enhancement of the national heritage including:
                              - monuments
                              - archaeological objects
                              - heritage objects
                              - architectural heritage
                              - flora
                              - fauna
                              - wildlife habitats
                              - landscapes
                              - seascapes
                              - wrecks
                              - geology
                              - heritage gardens and parks
                              - inland waterways
       Heritage Buildings    The Heritage Council may consult with or advise a public authority in relation to
       Owned by a Public     the maintenance, preservation, restoration, upkeep and improvement of any
       Authority             heritage building owned by the authority




NATIONAL LEVEL - POLICIES




A Marine Research, Technology, Development and Innovation
Strategy for Ireland

       Description & Policy Remit
       This document was developed by the Marine Institute to give a detailed evaluation of the
       multifaceted development potential of the marine resource, based on an exhaustive and
       extensive consultative process with official, community and commercial interests.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Marine Institute

       Prescribed Value/Guideline

       A Marine Research, Technology, Development and Innovation Strategy for Ireland
       The Marine Environment    Any developments with potential to impact the marine environment are
                                  identified as needing co-ordinated multi-sectoral planning, including the
                                  assignment of environmental objectives and priorities, resource allocation,

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                                     and the preparation of integrated management plans for the relevant
                                     environmental sectors.
       The Marine Food Sector        The Marine Institute intends to support the development of a strong and
                                     dynamic commercial sector for marine food, whose aim is to develop the
                                     marine resource in a sustainable fashion, and to preserve the interests for
                                     future generations.
       The Marine      Technology    The main aim of this strategy is to increase the sectoral turnover to £40
       Sector                        million over a 5-year period, and to increase employment in the sector by
                                     1,100 jobs.
                                     A clear need is also identified for an improved understanding of coastal
                                     dynamics, the engineering options available, and the economics involved in
                                     the process of coastal protection.




National Development Plan 2000-2006
       Description & Policy Remit
       The National Development Plan sets out a development strategy in the key areas of
       infrastructural development, education and training, the productive sector and the promotion
       of social inclusion. The Plan also contains a commitment and accompanying framework for
       the promotion of more balanced regional development.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines
       National Development Plan 2000 - 2006
       Economic and Social   A major priority of the National Development Plan is infrastructure, primarily
       Infrastructure        because of the urgent need to expand the capital sock in this area both to sustain the
                             level of activity and to enhance the potential of less developed areas.
       Communications /      A provision of £120 million is made by the Plan to aid and encourage investment in
       Electronic Commerce   advanced telecommunication in areas where the market will not deliver sufficient
                             investment, and to support the acceleration of the information society and e-
                             commerce.
       Industry              It is Government policy that support for the tradable sector of the economy should
                             be limited to measures designed to overcome identified market failures, which have
                             the capacity to significantly impair further growth and expansion of the enterprise
                             sector, particularly in less developed regions.
       Sectoral Development  A Sectoral Development Programme will focus on identifying and developing
                             activities and sectors that are high growth, high technology and strategically
                             important to meet the country's development needs.


LOCAL LEVEL - POLICIES



Port of Cork Strategic Development Study: Stage 1 Report -
December 1999

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       Description & Policy Remit
       The main aim of this study was to assist the Port of Cork in developing a strategic
       development plan for the port and surrounding area over the next number of years. This study
       was commissioned as the Port of Cork was faced with a number of pertinent issues relating to
       the harbour which had to be dealt with.
       Main Land Use Issues:
       - The main reason for the decline in use of the existing quays of Cork is that landside areas
            are being considered for redevelopment by the existing landlords and the trade is forced
            to relocate.
       - A capacity limitation at Tivoli is an issue, as it cannot cater for larger containers, the
            forecast of which is an increase in container trade.
       - There is a loss of industrial development zoning at Dunkettle.
       - The shallower inner harbour cannot facilitate the larger vessels and they therefore operate
            at the deepwater terminal at Ringaskiddy.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Port of Cork

       Perception Guidelines

       Cork Strategic Development Study – 1999
       Trade                  Commercial trade of the Port of Cork is located at city quays, Tivoli and
                              Ringaskiddy. This is a portion of the total trade passing through Cork Harbour the
                              remaining trade goes through private quays and Whitegate. Commercial port
                              activities at the city quays are forecasted to decline and cease to operate in the near
                              future, this is due to the lack of understanding of the planning authorities and the
                              landside development mentioned previously.
       Land Constraints       Land constraints and congestion are major issues at Tivoli, however it is thought that
                              capacity can be improved and increased by the purchase of straddle carriers along
                              with the reduction of container dwell time to a week rather than the average dwell
                              time of 30 days. Environmental pressures are also an issue at Tivoli, i.e. noise and
                              working hours.
       Extension Plans        Extension of deepwater terminal at Ringaskiddy. It is thought that Ringaskiddy is
                              not suitable as a container terminal due to the diversification of trade within at
                              present. The next stage of the strategic plan is to consider whether the present
                              diverse functionality of the terminal is suitable or whether the multi-purpose
                              operations of the terminal should be rationalised for long term successful operations.
                              Ringaskiddy ferry terminal has been upgraded in recent years, however serious
                              marketing strategy is required to maintain the terminal’s market share in the trade of
                              the Irish Sea corridor. The future of the terminal is thought to be trade with
                              mainland Europe. However competitive airfares pose a threat to this plan. Freight-
                              only service to mainland Europe is a possibility.
       Recommendations        n Develop an additional, commercially viable site for trade, which would
                                   otherwise be lost from the existing city quays.
                              n Cargo handling and productivity measures to be implemented at Tivoli and
                                   Ringaskiddy.
                              n Identify potential sites for medium term development of deepwater berthage in
                                   the lower harbour for container operations.
                              n Define the role of the Ringaskiddy terminal and clarify the associated landuse
                                   plan.
                              n The port will need to be proactive to ensure the execution of the plans laid out
                                   and successful development of the port over the next 20 years.

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City Docks Integrated Area Plan – Cork Corporation 1998 Urban
Renewal Scheme
       Description & Policy Remit
       A number of key development issues, which would ultimately benefit the city, were
       recognised for the city docks area. Re-organisation of the docks and general development of
       the area would provide opportunities for waterfront developments, improvements of the
       transport infrastructure around the dock area and improve the overall economic quality of the
       city docks.

       This Integrated Area Plan aimed at preventing decay and neglect of dockland areas, which had
       been characteristic of these types of areas in other cities.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authorities (Cork Corporation)

       Perception Guidelines

       City Docks Integrated Area Plan – Cork Corporation 1998, Urban Renewal Scheme
       Land Use            The city dock area is mainly occupied by the rail and bus stations. There is a large
                           industrial component present also. Housing is mainly concentrated on the northern
                           side of the docks. Developments to the docks were summarised as follows:
                            - Re-orientation of railway station to improve access to and from.
                            - Upgrading of bus terminal.
                            - Developments of an administrative centre based at the City Hall.
                            - Re-generation of the industrial area of Centre Park Road and improvement of
                                the associated road infrastructure.
                            - Provision of incentives to enable residents and owners of housing in the vicinity
                                of the rail station, to sustain and improve the conditions for living in the area.
       Comments/            - Necessity of improved telecommunications for future redevelopment.
       Suggestions          - Necessity of a well defined strategy of development for the docks to ensure
       contributed by           compatibility of use of the area.
       Landowners and       - Investment required to improve the public domain in the area.
       Traders Groups and - Review of buildings, so that old ones could be refurbished and used.
       Public Agencies      - Any new buildings should be in keeping with the style of the area.
                            - Improving the transport nodes.
                            - Improving electricity supply in the South Docks area, if further extensions are
                                to be made.
                            - Possibility of development of light industry on the eastern side of the marina.
       Environmental        - Upgrading the environment is an essential part in renewal of the area.
       Strategy             - Proposed re-introduction of two-way traffic systems (in Horgans Quay and
                                Lower Glanmire Road) to reduce traffic congestion.
                            - Possible re-location of roads on the quay front, to maximise the potential of the
                                waterfront was to be investigated.
                            - Possibilities of extending the Marina walk through the South Docks thereby
                                connecting directly with the city, also upgrading Centre Park Road area to
                                promote redevelopment as a modern industrial area.




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County Development Plans6
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.

        Level
        Local

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Authority

        Perception Guidelines

        Cork County Development Plan 1996
        Renewable Energy    National and international initiatives for limiting emissions of greenhouse are
                            strongly supported by the County Council.
                            The Council intends to become actively involved in appropriate studies, which
                            would facilitate a detailed and integrated planning approach to wind farms.
        Telecommunications Proposals in highly scenic areas, such as exposed coastal, mountain or upland
                            areas, should not significantly detract from visual amenities.
        Cork County Development Plan, South Area 1996
        Fota Island & The - Cork Harbour could be proved suitable for mariculture, providing that such
        Upper Harbour            activity can be suitably accommodated with other primary industrial uses
                                 designated for Cork Harbour.
                            - Temporary extractive operations along the north shoreline are to be carefully
                                 monitored and controlled to ensure that both structures and discharge will not
                                 adversely impact on the channel.
                            - Shorelines of Foaty Island are to be protected by stringent controls, ensuring
                                 that new development will not negatively impact the estuarine landscape.
        Crosshaven and Bays - An area around the existing boatyard is zoned specifically for active marine
                                 related issues to insure that boat building and repair activities have room for
                                 expansion.
                            - Any further extension of the reclaimed area (the car park) northwards should
                                 be limited.
                            - Myrtleville is identified as probably the most suitable location for additional
                                 housing due to its physical topography and road access.
                            - Larger zoned blocks for individual sites, rather then conventional housing
                                 estates are recommended.
                            - No marina development is to be allowed on the Currabinny site of the estuary.
        Little Island       Careful planning and continuous consultation is required to limit the conflict
                            between protecting and enhancing the residential environment and the generation
                            of industrial traffic, noise and associated effluents.
                            The policies and zoning provisions are aimed to aid and facilitate the island’s co-
                            ordinated industrial development, the limited expansion of residential uses, and the
                            protection of visually vulnerable areas.




