Patrick O'Donovan (Limerick, Fine Gael)
Link to this: Individually | In context

Question 436: To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No, 299 of 10 July 2012, regarding derogation licences if he will provide the information (details supplied); and if he will make a statement on the matter. [36802/12]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
Link to this: Individually | In context

Article 6(4) of the Habitats Directive provides for derogation to allow an activity which has been determined, following appropriate assessment, as potentially having an adverse impact on the integrity of a Special Area of Conservation or Special Protection Area. Such derogations must be considered within the parameters of the Irish legislation which transposes Article 6(4). These are Regulation 43 of the European Communities (Birds and Natural Habitats) Regulations, 2011 (S.I. 477 of 2011), or the relevant provisions of Part XAB of the Planning and Development Acts, where the consent is being sought under those Acts. I am not aware of any such derogations having been sought or given for any purpose, to date.

In relation to derogations for works of the nature referred to by the Deputy in respect of the species which are afforded strict protection under the Habitats Directive, my Department is compiling the material requested by the Deputy and will forward the information to the Deputy as soon as possible.