Seanad debates

Thursday, 12 May 2022

Nithe i dtosach suíonna - Commencement Matters

Special Areas of Conservation

10:30 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Senator Kyne for raising this very important matter. It is great to see children back into the Visitors Gallery to see the work in the Houses of the Oireachtas. It is very important.

The designation of European sites under the nature directives is a formal, legal process with a number of steps that must be followed for each site. The criteria used to set the boundaries of the sites are purely scientific, as is required under the nature directives. They are designated to protect threatened, rare or endangered species and habitat types, which are listed in the annexes to the directives. The sites chosen are significant not just on a national but on a European stage.

The full process for site designation is set out in SI 477 of 2011, the European Communities (Birds and Natural Habitats) Regulations 2011. The first step is the identification of the appropriate geographical area of the site. This is done by scientific analysis. Once draft boundaries are proposed, the Minister notifies landowners and the public of his intention to designate the site and provides an opportunity for objections or appeals on the proposed site boundaries. Advertisements are published in local media and notices are displayed in local government offices, Garda stations and public libraries. Landowners within the proposed site, where their identities are known, are notified directly in writing with detailed information including a map of the site and information about why that site is being proposed for designation and details of compensation that may be available.

Connemara Bog Complex was first publicly notified in 1997 to protect a wide range of habitats and species, including active blanket bog and lagoons. In 2006, the boundaries of the site were amended by agreement between the Government and farming organisations. Public notifications were again issued and a further opportunity offered to appeal the amended designation. In total over the full period, 60 objections, or appeals, were received for Connemara Bog Complex. Of these, nine were successful, 12 were partially successful, 21 were unsuccessful and 18 were deemed invalid.

The appeals process for this site has now concluded and the site has moved on to the final stage of the process which requires the publication of a statutory instrument formally designating the site. The statutory instrument includes a description of the site, a detailed map showing the area, a complete list of habitats and species for which the area was selected and a list of activities which require the consent of the Minister before they can be undertaken in a way that affects the site.

It is important to note that all relevant protections under Irish law apply to the site from the time it is publicly notified as proposed for designation. A full list of all designated sites, the associated maps and statutory instruments is available on the Department's website.

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