Friends' Work

// Fish farms Mayo objection Marine 2 December 2001 Planning

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PETER SWEETMAN & ASSOCIATES

Environmental & Planning

73 GROSVENOR ROAD

RATHMINES

DUBLIN 6

087 6970692

Mr. Frank Fahy, 2nd December 2001

Minister for the Marine &

Natural Resources,

Coastal Zone Administration Division,

Leeson Lane,

Dublin 2.

______________________________

Re: Applications for Aquaculture Licenses together with

Associated Foreshore Licenses pursuant to Fisheries

(Amendment) Act 1997 & Foreshore Act 1933 as amended,

of Curraun Fisheries Limited (FCL 74), Ref. No. T10/67 and

Seastream Limited (FCL 74), Ref. No. T10/64

Applications dated 6th November 2001

Advertised in Mayo News on 7th November 2001

A Aire,

We have been instructed by:

Friends of the Irish Environment c/o Tony Lowes, Allihies, Co Cork,

Ms. Linda Cusack, 26 Cross Ave., Dun Laoghaire, Co. Dublin.

Mr. Michael Murphy, Pinewoods, Westport, Co. Mayo

Mr. Dara Kelly, Cloona Lodge, Westport, Co. Mayo.

To make a submission to the above appliciation.

I refer to the above applications for Aquaculture Licenses together

with associated Foreshore Licenses made to you by the above named

Companies which, in the newspaper advertisements which appear in

the Mayo News, edition of 7th November 2001, purport to be dated 6th

November 2001.

May I first of all point out that a perusal of the original application form

of Curraun Fisheries Limited filed in your Department discloses that

such Notice is undated. The Application form further discloses that

there is no receipt of your Department stamped thereon. In such

circumstances, we would submit that such Application does not comply

with the Aquaculture License Regulations 1998. I have not of course

seen the Application form of Seastream, but it may be that such

application is also similarly defective.

At any rate, we note that both the Notices published in the Mayo News

and the Application form filed by Curraun Fisheries Limited disclose

that these applications are for Renewal of previous licenses and that

the detail required of the Applicants, as per Regulation 4 of the

Aquaculture License Regulations 1998 in and with the Application

Forms has not been furnished to you. In particular:

1. The Ordnance Survey sheets accompanying the Applications are not,

from our perusal thereof, of a scale of 1: 10,560.

2. The Applications do not enclose British Admiralty Charts of the

largest scale available of the locations of the proposed Aquaculture;

3. No Environmental Impact Statement has been filed with such

Applications;

4. No drawings of the structures to be used in the operation of the

Aquaculture, nor drawings of the layout of the Farms, nor either nor

both have accompanied the Applications.

We note that the Applicants appear to believe that by simply stating in

their Applications that such Applications are for Renewal of existing

Licenses, they do not have to furnish any of the foregoing information

nor indeed any of the other information required in the Application

Forms. In such circumstances, we submit that the Applications of

themselves are fundamentally flawed and should be rejected out of

hand.

Without prejudice to all of the foregoing, we wish to make the

following observations and submissions:

(a) These Applications are for Aquaculture Licenses together with

associated Foreshore Licenses as defined in Sections 3 and 10

of the Fisheries (Amendment) Act 1997;

(b) These Applications also come within the meaning attached to

"Application" as set forth in Regulation 3 of the Aquaculture

(License Application) Regulations 1998.

(c) Such Applications are required to be accompanied by

Environmental Impact Statements pursuant to Regulation 5 of

the Aquaculture (License Application) Regulations 1998 and

Section 10 of the Fisheries (Amendment) Act 1997.

(d) Such Applications are required to be accompanied by

Environmental Impact Statements in accordance with

Regulation 9 of the European Communities (Environmental

Impact Assessment) (Amendment) Regulations 1999, S.I. No.

93 of 1999.

(e) These Applications are in respect of Sites which are situate in

the middle of the Clew Bay Complex Special Area of

Conservation, Site No. 1482 and are required to be

accompanied by Environmental Impact Statements.

We note that no Environmental Impact Statements have been lodged

with these Applications.

