Willie Penrose (Longford-Westmeath, Labour)
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Question 530: To ask the Minister for the Environment, Heritage and Local Government the reason his Department, in a series of new maps, has an area of land belonging to a person (details supplied) in County Westmeath designated as a special area of conservation, despite the fact that the designations appeals advisory board is in the process of considering an appeal by the person who is the owner of the said land; the way this area could be designated since it is clearly in the middle of a commercial farm; if he will furnish a comprehensive reply in respect of these issues; and if he will make a statement on the matter. [29356/07]

John Gormley (Dublin South East, Green Party)
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The River Boyne and River Blackwater candidate Special Area of Conservation (cSAC) (Site Code: 002299) was proposed for designation in accordance with the European Communities (Natural Habitats) Regulations 1997 on the basis of scientific information. The area in question contains habitats and species listed on Annexes I and II of the EU Habitats Directive.

The landowner in question has submitted an objection to the inclusion of his lands within the SAC. My Department operates a two-stage appeal process. The first stage, an informal review carried out by scientific staff of my Department, deemed that some of the area under objection could be removed from the cSAC. The boundaries of the SAC have been amended accordingly. The remaining area was judged to be of significant scientific value and has been retained in the cSAC due to the presence of semi-improved grassland and other important habitats, particularly for bats.

The landowner in question has exercised his right to appeal the inclusion of the land still remaining within the cSAC to the independent Appeals Advisory Board for a formal assessment based on a full scientific report. The Board will, as soon as possible, make a recommendation to me, as Minister, on whether the land should remain within the cSAC based on the scientific merits of the case.

In order to protect the integrity of nature conservation sites, areas proposed for designation and still under appeal (at informal or formal stage) are protected under Irish law. The land is therefore retained within the maps to ensure that landowners and other public bodies are aware of the proposed designation. In the event that the area does not meet the scientific criteria for designation, the maps will be adjusted accordingly.