Invalid Exemption RE Foreshore License for Moville/Greencastle WWTP

Link To Full Document: Invalid Exemption RE Foreshore License for Moville Greencastle WWT.doc

The foreshore of the Irish State is that over which the state exercises jurisdiction. In the case of Lough Foyle, it is recognized that the UK claim jurisdiction over the entire sea floor of the lough to the high water mark on the Donegal side, ownership of which is vested in the Crown Estate. A declaration of ‘presumed’ ownership, as made here, does not have validity in this case. It has validity throughout the Irish State where private ownership of the foreshore may be claimed by a private organisation or individual under Irish Law. Extending this ‘presumption’ to disputed territory is outlandish.

This is patently ridiculous. A declaration of ‘presumed ownership’  in justification of compulsory acquisition of territory, fully recognized to be outside the state’s jurisdiction, requires examination. It is also necessary to question the authority of ABP to grant permission, quoting Irish Statutory Law, for the compulsory acquisition of jurisdictionaly disputed territory. The onus of proof of ownership must rest with the state who are taking the action (of acquisition on behalf of a state institution). The DCC failed to provide documents of ownership in support of their CPO when requested under the FOI act.

This is an absurd attempt to divert responsibility to an institution which has no say whatever on the question of national territory and who is the direct beneficiary of such a declaration.  What would be the point of directing these concerns to the council?





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