6
 Only those development plans which mention land use and development as a specific issue, have
been reviewed in this section.

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       Passage West        Policy objectives include making reasonably generous provision for potential
                           future development in the normal way, and identifying a limited number of actions
                           which could act as a catalyst, and improve the prospects of the towns potential
                           being realised.
       Cork City Development Plan Review 1998
       Marine Services     The development of a high-profile marine centre could help attract demand for
                           marine products and services to the Cork area.
       Recreational        The Mahon peninsula is identified as an area with much potential for amenity
       Development         development.
                           A section of the shore located at Douglas Hill Lawn can only be developed if
                           developments were to promote the wildlife function or be compatible with it.
       Kerry County Development Plan
       Employment &        It is the policy of the Council increase employment opportunities in the county by:
       Industry            - Promoting and protecting the potential of the Shannon Estuary as a location of
                                 maritime industry.
                           - Encouraging the develo9pment of the fishing industry by improving and
                                 maintaining the harbours for which it is responsible and by improving the
                                 access to ports in conjunction with statutory agencies and non-statutory groups
       Areas of Special    It will be the policy of the Planning Authority to limit building developments in
       Amenity             areas of special Amenity, and no development will be permitted which would be
                           seriously injurious to the amenities or natural beauty of these areas.
       Rural Development   It will be the policy of the Planning Authority to assess any development in relation
                           to a specific evaluation of each site.
       Coastal Areas       Development in the coastal area shall be in accordance with proper planning and
                           development and the recommendations of the Coastal Management Plan.
                           Any on-shore developments shall be subject to stringent controls and conditions.
       Limerick County Development Plan
       Sustainable         Whilst development is not precluded under NHAs, SPAs and also in special
       Development         amenity value areas any development taking place must be compatible with the
                           environment and with the principle of sustainable development.
       Clare County Development Plan
       Sustainable         Policies with regards sustainability in the Plan includes:
       Development         - Restricting development on land, which is environmentally sensitive.
                           - Achieving the correct balance between development, conservation and the
                                 protection of the environment by ensuring that development takes place within
                                 the carrying capacity of the environment.
       Extractive Industry The Planning Authority aims to facilitate the exploitation of the County’s natural
                           resources, while ensuring that the environment is as far as possible protected.
       Industrial          It will be the Planning Authority’s objective to facilitate industrial development in
       Development         a manner, which provides the maximum economic benefit for the area in which it
                           is located, consistent with acceptable levels of environmental impact.


Cork Kerry Tourism Regional Tourism Plan 1999 – 2006

       Description & Policy Remit
       This Plan examines the progress made by the tourism sector over recent years, analysis the
       current position of the Region in development and marketing terms, and finally proposes a
       strategic direction for product development and marketing in the Region up to 2006.

       Level
       Local

       Scale of Decision Making
       Local



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       Implementation body or agency
       Cork/Kerry Regional Tourism Authority

       Perception Guidelines
       Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
       Infrastructure       The restoration of the Irish Ferries service to France is thought to be essential to help
                            increase the volume of traffic coming directly into the Region from Mainland
                            Europe.
       Product Development Among the methods proposed to increase the development of Cork as a marketable
       Strategy             tourism product are:
                            - The encouragement of appropriate development in the two Designated Areas of
                                 Cork City (Blackpool Corridor and the City Quays)
                            - The development of the River Lee as a tourism resource e.g. river cruises,
                                 boating activity etc.
                            - The on-going development of coarse angling facilities by the Fishery Board in
                                 the Lee Valley area.
       Implementation       A partnership approach is suggested involving developers, Local Authorities and
                            other agencies.
       Water Based Activity The cruise market in Cork Harbour was valued at £8 million in 1996, highlighting
                            the importance to further improve facilities and services to aid the development of
                            this business.




A Review of Operations and Structures of the Seaports in the
Shannon Estuary
       Description & Policy Remit
       This report examines all relevant perspectives of the operations of Shannon Estuary Ports
       Company and Foynes Port Company, with the objective of establishing the best possible
       structural/organisational arrangement for the ports industry within the Shannon Estuary, in
       order to maximise the development potential of the estuary as a whole.

       Level
       Local

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources

       Perception Guidelines

       A Review of Operations and Structures of the Seaports in the Shannon Estuary
       - Establish a single port company called the Shannon and Foynes Port Company, to be responsible for
           all port related activity in the Shannon Estuary.
       - Operational management of the new headquarters to be located at Foynes.
       - Administrative and commercial operations to be located at Limerick.
       - Minister for the Marine and Natural Resources should seek urgent Government approval for the
           necessary legislation to be put in place for the creation of this new port structure. Overall view appears
           to be that a unified Estuary Authority is the way forward.
       Shannon Estuary         Decisions to be made on type and form of a new Shannon crossing
       Ports



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       Port of Foynes         -   Further investment needed in warehousing.
                              -   Turning area of the Port of Foynes should be increased in size (to approximately
                                  300m diameter) to accommodate larger bulk carriers.
                              -   Need for Investment in information technology.
                              -   Major need for improvement of the transport infrastructure associated with the
                                  port (both rail and road).


Integrated Development of the Shannon Estuary – A Strategic Study
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines
       Integrated Development of the Shannon Estuary – A Strategic Study
       Industry and      The deep water facilities, large tracts of flat land, plentiful supply of fresh water, highly
       Services          assimilative environment, and low population density of the Shannon Estuary were
                         viewed in the Study as making it specially suitable for large projects of industrial
                         development.
                         In addition to the large-scale, stand-alone projects, other industrial activities also offer
                         development potential, although they would be less dependent on estuary facilities.
                         Finally, in conjunction with the development of large and medium sized industrial
                         enterprises on the Estuary envisaged in this study, considerable scope for promoting the
                         growth of a substantial base of small firms in the towns and villages of the Estuary was
                         noted.




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Ø 3.6 Fishing
___________________________________________________________________________________

Many of the national policies relating to fishing aim to balance the objectives and parameters of the EU
Common Fisheries Policy (CFP). National Technical Conservation Measures (TCMs) enable the
fishing regulations defined by the CFP. The present TCMs are all set down in Regulation 850/98
(Official Journal no125/1), there have been 6 amendments since then. National plans also provide for
fisheries research and development (National development Plan 2000 - 2006; A Marine Research,
Technology, Development and Innovation Strategy for Ireland). The County Development Plans
recognise the potential of the fisheries resource as an important recreational and tourism activity in the
rural economy.


Level             Policy
National          Fisheries Acts, 1959 - 1999
                  Harbours Acts, 1946 and 1996
                  Fishery Harbour Centres Acts, 1968 - 1998
                  Foreshore Acts, 1933 to 1998
                  Marine Institute Act, 1991
                  Continental Shelf Act, 1968
                  Maritime Jurisdiction Act, 1959
                  Whale Fisheries Act, 1937
                  Oil Pollution of the Sea (Civil Liability and Compensation) Acts, 1988 to 1998
                  Dumping at Sea Act, 1996
                  Sea Pollution Act, 1991
                  Sea Pollution Amendment Act, 1999
                  Whale Fisheries Act, 1937
                  A Marine Research, Technology, Development and Innovation Strategy for Ireland
                  National Development Plan, 2000 - 2006
                  Irish Aquaculture - The Future; Strategy for Meeting the Global Seafood Challenge
Local             County Development Plans
                  Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
                  Integrated Development of the Shannon Estuary – A Strategic Study




NATIONAL LEVEL - LEGISLATION



Fisheries Acts, 1959 - 1999
         Description & Policy Remit
         There is a plethora of legislation dealing with fishing in Ireland. The Fisheries Acts, 1959 -
         1999, provide for a wide variety of legislation dealing with control and management of
         fisheries resources. The Fisheries (Amendment) Act, 1983 gave the minister the power to
         make regulations to give effect to certain matters relating to the European Communities
         Common Fisheries Policy.

