Written answers
Wednesday, 19 October 2011
Department of Arts, Heritage and Gaeltacht Affairs
Turbary Rights
6:00 pm
Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Question 78: To ask the Minister for Arts, Heritage and the Gaeltacht if he will review an application for compensation by a person (details supplied) for ceasing to cut turf at the Bawn bog, County Offaly, which is part of Clara bog, which was cut for domestic use only; and if he will make a statement on the matter. [30337/11]
Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Officials from my Department have been dealing with this application over a number of years. Following extensive negotiations an agreement was reached for my Department to purchase turbary rights from this individual on designated land located in the relevant Special Area of Conservation. The purchase of these rights was finalised in November 2007. A subsequent application for compensation was received by my Department in relation to this case. This claim has been rejected on foot of legal advice that the European Communities (Natural Habitats) Regulations 1997 exclude the payment of compensation where an agreement for the purchase of the land, including turbary rights, by the Minister is concluded. Confirmation of same was sent to the solicitors acting for the applicant in July of this year.
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