Written answers

Tuesday, 9 March 2010

Department of Environment, Heritage and Local Government

EU Directives

8:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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Question 352: To ask the Minister for the Environment, Heritage and Local Government if he will commit to preserving the integrity of areas designated special areas of conservation and restrict any activities that threaten these areas; the action he will take in the event of these areas being threatened in any way. [11208/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Ireland, along with all other member states of the European Union, is obliged under the Habitats Directive to designate Special Areas of Conservation (SACs). These are sites containing habitats of European conservation importance listed in Annex I of the Directive. Ireland has nominated 423 sites for designation as SACs.

Under article 6 of the Directive, any public authority, before consenting to a plan or project that could have a significant impact on an SAC, must undertake an appropriate assessment of its impacts on the site. If it finds that the proposed plan or project, alone or in combination with other plans or projects, would be likely to have an adverse impact on the integrity of the site, it may not provide its consent unless a case of imperative reasons of overriding public interest can be made, having ruled out alternative solutions, and where compensatory measures can be taken to ensure that the network of Natura 2000 sites is no poorer as a result of the damaging plan or project involved.

Under the EC (Natural Habitats) Regulations 1997, which transpose the Directive into Irish law, specified operations or activities that do not fall under other consent systems, which might have an adverse impact on these sites, may not be carried out without my consent. These are known as Notifiable Activities. Undertaking such activities without my consent may result in prosecution of the offender. In addition, I have issued, in appropriate cases, Ministerial Directions under the Regulations, obliging offenders to restore sites to their previous conservation status.

The law regarding the control of recreational activities such as the use of quads, scramblers and jet-skis, where they are likely to be injurious to Natura 2000 sites and protected species, will be substantially strengthened in the Birds and Habitats Regulations that I am currently preparing.

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