Dáil debates

Thursday, 3 November 2016

Wildlife (Amendment) Bill 2016: Second Stage (Resumed)

 

3:05 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank all Deputies who contributed to the debate and I acknowledge that their contributions have been practical and helpful. I emphasise that the main objective of the 2014 natural heritage areas, NHA, review was to consider how the network could contribute to our conservation objectives for raised bog habitats while avoiding unintended impacts on the traditional rights of landowners and turf cutters and minimising the cost arising from compensation payments. The reconfiguration of the raised bog NHA network, which this Bill will facilitate, is based on sound scientific evidence and will have a positive impact on the network.

I will now turn to some of the issues raised in the debate. Deputies Ó Cuív and Tóibín referred to the Special Areas of Conservation, SACs, and 53 raised bog sites have been nominated for designation as SACs as part of Ireland’s obligations under the EU habitats directive. These sites are unaffected by the NHA review's recommendations or the Wildlife (Amendment) Bill 2016, providing for the de-designation of NHA sites.

The position on Coolrain bog SAC, special area of conservation, referred to by Deputy Brian Stanley, is being considered in the context of the finalisation of the national SAC plan. Independent experts are undertaking scientific investigations on this and several other SAC bogs.

Deputy Éamon Ó Cuív asked if the Bill allows for the designation of new NHAs, natural heritage areas. The designation of new NHAs is provided for in section 4. It provides that, having considered the proposals arising from the NHA review, having had regard to any screening for assessment or environmental assessment undertaken, and observations or submissions received during public consultation, the Minister shall publish a notice of his or her intention to make a natural heritage area order.

The NHA review proposes the designation as NHAs of 25 currently undesignated raised bogs, which are in public ownership or where there is reduced turf cutting pressure. These sites are being proposed for designation to make up for the loss of habitat in the NHA sites where it is proposed that turf cutting can be allowed to continue.

Deputy Éamon Cuív referred to the N59 road project. I am cognisant this project is important for the region. I fully recognise the importance of ensuring the long-term certainty of this infrastructure project. By complying with national and European laws, it should avoid falling foul of legal challenge. My Department officials and senior scientific personnel continue to work closely with Galway County Council with a view to this project being realised.

Deputies Jackie Cahill and Joe Carey spoke about the protection of the hen harrier. The main issues of land use and the recovery of the hen harrier population have been investigated and discussed by an inter-departmental steering group, along with the stakeholder consultative committee. The report of the Joint Oireachtas Committee on Agriculture, Food and the Marine into this matter has also been taken into account. Departmental officials will meet bilaterally and as a group with the key Departments to finalise a draft of the hen harrier threat response plan, prior to a public consultation and screening for strategic environmental assessment and appropriate assessment.

Deputy Jackie Cahill spoke about the burning of vegetation. Following a review of section 40 of the Wildlife Acts 1976-2012, I announced proposals to introduce legislation to allow for managed hedge cutting and burning at certain times within the existing closed period on a pilot two-year basis. The legislation required to allow for these pilot measures was included in the Heritage Bill 2016 which is now scheduled for Committee Stage in Seanad Éireann on 9 November.

Deputies Bríd Smith and Catherine Martin referred to the proposed de-designation of NHAs. The NHA review was the most comprehensive analysis undertaken of the raised bog habitat resource. Along with an examination of sites from a nature conservation and management perspective, environmental, technical and socio-economic criteria were used for the NHA review which examined over 270 individual raised bogs. The individual raised bogs examined comprised the 53 raised bog SAC, the existing 75 NHA raised bogs and over 100 non-designated sites.

The review concluded Ireland could more effectively achieve conservation of threatened raised bog habitat through focused protection and restoration of a reconfigured network. The area in the new network will also contribute to the national conservation objective target area for raised bog within the SAC and NHA networks. The proposed de-designation of NHAs will be more than balanced by the proposed designation of new NHAs. These proposed new NHAs are in public ownership or there is reduced turf cutting pressure there.

Deputy Catherine Martin raised education awareness of bogs. In November 2015, the European Commission approved funding for a €5.4 million project under the EU LIFE 2014-2020 programme for the restoration of active raised bog in 12 SAC sites in Ireland. This project, which will operate for five years, commenced in January 2016 and is being implemented by a project team which will work closely with the local communities and stakeholders in advance of the restoration works commencing. There will be a community awareness and education element to this project.

Deputy Martin Kenny mentioned letters issued to landowners on the Connemara bog complex SPA. These letters relate to appeals against the inclusion of land in this proposed SPA. The site has been proposed for classification as an SPA for the protection of a range of bird species and their habitats. These appeals do not relate to the Connemara bog complex SAC which has been nominated for designation to protect a range of habitats and species, including blanket bog. The appeals will be heard by the independent designated areas appeals advisory board.

Deputy Michael Fitzmaurice referred to planning permission and relocation sites. Generally, if a development requires an appropriate assessment because of its potential effect on the integrity of a European site, it is not considered an exempted development. Accordingly, planning permission may be required. However, there are many other considerations such as drainage, the size of the development and whether the environmental impact assessment directive would apply which must be reviewed on a case-by-case basis. A Programme for a Partnership Government commits to reviewing the position in the planning code as it relates to turf cutters for domestic use. I will continue to progress this matter. I agree with Deputy Michael Fitzmaurice that we need to continue to work together. My officials and I will work in a collaborative way with all stakeholders on this.

I thank Deputies again for their contributions.

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