         The most recent acts were the Fisheries Amendment Act, 1997, and the Fisheries
         (Amendment) Act, 1999. The aim of the Fisheries (Amendment) Act, 1997 was to provide
         a transparent licensing process for aquaculture, both offshore and inland. The aim of the
         Fisheries (Amendment) Act, 1999 was to make certain changes to the composition and
         functions of the central fisheries board and regional fisheries boards, to provide for the
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       establishment of a national salmon commission and to provide for a scheme for the tagging of
       wild salmon and sea trout.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources (DoMNR)


       Perception Guidelines

       Technical Conservation Measures, Regulations
       Use of automatic     Equipment which can automatically grade mackerel, herring or scad by size and
       grading equipment    sex is not allowed
       Discards             The retention on board of fish in excess of quota is prohibited
       Restrictions on      Lobsters, crawfish, scallops, clams and whelks may only be landed whole
       landing of shellfish
       Restrictions on      Fishing vessels cannot carry out on board any physical or chemical processing of
       processing           fish to produce fish-meal, fish-oil or similar products except fish offal, surimi or
       operations on board  fish pulp
       fishing vessels


       Fisheries (Amendment) Act, 1997
       Regulation of             It is prohibited for anyone to engage in aquaculture without an aquaculture licence,
       aquaculture               a trial licence, and oyster bed licence or an oyster fishery order.
       Fisheries (Amendment) Act, 1994
        - Provisions relating to salmon, trout, molluscan shellfish and eels
       Fisheries (Amendment) Act, 1991
        - Exemption of trout and coarse fish angling
        - Salmon rod (annual) district licences, juvenile licences and one-day licences
       Fisheries (Amendment) Act, 1987
        - Definition of a fixed engine
       Fisheries (Amendment) Act, 1983
        - Fishing by certain sea fishing boats restricted
        - Regulations requiring sea fishing to comply with certain conditions
        - Conservation of fish stocks
       Fisheries (Amendment) Act, 1978
        - Restriction on foreign sea-fishing boats entering exclusive fishery limits of the state
        - Provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits of the
             state
        - Fishing while on board foreign sea fishing boats within exclusive fishery limits of the State
        - Prohibition of certain methods of fishing within exclusive fishery limits of the state
        - Conservation of fish stocks and rational exploitation of fisheries
        - Regulations giving effect to the Convention on the Conduct of Fishing Operations in the North
             Atlantic
       Fisheries (Amendment) Act, 1962
        - Use of fixed engines for the capture of eels
        - Restriction on purchase of salmon and trout
        - Powers in relation to fishing for salmon at sea and landing and possession of salmon caught at sea
       Fisheries (Consolidation) Act, 1959




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       -    Powers and duties of the minister
       -    Fishery district and electoral divisions
       -    Rates on fisheries
       -    Licences for fishing for salmon, trout and eels
       -    Regulations as to nets
       -    Fixed engines, fishing weirs, fishing mill dams and other obstructions to the passage of fish
       -    Restrictions as to times of fishing for salmon and trout, pollen and eels
       -    Restrictions on sale and export of salmon and trout
       -    Prohibition of certain methods of fishing for, and of practices liable to destroy salmon and other fish
       -    Prohibition on having in possession for sale on board sea fishing boats, undersized fish
       -    Prohibition on landing, selling etc. undersized fish
       -    Procedures for obtaining oyster bed licences
       -    Closed season for harvesting natural oysters between 1st May and 31st August
       -    Bye laws prohibiting the dredging for, or the taking, catching or destroying of oysters or oyster brood
            in a locality
       -    Penalties for damaging licensed oyster beds
       -    Bye-laws prohibiting the taking of molluscs (other than oysters) during a specified period
       -    Restrictions on catching or selling any edible crab carrying any spawn attached to the tail or any other
            exterior part of the crab


       Value Led Guideline

       Technical Conservation Measures, Regulations
       Minimum fixed gear      - Mackerel, Herring, Scad - 50mm
       mesh size (for          - Haddock, Whiting, Sole Plaice - 100mm
       fishing with gill nets, - Cod, White Pollack, Black Pollack, Ling, Hake, Dogfish, Megrim - 120mm
       tangle nets or          - Skates and Rays, Turbot, Brill - 220mm
       trammel nets)           - Monkfish (Area VI and VII) - 250mm

                                A mesh size of 250mm is required in ICES areas VI and VII if more than 30% by
                                weight of the catch on board is monkfish
       Conditions of use of     Twine thickness:
       nets and codend          - Single twine - 8mm maximum
       restrictions (applies    - Multiple twines - 12mm maximum
       to demersal gears        - Meshes made up of multiple twines must be of similar thickness
       only)
                                Codend restrictions:
                                - For nets of mesh size 90 - 119mm (excluding beam trawls) - 100 meshes in
                                   codend circumference excluding selvedges and joinings
                                - For nets of mesh size 55mm and over - the number of meshes must not
                                   increase from the front to the back of the codend; similarly, any extension
                                   piece fitted must not have less than the maximum number of meshes in the
                                   circumference of the codend

                               Square mesh panels:
                               - Length: 3 metres. 2 metres for vessels with engine power <150 horsepower
                               - Width: A maximum of 5 diamond meshes between each side of the panel and
                                   the selvedge
                               - Netting material: Knotless or non-slip knotted netting
                               - Mesh size: 80mm where 70-79mm diamond mesh is used




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       Minimum sizes of         -    Cod, 35cm
       fish (Applies to fish,   -    Black Polack, 35cm
       which can be             -    Haddock, 30cm
       retained on board or     -    White Pollack, 30cm
       landed in Regions 1      -    Hake, 27cm
       and 2. The sizes         -    Whiting, 27cm
       given are for species    -    Black sole, 24cm
       relevant to Irish        -    Plaice, 22cm
       fisheries)               -    Megrim, 20cm
                                -    Ling, 63cm
                                -    Blue ling, 70cm
                                -    Swordfish, 25kg
                                -    Bluefin tuna, 5.4kg
                                -    Mackerel (North Sea, ICES Area IV), 20cm
                                -    Herring 20cm
                                -    Horse Mackerel, 15cm
       Minimum sizes of         -    Queen scallop, 40mm wide
       shellfish (Applies to    -    Grooved carpetshell, 40mm wide
       fish which can be        -    Clam, 40mm wide
       retained on board or     -    Surf clams, 25mm wide
       landed in Regions 1      -    Razor clam, 100mm long
       and 2. The sizes
       given are for species
       relevant to Irish
       fisheries)
       Discards                 The retention on board of undersized fish less than sizes given above and defined
                                in annex XII of regulation 850/98 is prohibited
       Restrictions on          It is prohibited to land crab claws other than as a bye-catch of 5% of the total
       landing of shellfish     weight of the whole crab on board




Harbours Acts, 1946 to 1996

       Description & Policy Remit
       The Harbours Act, 1946 endows certain supervisory and regulatory powers upon Harbour
       Masters in their respective harbour areas.

       Eight new port companies were established for major commercial ports under the Harbours
       Act in 1996. Port companies have duties to enforce existing regulations for preventing
       pollution from port operations and ships in harbours, and have to take due regard to the
       consequences of their activities on the environment.

       Level
       National

       Scale of Decision Making
       Local

       Implementation body or agency
       Harbour authorities

       Perception Guidelines

       Harbours Act, 1996


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       General duties of a     It is the general duty of a port company to have due regard to the consequences of
       company                 its activities on the environment, the heritage (whether natural or manmade)
                               relating to its harbour and the amenities generally in the vicinity of its harbour.



Fishery Harbours Centres Acts, 1968 to 1998
       Description & Policy Remit
       The Fishery Harbour Centres Act, 1968 enables the creation of harbours specifically for
       fisheries’ development; the fisheries harbours are administered by the Minister for the Marine
       and Natural Resources (O’Keeffe, 1990). These acts empower the Minister to make orders
       regarding the management of fishery harbours, including control of dumping.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of Marine and Natural Resources

       Perception Guidelines

       Fishery Harbours Centre Act, 1968
       Operation and       The Minister may make such bye-laws as he deems necessary for the purpose of
       development of      the management, control, operation and development of the centre
       fishery harbours
       centres



Foreshore Acts, 1933 to 1998

       Description & Policy Remit
       The Foreshore Acts, 1933 to 1998, provide that the Minister for the Marine and Natural
       Resources may grant a licence or make a lease in relation to the development of the foreshore
       if he/she considers it in the public interest to do so. In some cases the applicant may be
       required to submit an Environmental Impact Statement

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Department of the Marine and Natural Resources

       Perception Guidelines

       Foreshore Act, 1933
       Foreshore licences      The minister may grant licences for the removal of beach materials, and for the
                               erection of structures or works in or on the foreshore
       Leases and licences     Empowers the minister to lease a section of the foreshore for a period of up to 99
                               years

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       Prohibitory Order        Prohibits the removal of beach material from an area of the seashore
       Public use of the        Regulations in respect to public use of the foreshore do not extend to or effect the
       foreshore                use of any foreshore for the purpose of navigation or fishing



Marine Institute Act, 1991

       Description & Policy Remit
       The act provided for the establishment of the Marine Institute, and defines its functions. It
       makes provision for the carrying out of marine research and development, to secure the co-
       ordination of resources of the State used for marine research.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Marine Institute



Continental Shelf Act, 1968

       Description & Policy Remit
       This act provides for exploration and exploitation of the continental shelf. Any rights of the
       State outside territorial waters over the seabed and sub soil for the purpose of exploring the
       seabed and subsoil, and exploiting their natural resources are vested in the Minister of the
       Marine and Natural Resources. It also makes it an offence if oil is discharged or escapes into
       the sea during exploration or exploitation activities.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Marine Institute



Maritime Jurisdiction Act, 1959

       Description & Policy Remit
       This act describes the extent of Ireland's territorial seas, and internal waters. It also provides
       for 'fishery conservation areas' to protect any fish stock or any other marine resources in an
       area.

