Seanad debates

Tuesday, 25 February 2003

Adjournment Matters. - Designated Areas.

 

2:30 pm

Photo of Eamon ScanlonEamon Scanlon (Fianna Fail)
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I welcome the opportunity to speak on a matter which has arisen in my area. I refer to the need for the Minister for the Environment and Local Government to clarify the position on lands designated as special areas of conservation but not registered as such by the Land Registry.

Following the purchase and reclamation of such lands, Dúchas is now insisting that they be returned to their original state. I believe there is a loophole in the law in this regard. The individual concerned bought the lands in good faith and proceeded to carry out certain works. He received a phone call from an official of Dúchas at a stage when half the work had been completed. I must say the official was very courteous in his approach. He requested a meeting with the land owner and an on-site visit took place.

The official proceeded to read the regulations to the farmer, for whom that was a very frightening experience. Having bought the land in good faith, he was shocked to hear from the Dúchas official that he would have to return it to its original state, despite having spent some £15,000 on reclamation works. The legal loophole which gave rise to this situation should be closed off. If lands are designated as special areas of conservation or otherwise, that should be registered on the title deeds or, at least, some notice of that fact should be taken in Land Registry.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I thank Senator Scanlon for raising this issue. The European Communities (Natural Habitats) Regulations 1997, which transposed the EU habitats directive into Irish law, is the statutory instrument under which special areas of conservation, SACs, are designated and afforded protection. These sites have legal protection from the date they are publicly notified for designation to landowners and other persons concerned. The sites which have been submitted to the European Commission as candidate SACs have not yet been adopted by the Commission and so cannot yet be legally registered as such.

A key question in the particular case outlined by the Senator is the length of time the land had been owned by the individual concerned – whether he had owned it for quite some time or acquired it more recently and the state of progress in the designation process.

Photo of Eamon ScanlonEamon Scanlon (Fianna Fail)
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He had been in ownership of the lands for approximately two months at that stage. The person from whom he purchased it had been living in America and would have had no knowledge of the SAC designation process.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I would regard it as normal practice that the purchaser or his or her advisers would ascertain from the seller if there was a designation for conservation purposes on the land. The registration process can take quite a while to complete. Anybody purchasing land would be well advised to ascertain, through the auctioneer or solicitor handling the transaction, the position with regard to any SAC designation.

When SAC designations become final, following adoption by the European Commission and the making of a formal order by the Minister, it will be possible to register land formally as being covered by an SAC designation under the Registration of Title Act 1964. Under Regulation 14 of the habitats regulations, a person is required to seek my Department's consent before carrying out operations or activities likely to alter, damage, destroy or interfere with the integrity of an SAC site. This consent is dispensed with for activities or developments which require a licence or consent from another Minister or statutory body, such as a local authority or An Bord Pleanála in the case of planning applications, or the Minister for Communications, Marine and Natural Resources in the case of decisions regarding the issue of foreshore licences.

Where this obligation to obtain my Department's consent is contravened, the owner, occupier or user of the land may be required by my Department to restore the land to its pre-damaged state. Control over activities requiring consent of another authority is a matter for that authority. My Department has responsibilities to ensure that special areas of conservation are maintained in a favourable conservation status and to use the powers assigned to it appropriately to this end.

Perhaps the Senator could supply further details of the location of the site in question. It is possible that the difficulty arose at an in-between stage. However, if a person were buying land in a professional manner, it would be expected that the legal advisers or auctioneers would check out matters of this nature. Substantial efforts are made by my Department to inform people generally of special designations being made. The normal procedure includes notices in local newspapers, radio stations, Garda stations and local authority offices. A serious effort is made to communicate with the wider public when land is being designated. Nevertheless, people buying land should ensure that all aspects are fully checked and there is a certain responsibility on professional advisers in that regard.

I am not aware of this case. Perhaps the Senator would feed us information on it. A requirement to restore a site to its pre-damaged stage could also apply as part of a court order. While it could happen, the Department, without knowing the particular case, is surprised that it would happen and that a farmer, having bought land, would not have known and have been made aware of the circumstances. If the Senator provides me with the information, the Department can get it checked out further.