Written answers

Tuesday, 2 December 2008

Department of Environment, Heritage and Local Government

Special Areas of Conservation

9:00 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 365: To ask the Minister for the Environment, Heritage and Local Government further to his confirmation by way of reply to Parliamentary Question No. 450 of 18 November 2008 relating to the notification of land owners affected by the designation of special areas of conservation and special protection areas, that his Department undertakes extensive consultation with each landowner so affected; his views on whether all landowners whose property rights may be similarly affected by other similar but equally invasive designations are entitled to similar notification measures; the steps he will take to ensure that all such affected land owners are not deprived or their entitlement to natural and constitutional justice in this regard; and if he will make a statement on the matter. [43540/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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In the reply to Question No. 450 of 18 November 2008 I outlined the landowner notification procedures followed by my Department in relation to the proposed designation of Special Areas of Conservation and Special Protection Areas. The designation process is provided for in the Regulations that transpose the European Union Birds and Habitats Directives.

The procedures that apply in relation to other forms of land or site designation are covered, as appropriate, by relevant legislative codes. In particular, the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations (S.I. No 476 of 2000) made by the Minister for Enterprise, Trade and Employment, are the main regulations that give effect to the Seveso Directive in Irish law. The Health and Safety Authority (HSA) has been designated as the central competent authority for enforcement of these regulations. The Directives requirements in relation to land use policies are reflected in the development planning provisions of the Planning and Development Act 2000 and the development consent procedures set out in the Planning and Development Regulations 2001 and 2006.

Issues relating to buffer zones at sewage treatment plants are a matter for local authorities or relevant statutory authorities. I will give careful consideration to the matter of the designation of Public Safety Zones around the three State airports in the context of the forthcoming Planning and Development (Amendment) Bill.

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