       Level
       National

       Scale of Decision Making
       National
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        Implementation body or agency
        Department of the Marine and Natural Resources

        Perception Guidelines

        Maritime Jurisdiction Act, 1959
        Conservation of the   The government may prescribe and adopt such measures of conservation as they
        living resources of   think proper, appropriate to any stock of fish, or other marine resources, in a
        the sea               fishery conservation area of the high seas adjacent to the exclusive fishery limits.
        Maritime Jurisdiction (Amendment) Act, 1964
        Exclusive fishery     Extends the exclusive fishery limits of the State to a distance of 12 nautical miles
        limits of the State   from the nearest point of the baseline
        Maritime Jurisdiction (Amendment) Act, 1988
        Outer limit of the    Extends the outer limit of the Territorial Sea from 3 nautical miles to 12 nautical
        Territorial Sea       miles



Whale Fisheries Act, 1937

        Description & Policy Remit
        Under this act, the hunting of all whale species, including dolphins and porpoises, is totally
        banned within the fisheries limits of the State, i.e. out to 200 miles from the coast. The Whale
        Fisheries Act also prohibits hunting by Irish registered ships of certain whales, including right
        whales and female whales accompanied by calves, outside of the fisheries limit of the State.
        In 1991, Ireland declared its waters a whale and dolphin sanctuary, the first European
        sanctuary within the fishery limits of an entire country.


        Level
        National

        Scale of Decision Making
        National

        Implementation body or agency


Other Legislation
Water quality has a major impact on fisheries and biological resources. Legislation providing for water
quality (e.g. Oil Pollution of the Sea (Civil Liability and Compensation) Acts, 1988 - 1998; Dumping at
Sea Act, 1996; Sea Pollution Act, 1991), is outlined in Section 3 on Water Quality.



NATIONAL LEVEL - POLICIES



A Marine Research, Technology, Development and Innovation
Strategy for Ireland



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       Description & Policy Remit
       This document was developed by the Marine Institute to give a detailed evaluation of the
       multifaceted development potential of the marine resource, based on an exhaustive and
       extensive consultative process with official, community and commercial interests.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Marine Institute

       Perception Guidelines

       A Marine Research, Technology, Development and Innovation Strategy for Ireland
       Angling             Key issues for Ireland’s inland fisheries resources identified by SWOT analysis
                           (undertaken by the Marine Institute) includes;
                           - to examine where amending legislation is required to enable the State to
                               acquire fisheries, and examine opportunities and criteria for the licensing or
                               purchase of State fisheries by community interests,
                           - to identify the extent and nature of education, training and technical advice
                               required to support the complex area of fish stock development and
                               management,
                           - to identify river sections requiring co-operative actions to enhance individual
                               returns, and investigate mechanisms and structures to facilitate such co-
                               operation,
                           - identification of best international practice in the formation of participative
                               structures for community involvement in fisheries development.
       Priorities for Sea  - Maintain ongoing dialogue and develop mechanisms for co-ordination
       Fisheries               between the organisations involved in sea fisheries R&D and industry.
                           - Carry out a major programme of exploratory fishing to chart fishing grounds,
                               both in offshore and shallow waters to identify breeding grounds and nursery
                               areas, and to guide trawling activities.
                           - Allocate further resources to develop sustainable management strategies for
                               non-quota stocks and inshore species.
       Finfish Aquaculture Objectives of the Strategy include;
                           - to clearly define and co-ordinate the roles of the various agencies involved, so
                               as to manage and co-ordinate scientific research in support of the industry,
                           - to liase closely with industry on a constant basis so as to identify research
                               needs and to deal with immediate problems as they arise.
       Shellfish           There is a clear need to expand, extend or initiate the following actions;
                           - to create comprehensive stock databases for all commercial shellfish species,
                           - to establish mechanisms to ensure high quality seed supply for existing
                               commercial and new species,
                           - to investigate biological control of fouling organisms on cultivated shellfish,
                           - to continue and support R&D by State and commercial enterprises into on-
                               growing systems for all species, and
                           - to strengthen regional technical advisory centres as co-ordinated, co-operative
                               ventures between State Agencies to accelerate the transfer of RTD (Research,
                               Technology & Development) results to industry.
       Seaweed             The main objective is to maximise the use of the national resource in a manner
                           consistent with sustainable development and with appropriate husbandry.




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National Development Plan, 2000 - 2006

       Description & Policy Remit
       The National Development Plan sets out a development strategy in the key areas of
       infrastructural development, education and training, the productive sector and the promotion
       of social inclusion. The Plan also contains a commitment and accompanying framework for
       the promotion of more balanced regional development.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines

       National Development Plan
       Seafood Sector        National policy will continue to balance the objectives and parameters of EU
                             Common Fisheries Policy with the potential to develop the sector in coastal regions
                             where alternative work opportunities are few.
       Fisheries/Marine      It is intended that funding will be provided for:
                             - enhanced research vessel capabilities to cover outer Shelf activities;
                             - upgrade of marine laboratories to provide an infrastructural platform to support
                                   ongoing research;
                             - establishment of a Marine RTDI (Research, Technological Development &
                                   Innovation) Fund to support project based R&D in targeted areas. (See “A
                                   Marine RTDI Strategy for Ireland”).




Irish Aquaculture – The Future; Strategies For Meeting The Global
Seafood Challenge, 2000.
       Description & Policy Remit
       This study was commissioned by the Department of the Marine and Natural Resources
       (DOMNR) as a major strategic analysis of the future of the Irish aquaculture industry. The
       study foresees major expansion in the aquaculture industry over the next 15 years and a more
       detailed development and investment process in the coming 5 years.

       -   This study recommends that any investment obstacles should be handled immediately by
           the state so that Ireland can play its part in the global seafood challenge.
       -   Expansion in output must be market led. Marketing must correspond to consumer trends;
           provide the customer with what they want, products that are quick and easy to use.
       -   The Irish aquaculture industry requires a greater degree of differentiation to offer a
           greater range of styles; it therefore requires large investment in processing and value-
           added capacity.
       -   The mission of the industry until 2015 is as follows: the aquaculture industry must exploit
           business opportunities to maximum potential, increase exports and employment in
           peripheral regions by producing at least 150,000 tonnes of output by 2015.

       Level
       National


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        Scale of Decision Making
        National

        Implementation body or agency
        Department of the Marine and Natural Resources

        Perception Guidelines

        Irish Aquaculture – The Future; Strategies For Meeting The Global Seafood Challenge
        - Build critical mass in salmon, sea reared trout and mussels. Increase level of value added in the
             production chain
        - Increase peripheral coastal income and jobs, through species with lower capital costs such as Gigas
             oysters.
        - The state must enhance its services underpinning quality, sustainable development, regulation and
             other technical and policy areas.
        - Greater support needed for innovation led development, which ensures that research and development,
             technology transfer and technical services will better meet the needs of the industry.



LOCAL LEVEL - POLICIES




County Development Plans7
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.

        Level
        Local

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Authority

        Perception Guidelines
        Kerry County Development Plan
        Fishing and        The Council will facilitate the development of sea/fishing and mariculture by:
        Mariculture        - maintaining ports, quays and slipways for which it has responsibility;
                           - by facilitating the development of on-shore primary and secondary processing
                               units, in accordance with the proper planning and development of the area;
                           - by co-operating with all agencies and bodies involved in the promotion and
                               development of fishing and mariculture.
                           - On-shore mariculture developments will be subjected to stringent controls and
                               conditions with regard to siting, design landscaping, effluent and waste control.




7
 Only those development plans which mention fishing as a specific issue, have been reviewed in this
section.

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Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
       Description & Policy Remit
       This Plan examines the progress made by the tourism sector over recent years, analysis the
       current position of the Region in development and marketing terms, and finally proposes a
       strategic direction for product development and marketing in the Region up to 2006.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Cork/Kerry Regional Tourism Authority

       Perception Guidelines

       Cork Kerry Tourism Regional Tourism Plan 1999 – 2006
       The Lee Valley       Further investigation into the marketing viability of holding the World Coarse
                            Angling Championships on the Inniscarra / Carrigadrohid waters is required. On-
                            going development of coarse angling facilities by the Fishery Board is significant.




Integrated Development of the Shannon Estuary – A Strategic Study
(Fishing)
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines
       Integrated Development of the Shannon Estuary – A Strategic Study
       Mariculture         An assessment of the potential of sites for mariculture carried out for Shannon
                           Development at that time showed that while most of the Estuary was deemed
                           unsuitable, there were a few sites with excellent potential for certain types of
                           mariculture.




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       Possible Conflicts   Subject to industry fully complying with environmental regulations, dilution and
       with Mariculture     dispersion in the Estuary appear to be sufficient to ensure that there would be no
                            conflict with mariculture in the lower Estuary.
                            Providing the needs of both mariculture and tourism are carefully considered by the
                            Planning Authorities and by the Department of the Marine in making Designation
                            Orders and in Granting mariculture licences, no conflicts are likely to arise on the
                            Estuary.
       Fishing              The Shannon Regional Fisheries Board is responsible for fishery control and
                            development downstream of Limerick City, except for three salmon weirs held by
                            the ESB.
                            The protection of the salmon fishing industry, as with shellfish, calls for careful
                            monitoring.
       Fish Processing      To maximise the value added and employment of the fishing resource, full use
                            should be made of the Raheen Food Centre in the areas of training, processing,
                            facilities, marketing and research and development.