Yours faithfully

Peter Sweetman and

On behalf of the above named clients


PETER SWEETMAN & ASSOCIATES

Environmental & Planning

73 GROSVENOR ROAD

RATHMINES

DUBLIN 6

087 6970692

Mr. Frank Fahy, 2nd December 2001

Minister for the Marine &

Natural Resources,

Coastal Zone Administration Division,

Leeson Lane,

Dublin 2.

______________________________

Re: Applications for Aquaculture Licenses together with

Associated Foreshore Licenses pursuant to Fisheries

(Amendment) Act 1997 & Foreshore Act 1933 as amended,

of Curraun Fisheries Limited (FCL 74), Ref. No. T10/67 and

Seastream Limited (FCL 74), Ref. No. T10/64

Applications dated 6th November 2001

Advertised in Mayo News on 7th November 2001

A Aire,

We have been instructed by:

Friends of the Irish Environment c/o Tony Lowes, Allihies, Co Cork,

Ms. Linda Cusack, 26 Cross Ave., Dun Laoghaire, Co. Dublin.

Mr. Michael Murphy, Pinewoods, Westport, Co. Mayo

Mr. Dara Kelly, Cloona Lodge, Westport, Co. Mayo.

To make a submission to the above appliciation.

I refer to the above applications for Aquaculture Licenses together

with associated Foreshore Licenses made to you by the above named

Companies which, in the newspaper advertisements which appear in

the Mayo News, edition of 7th November 2001, purport to be dated 6th

November 2001.

May I first of all point out that a perusal of the original application form

of Curraun Fisheries Limited filed in your Department discloses that

such Notice is undated. The Application form further discloses that

there is no receipt of your Department stamped thereon. In such

circumstances, we would submit that such Application does not comply

with the Aquaculture License Regulations 1998. I have not of course

seen the Application form of Seastream, but it may be that such

application is also similarly defective.

At any rate, we note that both the Notices published in the Mayo News

and the Application form filed by Curraun Fisheries Limited disclose

that these applications are for Renewal of previous licenses and that

the detail required of the Applicants, as per Regulation 4 of the

Aquaculture License Regulations 1998 in and with the Application

Forms has not been furnished to you. In particular:

1. The Ordnance Survey sheets accompanying the Applications are not,

from our perusal thereof, of a scale of 1: 10,560.

2. The Applications do not enclose British Admiralty Charts of the

largest scale available of the locations of the proposed Aquaculture;

3. No Environmental Impact Statement has been filed with such

Applications;

4. No drawings of the structures to be used in the operation of the

Aquaculture, nor drawings of the layout of the Farms, nor either nor

both have accompanied the Applications.

We note that the Applicants appear to believe that by simply stating in

their Applications that such Applications are for Renewal of existing

Licenses, they do not have to furnish any of the foregoing information

nor indeed any of the other information required in the Application

Forms. In such circumstances, we submit that the Applications of

themselves are fundamentally flawed and should be rejected out of

hand.

Without prejudice to all of the foregoing, we wish to make the

following observations and submissions:

(a) These Applications are for Aquaculture Licenses together with

associated Foreshore Licenses as defined in Sections 3 and 10

of the Fisheries (Amendment) Act 1997;

(b) These Applications also come within the meaning attached to

"Application" as set forth in Regulation 3 of the Aquaculture

(License Application) Regulations 1998.

(c) Such Applications are required to be accompanied by

Environmental Impact Statements pursuant to Regulation 5 of

the Aquaculture (License Application) Regulations 1998 and

Section 10 of the Fisheries (Amendment) Act 1997.

(d) Such Applications are required to be accompanied by

Environmental Impact Statements in accordance with

Regulation 9 of the European Communities (Environmental

Impact Assessment) (Amendment) Regulations 1999, S.I. No.

93 of 1999.

(e) These Applications are in respect of Sites which are situate in

the middle of the Clew Bay Complex Special Area of

Conservation, Site No. 1482 and are required to be

accompanied by Environmental Impact Statements.

We note that no Environmental Impact Statements have been lodged

with these Applications.

Yours faithfully

Peter Sweetman and

On behalf of the above named clients