Batt O'Keeffe (Cork South Central, Fianna Fail)

There has been no amendment of the provisions relating to special areas of conservation, SACs, appeals as set out in the European Communities (Natural Habitats) Regulations 1997. These provisions allow persons with a legal interest in designated areas to object to such designations, on scientific grounds, within a three-month period from the time of designation. Moreover, in circumstances where a candidate site has already been notified to the European Commission for acceptance as an SAC, the habitats directive and the regulations provide that no alteration of site boundaries shall be made without the consent of the Commission. The three months allowed for appeals in respect of SAC designations compares favourably with the 28 day appeals period available for objections under planning and environmental law generally.

Ireland is required by a decision of the European Court of Justice to finalise and transmit to the European Commission the boundaries of our SACs. In these circumstances, it is necessary to adhere to the formal provisions of the 1997 regulations regarding appeals and not to permit administrative derogations from these, as had been practised in some cases in the past. This approach is also justified given the improved notification procedures to land holders which are now being operated by my Department.

I am satisfied that it is not only legally necessary but also fair and reasonable to apply the statutory three-month period provided for SAC appeals.

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