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Ø 3.7 Human Health
___________________________________________________________________________________

There are many acts and policy documents that provide for human health at all levels (e.g. safety at
work regulations). However, the main legislation providing for human health that has a potential
impact on the Cork Harbour and Shannon Estuary areas are: the Public health Act, 1863, and the
Environment Protection Agency Act, 1992.


Level              Legislation/Policy
National           Public Health (Ireland) Act, 1863
                   Environment Agency Act, 1992




NATIONAL LEVEL - LEGISLATION




Public Health (Ireland) Act, 1863
        Description & Policy Remit
        This Act empowers sanitary authorities to provide their districts with a supply of water which
        is proper and sufficient for both public and private purposes and must provide and keep in
        their waterworks a supply of pure and wholesome water.

        Level
        National

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Sanitary Authorities

        Perception Guidelines
        Public Health (Ireland) Act, 1863
        - Section 15 vests existing and future sewers, with some exceptions, in the relevant sanitary authority.
        - Section 17 imposes on sanitary authorities the duty of maintaining sewers.




Environment Protection Agency Act, 1992
        Description & Policy Remit
        An act to make further and better provision for the protection of the environment and the
        control of pollution, to establish an Environmental Protection Agency, for these and other
        purposes to increase certain existing monetary penalties and to provide for other matters
        connected with the matters aforesaid.

        Level
        National

        Scale of Decision Making
        Local

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       Implementation body or agency
       Environment Protection Agency

       Perception Guidelines
       Environment Agency Act, 1992
       Drinking water      To monitor the quality of water intended for human consumption pursuant to the
                           European Communities (Quality of Water Intended for Human Consumption),
                           Regulations, 1988




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Ø 3.8 Atmospheric Emissions
___________________________________________________________________________________

Air quality is primarily provided for by the Air Pollution Act, 1987. At a local level, the local
authorities are responsible for producing 'Air Quality management Plans'. The decision by Cork
Corporation and Cork County Council to prohibit bituminous coals have allowed for improved air
quality, particularly in the upper harbour area, over the city centre.


Level              Legislation/Policy
National           Air Pollution Act, 1987
                   Radiological Protection Act, 1991
                   Environment Protection Agency Act, 1992
Local              County Development Plans
                   Integrated Development of the Shannon Estuary – A Strategic Study




NATIONAL LEVEL - LEGISLATION




Air Pollution Act, 1987
        Description & Policy Remit
        This act provides for the control of air pollution and other matters connected with air
        pollution. The act makes the occupier of a premises responsible for using 'best practicable
        means' to limit, and if possible, prevent, emissions from a premises. For the purpose of
        preventing or limiting air pollution, the Minister for the Environment may, by regulations,
        prohibit or restrict the emission into the atmosphere of smoke from any premises. The
        minister may also set air quality standards and/or emission limit values.

        The local authorities are obliged to monitor and maintain a register of emissions in their areas.
        They can also limit or restrict emissions by serving notice to the occupier of the premises.
        Local authorities are required to produce 'Air Quality Management Plans', which should be
        reviewed and updated at least once every five years. Local authorities can also designate areas
        as 'Special Areas of Control', following a special control area order which specifies:
        The area to which it relates,
        The pollutant with which it is concerned,
        The measures to be taken and the requirements which shall have effect in the area to which the
        order relates.

        Emissions from industrial plants are licensed and controlled by the Environment Protection
        Agency, who issue Integrated Pollution Control Licences (IPCs). This approach to licensing
        dictates that only one licence is issued to an industrial facility to control all aspects of air,
        water, waste and noise pollution. Emissions data is supplied to the EPA by the local
        authorities.


        Level
        National

        Scale of Decision Making
        National



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       Implementation body or agency
       Department of the Environment

       Perception Guidelines
       Air Pollution Act, 1987
       General provisions The minister, may by regulations, prohibit the production, treatment, use, import,
                            placing on the market, distribution or sale of any substance (other than a fuel) which
                            may cause air pollution.
                            The occupier of a premises has an obligation to prevent air pollution from that
                            premises
                            Local authorities may serve notice on the occupier of a premises from which there is
                            an emission
                            The occupier of a premises, other than a private dwelling, must notify the local
                            authority in the event of an emission
       Licensing of         Section 3 of the act provides for the licensing of new and existing industrial plants.
       industrial plants
       Special Control      Local authorities may make orders to declare Special Control Areas for air
       Areas                emissions.
       Air Quality          Local authorities are required to produce 'Air Quality Management Plans', which
       Management Plans should be reviewed and updated at least once every five years
       Monitoring of Air    Local authorities are obliged to monitor and maintain a register of emissions in their
       Emissions            area.
       Air Pollution Act, 1987 Regulations, 1997
       Petroleum Vapour These regulations introduce controls on petroleum vapour emissions resulting from
       Emissions            the storage and distribution of petrol, which is intended for use for motor vehicles.
                            The regulations provide for the monitoring of compliance of service stations and
                            mobile container operators by relevant local authorities. The regulations give effect
                            elements of Directive 94/63/EC



       Value Led Guideline
       Air Pollution Act, 1987
       Air quality standards Section 50. The minister may, by regulations, specify air quality standards for
                              different areas. S.I No. 244 of 1987 specifies air quality standards for sulphur
                              dioxide, suspended particles, lead and nitrogen dioxide.
       Air Pollution Act, 1987 Regulations, 1990
       Emission limit          These regulations specify an emission limit value for asbestos in the case of
       values                  industrial plants concerned with the production and processing of asbestos and the
                               manufacture of asbestos-based products.

       Air Pollution Act, 1987 Regulations 1992
       Emission limit         - These regulations, which amend and supplement the Air Pollution Act, 1987,
       values                     specify emission limit values for sulphur dioxide, nitrogen oxides and dust for
                                  combustion plants in accordance with Directive 88/609/EEC on the limitation
                                  of emissions of certain pollutants from such plants.
                              - These regulations change the permitted sulphur content of allowable fuels
                                  within the restricted area from 1.5% to 2% and confine the transport of
                                  prohibited fuels within that area to loads in excess of 3 metric tonnes in
                                  weight.

       Air Pollution Act, 1987 Regulations, 1994




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       Sulphur Content of       -    These regulations prohibit the sale and marketing of gas oil, the sulphur
       Gas Oil                       content of which expressed as sulphur, exceeds 0.05% by weight. The
                                     regulations give effect to Directive 93/12/EEC relating to sulphur content of
                                     certain liquid fuels.
       Marketing, Sale and      -    These regulations prohibit the marketing, sale and distribution of bituminous
       Distribution of Fuels         coals within the restricted area of Cork and set certain standards for allowable
       (Cork)                        fuel within that area. These regulations also make provision for their
                                     enforcement by Cork Corporation and Cork County Council within their
                                     respective functional areas.


       Air Pollution Act, 1987 Regulations, 1996
       Emission Limit         These regulations give effect to Directive 94/66/EC, by transposing them to Irish
       Values for             law. They specify emission limits for emission of sulphur dioxide from large
       Combustion Plants      combustion plants, with rated thermal input between 50mw and 100mw, using
                              solid fuels. The regulations also restate the emission limit values for large
                              combustion plants with rated thermal input greater than 100mw.




Radiological Protection Act, 1991
       Description & Policy Remit
       This act provides for the establishment of the Radiological Protection Institute of Ireland,
       which replaced the Nuclear Energy Board. It also sets out functions in relation to the control
       of activities involving radioactive substances, devices and irradiating apparatus.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Radiological Protection Institute of Ireland

       Value Guideline
       Radiological Protection Act, 1991
       Radioactive           All activities involving radioactive substances, nuclear devices and irradiating
       substances, nuclear   apparatus are prohibited except under licence issued by the Radiological Protection
       devices and           Institute of Ireland.
       irradiating apparatus



Environment protection Agency Act, 1992
       Description & Policy Remit
       An act to make further and better provision for the protection of the environment and the
       control of pollution, to establish an Environmental Protection Agency, for these and other
       purposes to increase certain existing monetary penalties and to provide for other matters
       connected with the matters aforesaid. The EPA has wide executive functions. Section 101 of
       the act provides for the extension to the Agency of certain powers under the Air Pollution Act,
       1987.

       Level
       National

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        Scale of Decision Making
        Local

        Implementation body or agency
        Environment Protection Agency

        Perception Guidelines
        Environment Protection Agency Act, 1992
        Emission Limit       The EPA may make recommendations in relation to
        Values and Quality   - The specifying of air quality standards under section 50 of the Air Pollution
        Standards                Act, 1987
                             - The specifying of emission limit values under section 51 of the Air Pollution
                                 Act, 1987

        Value Led Guideline
        Environment Protection Agency Act, 1992 (Control of Volatile Organic Compound Emissions
        Resulting from Petrol Storage and Distribution) Regulations, 1997
        Volatile Organic      These regulations transpose elements of EC Directive 94/63/EC into Irish Law to
        Compound              introduce control on volatile organic compound emissions resulting from petrol
        Emissions             storage and distribution at terminals. The EPA operates a system of permits to
                              regulate activities.
        Environment Protection Agency Act, 1992 (Ozone) Regulations, 1997
        Air Pollution by      These regulations transpose Directive 92/72/EEC on air pollution by tropospheric
        Tropospheric Ozone (ground level) ozone into Irish law. Provisions are laid down in relation to
                              tropospheric ozone and functions are assigned to the EPA in relation to the
                              measurement of tropospheric ozone concentrations and the provision of
                              information to the public in the event of the population information or population
                              warning thresholds being exceeded.




