John Gormley (Dublin South East, Green Party)
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The question of whether the applicant is entitled to compensation has been referred to the Government's legal advisers. My Department will be in contact with the claimant's representatives as soon as the matter is clarified.

John Gormley (Dublin South East, Green Party)
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In the vast majority of cases, payments to land owners and land users due to restrictions arising from the designation of land as a Special Area of Conservation (SAC) or Special Protection Area are made through the Rural Environment Protection Scheme (REPS) or in a much smaller number of cases through my Department's Farm Plan Scheme.

In a very small number of cases that fall outside the terms of these schemes, compensation is payable under Regulation 20 the EC (Natural Habitat) Regulations 1997. In recent years, applications for compensation under this Regulation have mainly concerned losses incurred by commercial turf-cutters that have been refused consent to continue turf extraction within SACs.

Fewer than ten claims under this Regulation are currently being dealt with by my Department. The length of time taken to finalise such claims can vary, depending on the degree of complexity. Often, additional documentation will be sought and searches will be required in order to prove entitlement. Negotiations are entered into and sometimes arbitration is required. Complex legal questions can also arise at any stage of the proceedings. Some of these claims have been with my Department for less than a year and one particularly complex case is ongoing for over six years.