Nicky McFadden (Longford-Westmeath, Fine Gael)
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Question 463: To ask the Minister for Arts, Heritage and the Gaeltacht the steps he must take to designate Lough Ree as a special protection area for wild birds; the way this designation might impact on residents living near the lake and also on flood relief maintenance. [23512/11]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I am currently engaged in a programme of classification of Special Protection Areas (SPAs) under the Birds Directive. This exercise includes the re-classification of many existing SPA sites, including Lough Ree which was first designated some sixteen years ago. A judgment delivered by the European Court of Justice against Ireland in December 2007 found that Ireland's classification of its SPAs had been inadequate in some respects and this has necessitated the re-classification of many of the older sites.

The proposal to update the designation of Lough Ree was advertised during the week commencing the 25th July, 2011. Detailed information on the proposal was included with my Department's letter of 22nd July, 2011 which issued to landowners and others identified as having an interest in the site. This material, including maps of the proposed site, was also made available through public access points in the area, including Garda Stations, Teagasc offices, local libraries and the offices of local authorities in the area.

Appeals by affected landowners or land users against the proposal may be made up to 25th October, 2011. The re-designation process will be concluded, following consideration of any appeals submitted, with the making of a new Statutory Instrument for the site.

To protect ecologically important sites, certain potentially harmful works are restricted within SPAs. These activities (known as Activities Requiring Consent) are works liable to interfere with the integrity of the site. For the Lough Ree site, activities such as drainage works, reclamation and water abstraction are specified. These provisions apply to works undertaken by public bodies and agencies as well as private individuals. However, there is no general prohibition on the activities listed, merely a requirement to notify and secure my consent, as Minister, where relevant. In practice, this consent is obtained through contact with the locally based staff of the National Parks and Wildlife Service. Details of these activities and this process have been sent to landowners. There is no requirement to obtain consent if an activity is licensed by or subject to the permission of another Minister, public body, State or local authority, or specified as permitted in an approved farm plan for the land in question.