Joe McHugh (Donegal North East, Fine Gael)
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Question 192: To ask the Minister for the Environment, Heritage and Local Government the implications for landowners who own lands designated as special areas of conservation; and if he will make a statement on the matter. [37673/08]

John Gormley (Dublin South East, Green Party)
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The EU Habitats Directive requires Member States to maintain or restore the favourable conservation status of specified habitats and species. This is done through designating appropriate sites as Special Areas of Conservation (SACs) and protecting them. Designation of a site as an SAC may have implications for landowners, as management and use of these lands must have regard to protection of the habitats and species for which the site is designated.

Land use practices that may be affected include, but are not limited to, type of farming, grazing, recreational use, turf cutting, afforestation and construction. Within SACs, certain specified activities can only be carried out with my consent, as Minister. These notifiable actions vary depending on the type of habitat or species being protected. For activities within, or likely to impact upon, a SAC that require permission or licence from a Government Department, local authority or State body, the consent authority is required to ensure that the activity is appropriately assessed for any impact on the conservation status of that site. These appropriate assessments are a requirement under the Habitats Directive and must be undertaken before consent for the activity or development is given. Planning authorities are also required to include SAC sites in all relevant Development Plans and should take their designation into account when assessing any future development proposals in or near a SAC site.

My Department pays a fair and reasonable level of compensation to landowners and users where actual losses are suffered or costs are incurred directly as a result of their lands being designated as a SAC.