LOCAL LEVEL - POLICIES



County Development Plans8
        Description & Policy Remit
        Each planning authority must make a development plan, and review it every five years. The
        plan states the authority’s policies for land use and for development control and promotion in
        its area. The authority, in exercising control, must consider the provisions of the Plan, and try
        to secure its objectives.

        Level
        Local

        Scale of Decision Making
        Local

        Implementation body or agency
        Local Authority



8
  Only those development plans which mention atmospheric emissions as a specific issue, have been
reviewed in this section.

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       Perception Guidelines

       Cork County Development Plan 1996
       Renewable Energy   National and international initiatives for limiting emissions of greenhouse gases are
                          strongly supported by the County Council in the 1996 Plan.
       Cork City Development Plan Review 1998
       Air Quality        In accordance with the 1987 Air Pollution Act Cork Corporation monitors
                          concentrations of smoke and sulphur dioxide in the atmosphere. At present nitrogen
                          oxide is not monitored.


Integrated Development of the Shannon Estuary – A Strategic Study
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines

       Integrated Development of the Shannon Estuary – A Strategic Study
       Air            The Air Pollution Act, 1987, ensures that standards imposed on new industry in the
                      Estuary will be at least the minimum applying throughout the EC, and that adequate
                      monitoring arrangements will be made to ensure compliance with standards imposed.




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Ø 3.9 Conservation
(Natural Environment / Landscape/ Historic Environment)
___________________________________________________________________________________

In recent years, Ireland's nature conservation policies have focused on the identification, designation
and conservation of protected areas. This has arisen from the recognition of the need to establish
Natural Heritage Areas (NHAs) with legislative backing, and to afford protection to sites designated
under the EU regulations on wild birds and habitat protection. There has also been increased
awareness towards the preservation of Irelands historic environment, primarily covered by the Heritage
Act 1995, and is also recognised by the local County Development Plans.


Level            Legislation/Policy
National         Wildlife Act, 1976 and Wildlife Amendment Bill, 1999
                 National Development Plan, 2000 - 2006
                 A Marine Research, Technology, Development and Innovation Strategy for Ireland
                 First National Report on the Implementation of the Convention on Biological
                 Diversity By Ireland 1998. – Department of Arts, Heritage Gaeltacht and the Islands.
                 Heritage Act 1995
                 National Monuments Act 1930

Local            County Development Plans
                 Integrated Development of the Shannon Estuary – A Strategic Study
                 Local Agenda 21




NATIONAL LEVEL - LEGISLATION



Wildlife Act, 1976 and Wildlife Amendment Bill, 1999
        Description & Policy Remit
        The functions of the National Parks and Wildlife Service are to administer and enforce the
        Wildlife Act, 1976. The principal legal framework for the protection of wildlife is contained
        in this act. One of the responsibilities of the NPWS is the protection and management of sites
        of importance for wild plants and animals. Under the Wildlife Act the NPWS can make the
        following designations:

        Statutory Nature Reserves are areas set aside for the conservation of plants, animals and their
        habitats (Hickie, 1994). Under the Wildlife Act, 1976 undesirable development is prohibited
        in these areas. They are, therefore, the most strictly protected areas. A total of 78 sites were
        declared in 1994, covering 18,095 hectares. Although legally Nature Reserves can extend
        beyond the MHWM, only one such designation exists to date, namely Lough Hyne in County
        Cork (Hickie, 1994).

        Areas of Scientific Interest (ASIs) are designated because of their ecological or geological
        importance. According to Hickie (1994) these areas represent the remaining areas where wild
        flora and fauna still exist in a relatively natural state, and where geological features are well
        represented. Of the 1600 sites identified to date, only a minority (circa 10%) are protected
        legally. However, ASIs are presently in a process of re-designation to Natural Heritage Areas
        (NHAs). An NHA has been defined as an area of special interest for its fauna and/or flora,
        either as individual species or as communities or for its geology or topography. NHAs are
        expected to be given new legal status with a forthcoming amendment to the Wildlife Act,
        1976.

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         The Wildlife (Amendment) Bill 1999 has almost been passed and is at the second stage in the
         Oireachtas, the Upper House of the Government.

         The following text is taken from the Explanatory Memorandum to the Wildlife (Amendment)
         Bill, 1999 (supplied by Dóchas, 26/04/00)
The main objectives of this Bill are to:
- provide statutory protection for Natural Heritage Areas (NHAs);
- improve a number of measures, or introduce new ones, to enhance the conservation of wildlife
    species and their habitats;
- enhance a number of existing controls in respect of hunting, which are designed to serve the
    interests of wildlife conservation, and introduce new powers to regulate commercial shoot
    operators;
- ensure or strengthen compliance with international agreements and, in particular enable
    ratification of the Convention on International Trade in Endangered Species (CITES) and the
    Agreement on the Conservation of African-Eurasian Migratory Waterbirds Agreement (AEWA);
- introduce statutory protection for geological and geomorphological sites;
- increase substantially monetary fines for contravention of the Wildlife Acts and introduce prison
    sentences in addition to those fines;
- enable the Minister to act independently of forestry legislation (e.g. in relation to the acquisition of
    land by agreement);
- strengthen the protective regime for Special Areas of Conservation (SACs) by ensuring that
    protection will in all cases apply from the time of notification of proposed sites; and
- give specific recognition to the Minister’s responsibilities in regard to promoting the conservation
    of biological diversity, in the context of Ireland’s commitment to the UN Convention on Biological
    Diversity.

         The Wildlife Amendment Bill (pending) will provide for the establishment and protection of a
         national network of protected areas of both natural heritage and geological importance; these
         areas will be known as Natural Heritage Areas (NHAs).

         Level
         National

         Scale of Decision Making
         National

         Implementation body or agency
         National Parks and Wildlife Service

         Perception Guidelines
         The regulations made under this act provide up-to date laws for the protection and
         conservation of wild flora and fauna, and the conservation of areas having specific wildlife
         value. The orders and regulations made under the Wildlife Act, with relevance to land use
         and development, are described below.


         Wildlife Act, 1976
         Wildlife                Sections 15 and 16 Provides for the protection of land, as nature reserves, where
         conservation and        the land
         protection               - Includes the habitat or forms the habitat of part of the habitat of one or more
                                       species or community of flora or fauna being a species or community which is
                                       of scientific interest
                                  - Includes or forms an ecosystem which is of scientific interest
                                  and that the habitat or ecosystem is likely to benefit if measures are taken for its
                                  protection.


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       Open Seasons            The minister may by order provide that open seasons for hunting, on a day or
                               period of days so specified, be permitted for certain protected wild birds and for
                               certain wild mammals.
       Wildlife Act 1976, - Wildlife Advisory Council Order, 1978
                              Established the Wildlife Advisory Council representative of various interests, to
                              make recommendations to the minister on policy, objectives and programmes
                              conserving wildlife conservation.
       Wildlife Act, 1976, - Acquisition of Land Regulations, 1978
                              Defines the form of notice to be published where it is intended to purchase land
                              under Section 55 of the 1976 Act.




NATIONAL LEVEL - POLICIES




National Development Plan
       Description & Policy Remit
       The National Development Plan sets out a development strategy in the key areas of
       infrastructural development, education and training, the productive sector and the promotion
       of social inclusion. The Plan also contains a commitment and accompanying framework for
       the promotion of more balanced regional development.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       State Government

       Perception Guidelines

       National Development Plan
       Coastal Erosion       The objective for the period 2000-2006 will be to address on a prioritised basis
                             urgent coastal erosion problems. The response to particular cases of erosion will be
                             formulated in the context of a national coastal protection strategy.




A Marine Research, Technology, Development and Innovation
Strategy for Ireland

       Description & Policy Remit
       This document was developed by the Marine Institute to give a detailed evaluation of the
       multifaceted development potential of the marine resource, based on an exhaustive and
       extensive consultative process with official, community and commercial interests.

       Level
       National



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       Scale of Decision Making
       National

       Implementation body or agency
       Marine Institute

       Perception Guidelines

       A Marine Research, Technology, Development and Innovation Strategy for Ireland
       The Marine Institute recognises the need for an integrated marine environmental Research & Development
       Programme, with the inter-related core components of research, monitoring and assessment.
       Further Programme Actions that the Institute believed to be essential included Coastal Zone Management.

       Coastal Zone Management        Only in conjunction with a number of other bodies can planning authorities
                                      hope to apply coastal zone policies. The Department of the Marine is
                                      carrying out a Review of Coastal Zone Policy in order to create the
                                      conditions for a more integrated approach.
       The Marine Technology          A clear need is identified for an improved understanding of coastal
       Sector                         dynamics, the engineering options available, and the economics involved in
                                      the process of coastal protection.



First National Report on the Implementation of the Convention on
Biological Diversity By Ireland 1998. – Department of Arts, Heritage
Gaeltacht and the Islands.
       Description & Policy Remit
       This national report focuses on information available on biological diversity in Ireland and
       measures for its conservation and sustainable use, as well as on the steps taken for the
       implementation of Article 6 of the Convention on Biological Diversity 1996.

