Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 48: To ask the Minister for the Environment, Heritage and Local Government the reason he has closed off the opportunity to appeal special area of conservation designations already notified to the European Commission without allowing a period for landowners to submit appeals; and if he will make a statement on the matter. [42247/06]

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

Denis Naughten (Longford-Roscommon, Fine Gael)
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I thank the Minister of State for his response. Is it not the case that until last month the three-month period for appeal was not enforced by the Department and farmers continued to have the opportunity to make appeals to the Department, and that such facility has been withdrawn as and from a decision by the Minister of State last month? Is it not the case that the Minister of State has introduced new notification procedures because the previous notification procedures were wholly inadequate? For example, I received a telephone call last week from a farmer who applied for planning permission on his land but was refused because his lands were designated as an SAC. He was not aware that was the case, even though the SACs were designated three years ago, until he received the refusal from the local authority. He cannot appeal that designation because that window of opportunity is not open to him. Is there not an onus on the Department, first, to notify farmers directly rather than by publishing advertisements in the newspapers and, second, to explain to farmers what the designation means?

Batt O'Keeffe (Cork South Central, Fianna Fail)
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The answer to Deputy Naughten's first question is "yes". It was introduced during 2001. For nine years the farming community should have been aware that some of their lands were designated. There has been an opportunity over a nine-year period. In addition, the National Parks and Wildlife Service has notified through radio, television and newspaper advertising, and through the provision of maps in public places such as libraries, Garda stations and other public utilities, that these areas are designated. As a former member of a local authority, I might point out to Deputy Naughten that SACs would also have been applied in the ongoing provision and changes in county development plans. Every effort has been made by the Department to notify individuals of this designation.

The three farming organisations were made aware of the difficulties when they were met on 31 October. It was made quite clear to them at that time that what had gone on in the past could no longer apply. We got a reasoned opinion, as of 18 October, which clearly set out to us that unless some action was taken in terms of finalising the designation, this country would be subject to serious fines. Such has been the case in France and Greece. It is of substantial concern to this country that we would get this matter in its proper perspective and that we would abide by the provisions of the directive.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Is it not the case that the main delay in processing appeals has been the delay by the Department and its agents in furnishing documentation to the appeals committee? Is it appropriate to put a map in a library and in a Garda station where the vast majority of the population do not visit on a regular basis, and does that satisfy the criteria in providing public notification to farmers?

Is it not the case that there are numerous examples throughout the country of where areas of land have been designated, which are a significant distance from what people believe is the SAC, and of where there is no scientific basis for it? In fairness, the appeals committee has taken those parcels of land out of the designation. As farmers were given no notification, this decision was literally taken overnight. Is it not the case that when the Minister of State met the three farming organisations on 31 October, they expressed their strong objection to bringing in this decision literally overnight without giving farmers the opportunity to make a formal appeal?

Batt O'Keeffe (Cork South Central, Fianna Fail)
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Over the nine-year period, where the Department was aware of the ownership of land, all the people concerned were written to. In certain instances there might be a question over the ownership of certain parcels of land and to make contact with those people, all the other devices of making that information available were used — the media, public notices and maps in public places.

In addition, we used a process whereby we had access to all the land holdings known to the Department of Agriculture and Food. As a result, we were able to make contact with each of the owners of the parcels of land. Over that period 1,500 appeals were lodged by farmers, which seems to suggest they were very much aware of the opportunity to appeal within a three-month period. I can confirm that we will examine and honour all those appeals and we hope to have done that by year end.