       Level
       National

       Scale of Decision Making
       National

       Implementation body or agency
       Government Department

       Perception Guidelines

       First National Report on the Implementation of the Convention on Biological Diversity By Ireland
       1998. – Department of Arts, Heritage Gaeltacht and the Islands.
       Conservation           · The Whale Fisheries Act 1937 bans the hunting of all whale species,
                                   including dolphins and porpoises, within the fisheries limits of the state.
                              · In light of threats to marine biodiversity, it is recognised that greater
                                   appreciation is needed towards the importance of such biodiversity and of its
                                   value both ecologically and in an economic sense.




Heritage Act, 1995


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        Description & Policy Remit
        An act to promote public interest in, and knowledge, appreciation and protection of the
        national heritage, to establish a body know as the Chomhlaire Oidhreachta (Heritage
        Council)and to define its functions.

        Level
        National

        Scale of Decision Making
        National and Local

        Implementation body or agency
        Department of Arts, Heritage, Gaeltacht and the Environment

        Perception Guideline

        Heritage Act, 1995
        Functions of the       The Heritage Council proposes policies and priorities for the identification,
        Heritage Council       protection, preservation and enhancement of the national heritage including:
                                - monuments
                                - archaeological objects
                                - heritage objects
                                - architectural heritage
                                - flora
                                - fauna
                                - wildlife habitats
                                - landscapes
                                - seascapes
                                - wrecks
                                - geology
                                - heritage gardens and parks
                                - inland waterways
        Heritage Buildings     The Heritage Council may consult with or advise a public authority in relation to
        Owned by a Public      the maintenance, preservation, restoration, upkeep and improvement of any
        Authority              heritage building owned by the authority




National Monuments Act 1930
        Description & Policy Remit
        An act that provides for the protection and preservation of National Monuments and for the
        preservation of archaeological objects in Soarstát Eireann.

        Level
        National

        Scale of Decision Making
        National and Local

        Implementation body or agency
        Department of Arts, Heritage, Gaeltacht and the Environment

        Perception Guideline

National Monuments Act 1930
Preservation      Where it appears to the Minister that a monument which in his opinion is a national
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orders.             monument is in danger of being or is actually being destroyed, injured, or removed,
                    or is falling into decay through neglect, the Minister may by order entrust the
                    preservation of such monument to the Commissioners
Protection and      (1) Where the Commissioners or a local authority are the owners or the guardians of
Preservation        a national monument, the Commissioners or such local authority shall maintain such
                    monument and shall have for themselves, their workmen, agents and licensees free
                    access to such monument for the purpose of inspecting it and bringing such materials
                    and doing such acts and things as they may consider necessary or expedient for the
                    maintenance thereof.
                    (2) Where the Commissioners or a local authority are the guardians of a national
                    monument, the Commissioners or such local authority may agree with the owner of
                    such monument or with any other person for the maintenance of such monument by
                    such owner or other person either at his own expense or at the cost of the
                    Commissioners or such local authority.
Prohibition of      It shall not be lawful for any person to do any of the following things in relation to a
injury to national  national monument of which the Commissioners or a local authority are the owners
monument.           or the guardians or in respect of which a preservation order is in force, that is to
                    say:—
                         (a) to demolish or remove wholly or in part or to disfigure, deface, alter, or in
                    any manner injure or interfere with any such national monument without or
                    otherwise than in accordance with the consent hereinafter mentioned, or
                         (b) to excavate, dig, plough or otherwise disturb the ground within, around,
                    or in proximity to any such national monument without or otherwise than in
                    accordance with the consent hereinafter mentioned, or
                         (c) to sell for exportation or to export any such national monument or any
                    part thereof.
National Monuments (Amendment) Act 1987
Protection of sites Where the Commissioners are satisfied in respect of any place on, in or under the sea
of historic wrecks. bed of the territorial waters of the State or on, in or under the sea bed to which
                    section 2 (1) of the Continental Shelf Act, 1968, applies or on or in land covered by
                    water that—
                          (a) it is or may prove to be the site where a wreck or an archaeological
                    object lies or formerly lay, and
                         (b) on account of the historical, archaeological or artistic importance of
                    the wreck or the object, the site ought to be protected.

                       they may by order designate in area of the sea bed, or land covered by water, around
                       and including the site as a restricted area.



LOCAL LEVEL - POLICIES



County Development Plans9
          Description & Policy Remit
          Each planning authority must make a development plan, and review it every five years. The
          plan states the authority’s policies for land use and for development control and promotion in
          its area. The authority, in exercising control, must consider the provisions of the Plan, and try
          to secure its objectives.

          Level
          Local

9
  Only those development plans which mention conservation as a specific issue, have been reviewed in
this section.

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       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines

       Cork County Development Plan 1996
       Environmental      An attractive physical environment was acknowledged to be of vital importance to
       Protection         tourism development, with the safe and economic disposal of wastes stated to be of
                          prime concern.
       Telecommunications Proposals in highly scenic areas, such as exposed coastal, mountain or upland
                          areas, should not significantly detract from visual amenities.
       Housing and        New individual houses in coastal areas outside zoned development areas will only
       Settlement Policy  be permitted where sufficiently sympathetic to its environment. Agriculture will be
                          maintained as the dominant existing use in coastal areas.

       Conservation of     Approached in three ways:
       Built Heritage      - ‘listing’ active conservation measures,
                           - education, by high-lighting the importance of heritage features in selected
                                areas,
                           - the Finance Act 1983, which allows for tax incentives to owners of historic
                                buildings open to the public and in which investment is made in restorative
                                works.
       Cork County Development Plan, South Area 1996
       Fota Island & The   The ecological importance of Fota Island & the Upper Harbour was confirmed by a
       Upper Harbour       planning study undertaken by An Foras Forbartha in 1975. Cork Harbour has been
                           established as a habitat of international importance for birdlife. Factors such as
                           encroachment on mudflats for port industrial and other developments, and the
                           alignment of the new “Euro-road” highlight the need to conserve remaining areas
                           of importance for birds.
                           In order to protect scenic landscape by continuing existing land uses, zoning of
                           certain sites for agriculture/forestry is controlled.
                           The shorelines of Fota Island are protected by stringent controls to ensure that new
                           development will not negatively impact the estuarine landscape.
       Crosshaven and Bays The Plan states the importance of controlling housing growth and directing it into
                           areas where it is most likely to have benefits, and least likely to lead to a long-term
                           erosion of the attractions of Crosshaven and the wider Harbour area.
                           A limit will also be imposed on the westward growth of development to prevent
                           damage to the visual and scenic amenities of the Owenabue Estuary.
       Little Island       The Councils policies and zoning provisions for Little Island are aimed to aid and
                           facilitate the islands co-ordinated industrial development, the limited expansion of
                           residential uses, and the protection of visually vulnerable areas.
       Cork City Development Plan Review 1998
       Wildlife            When and where required, Conservation Orders may be made under the Planning
                           Acts with respect to the more threatened species of flora and fauna within the city.
                           The Douglas Estuary was designated as a Special Protection Area for Wild Birds
                           (SPA) under the European Communities (Conservation of Wild Birds) Regulations,
                           1994.
                           The River Lee from its source to the Cork City Waterworks is also a designated
                           Salmonid River under the EU Freshwater Fish Directive.
       The Built Heritage  Developers are required to record evidence of the city’s origins prior to
                           development by undertaking appropriate archaeological investigations. They may
                           also be required to preserve in situ monuments of national importance and other
                           significant structures.



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       South East Sector   The land to the south of the South Ring Road has a particularly attractive natural
                           setting, and the lower ground along the shoreline will be retained in
                           amenity/recreational use, with coastal walks. However this would not preclude
                           limited development at some point on the shoreline.
       Kerry County Development Plan
       Areas of Special    It will be the policy of the Planning Authority to limit building developments in
       Amenity             areas of special Amenity, and no development will be permitted which would be
                           seriously injurious to the amenities or natural beauty of these areas.
       Historical,         It will be an objective of the Planning Authority to preserve those places and
       Archaeological and  monuments of historical and archaeological importance in the county as listed in
       Geological Sites    the Plan.
       Areas of Zoological An important objective of the Council will be the consideration of making Special
       and Botanical       Amenity Area Orders and Conservation Orders to protect the flora and fauna of
       Interest            those areas listed by the Plan, should the need for such protection arise.
       Sand Dune           It is a policy of the Council to preserve sand dunes by undertaking appropriate
       Preservation        conservation measures and co-operating with other agencies in the implementation
                           of conservation management proposals.
       Limerick County Development Plan
       General Policy      The Corporation aims to promote the conservation and improvement of the
                           Environment in a manner that benefits the resident population and enhances the
                           business environment upon which that population depends for a livelihood.
                           Whilst development is not precluded under NHAs, SPAs and also in special
                           amenity value areas any development taking place must be compatible with the
                           environment and with the principle of sustainable development.
       Urban Design and    Strong emphasis is to be placed on the design aspects of Limerick city and on
       Conservation        heritage conservation. This is to be achieved through:
                           · Elaboration of a “Design Vision” in terms of studies and Action Area Plans
                           · Conservation of the built environment
                           · Exercise of development control
       Clare County Development Plan
       Environmental       It is the policy of the Planning Authority to:
       Designations        - have regard to the likely ecological impact of any proposed developments on
                                 proposed Natural Heritage Areas, candidate Special Areas of Conservation,
                                 Special Protection Areas and/or sites that were formerly known as Areas of
                                 Scientific Interest.
                           - Take the importance of the environmentally designated areas into account
                                 when considering applications for development in their vicinity.
                           - To conserve the existing range of flora and fauna in the County through the
                                 protection of wildlife habitats wherever possible.
       Development         The Planning Authority will ensure that visual impacts of a proposed development
       Control             are kept to a minimum, so that actions by an individual do not impose undesirable
                           effects on the community as a whole.
       Archaeology and     It is the policy of the Planning Authority to protect and preserve the county’s
       Built Heritage      archaeological and built heritage.

Integrated Development of the Shannon Estuary – A Strategic Study
       Description & Policy Remit
       Shannon Free Airport Development Company Limited carried out this comprehensive
       strategic study of the Shannon Estuary in 1989. The Study aimed to take account of previous
       surveys and studies carried out in recent years, and to include the natural and economic
       advantages of the Estuary, the potential for integrated development, the role of existing
       installations, a draft outline plan for the optimum development of the Estuary, as well as an
       estimation of development costs involved.

       Level
       Local


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       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority

       Perception Guidelines
       Integrated Development of the Shannon Estuary – A Strategic Study
       Ecology             According to the criteria adopted by the 1974 International Conference on the
                           Conservation of Wetlands and Waterfowl, the Shannon Estuary is a wetland of
                           international importance for birds. Its value and uniqueness are confirmed by the
                           number of areas of scientific interest designated by An Foras Forbartha (1981) in the
                           Estuary.
       Visual Impact       Although the area of the Estuary is 600 sq.km. at high water, it is very flat and open.
                           Therefore great attention should be paid to the detail of the design and colour of
                           buildings.
       EIA                 Since July 1988, under EC directive 85/337, an “Environmental Impact Assessment”
                           is a mandatory part of a planning permission for major projects.




Local Agenda 21
       Description & Policy Remit
       Ireland was one of 150 nations that endorsed Agenda 21 at the Earth Summit in 1992. Agenda
       21 deals with sustainable development, which is defined as "development that meets the needs
       of the present without compromising the ability of future generations to meet their own
       needs". Local Authorities are called upon to enter into dialogue with their citizens, local
       organisations and private enterprises and adopt a Local 21 Strategy. Most of the county
       councils and city corporations with responsibility in the Cork Harbour and Shannon Estuary
       areas, are currently developing Local Agenda 21 policies.

       Level
       Local

       Scale of Decision Making
       Local

       Implementation body or agency
       Local Authority and local communities




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Key Regulatory Stakeholders
Organisation                              Responsibilities

National - Government Departments
§ Department of the Marine and Natural Licensing for:
    Resources                           1. Foreshore developments,
                                        2. Dumping at sea,
                                        3. Aquaculture.
§ Department of Arts Heritage, Gaeltact 1. National Parks and Wildlife Service
    and the Islands                     2. Dúchas
§ Department of Environment and         Policy formulation and legislation for environmental
    Local Government                    matters on landward side of Mean High Water Mark
                                        (MHWM).
§ Department of Defence (Naval          Fisheries protection,
    Service)                            Marine pollution control,
                                        Security and defence.
§ Department of Agriculture, Food and Development and implementation of national and EU
     Rural Development                  schemes in support of agriculture
                                        Monitoring and control of all aspects of food safety, animal
                                        and plant health and animal welfare
§ Department of Tourism, Sport and
    Recreation

National - State agencies
Bord Failte                               Development and promotion of tourism.
BIM                                       Development of seafish industry,
                                          Fleet development,
                                          Aquaculture,
                                          Market & marine services.
Bord Pleanala                             Appeals and planning.
Central Fisheries Board                   Co-ordination of conservation,
                                          Protection,
                                          Development,
                                          Management and promotion of inland fishing and sea
                                          angling
Marine Institute                          To support existing marine activity and employment and
                                          underpin future innovation and growth.
Fisheries Research Centre                 Alagl bloom monitoring.
Energy Advisory Board                     Advice on national policy on energy.
Heritage Council                          Advisory functions - identification, protection and
                                          enhancement of national heritage.
EPA                                       Environmental monitoring,
                                          Data management,
                                          Co-ordination of environmental research.
National Roads Authority                  Provision of road network.
Teagasc                                   Research and education for agriculture and food industries.
Dúchas                                    Manages the National Heritage information: designations,
                                          national parks, nature reserves, monuments and heritage
                                          etc.
An Taisce                                 National Trust - Blue Flags.
Udaras na Gaelachta                       Development of jobs,
                                          Support of cultural & sporting activities.

Regional - Authorities
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South West Regional Authority            Strategic planning for regional development and
                                         monitoring of the European Community Support Network.
County Development Board                 Implementation of a county/city strategy for economic,
                                         social and cultural development (by Jan 2002).

Regional - Sectoral bodies
South Western Regional Fisheries Board   Management, conservation, protection and development of
                                         freshwater fisheries
Shannon Regional Fisheries Board         To conserve and protect fish stocks, water quality and the
                                         fishery environment.
                                         To develop and enhance fish stocks
                                         To develop and support the angling product
                                         To assist through angling development, the creation of jobs
                                         and bring economic benefit to local communities.
South Western Regional Tourism           Work with Bord Failte - regional and local level.
Authority
BIM, southern region                     BIM Mission Statement: To promote the sustainable
                                         development of the Irish seafish and aquaculture industry
                                         both at sea and shore and the diversification of the coastal
                                         economy so as to enhance the employment, income and
                                         welfare of people in coastal regions and their contribution
                                         to the national economy.
BIM, south western region
Commissioner for Irish Lights            Management of marine aids to navigation.
County Enterprise Boards                 Promotion of enterprise.
                                         Provision of advice, information and financial assistance.
Leader Groups                            Funding to rural groups for business plans including areas
                                         of: training, tourism, environment and marketing local
                                         produce.

Local Authorities                        Under Local Government Acts, each must prepare a
                                         development plan for its area for as least every 5 years.
                                         These may include matters relating to coastal development
Cork County Council                      Mission Statement: To provide the highest affordable
                                         quality of service in all its areas of responsibility, while
                                         balancing the need for economic growth, job creation, a
                                         thriving environment and active community participation.
Clare County Council
Limerick County Council
Kerry County Council

Port Companies                           Operation and maintenance of harbours
Port of Cork Company
Shannon Estuary Ports Company
Foynes Port Company

Others
SFADCO
Shannon Development                      Work in partnership with a wide variety of groups to
                                         maximise the potential for using information society
                                         expertise and local resources to generate employment and
                                         prosperity in the Shannon Region




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___________________________________________________________________________________


An Taisce, 1999. Blue Flag beaches and Marinas in Ireland 1999. On behalf of the Foundation for
Environmental Education in Europe (Feee).

Boelens, R.G.V., et. al., 1999. Ireland’s Marine and Coastal Areas and Adjacent Seas: An
Environmental Assessment. Quality Status Report. Prepared by the Marine Institute on behalf of the
Departments of Environment & Local Government and Marine & Natural Resources, Dublin, 1999.
381pp + appendices.

Bowman, J.J., 1998. River Shannon Lake Water Quality Monitoring 1995 to 1997. Published by the
Environmental Protection Agency.

British and Irish Legal Information Institute:
http://www.bailii.org/

Clare County Council, 1999. Clare County Draft Development Plan 1999 – 2004.

Cork City Development Plan 1998.

Cork City Development Plan Review 1998. Cork Corporation.

Cork Corporation, Post 1998. Agenda 21 – In House Audit of Cork Corporation Policies and Projects.

Cork Corporation, 1992. Cork Main Drainage Scheme – Environmental Impact Statement.

Cork Corporation, 1998. City Docks Integrated Area Plan - Urban Renewal Scheme.

Cork County Council 1998. Environmental Annual Report 1998.

Cork County Development Plan – South Area, 1996.

Cork Kerry Tourism, 1999. Cork/Kerry Regional Tourism Plan 1999-2006.

Cork Main Drainage Scheme – Cork Corporation, (http://www.corkcorp.ie/maps/drainage.html)

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Environmental Specifications.

Department of Agriculture, Food and Rural Development, 2000. Insuring the Future – A Strategy for
Rural Development in Ireland. A White Paper on Rural Development. Government of Ireland
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Department of Arts, Heritage Gaeltacht and the Islands, 1999. First National Report on the
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ENFO, 1999. Environmental Legislation – Water Management, FS12/1.

Environmental Bulletin – Issue 46, May 2000.

Environmental Protection Agency, 1999. The Quality of Bathing Water in Ireland.

Environmental Protection Agency, 1999. Water Quality Management Planning in Ireland.


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LOSPAN Phase 1 Report        Coastal Resources Centre, Cork             August 2000
                                          96
Fitzpatrick Associates, 1999. Southern and Eastern Region Development Strategy 2000-2006

Galway Aqua Consulting Ltd., and Aquaculture Development Centre, NUI, Cork, 1998. Aquaculture
Potential of the Shannon Estuary.

Heritage Council, 1999. Policies and Priorities for Ireland’s Landscape. Conference Proceedings
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Hickie, D., 1994. Environmental Designations in Ireland. An Taisce, Dublin, Ireland.

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Council.

Institute of Public Administration, 1998. Administration Yearbook & Diary 1999, 33rd Edition.

Ireland’s Shannon Region, Tourism website:
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Kerry County Council, 1996. Kerry County Development Plan 1996.

KPMG Consulting, 2000 for DOMNR. A Review of Operations and Structures of the Seaports in the
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Limerick Corporation Development Plan, 1998.

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