Patrick O'Donovan (Limerick, Fine Gael)
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To ask the Minister for Arts, Heritage and the Gaeltacht if derogations were applied to the Minister's Department in respect of (details supplied); and if he will make a statement on the matter. [37650/12]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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My Department does not have any record of an application being made or of a derogation licence being issued in respect of the works referred to in the Deputy’s Question. In 2008, the applicable law was the European Communities (Natural Habitats) Regulations 1997 to 2005. These regulations were replaced in September 2011 by the European Communities (Birds and Natural Habitats) Regulations 2011 and amendments to the Planning Acts. While it is difficult to be more explicit within the constraints of a 'details supplied' Question, I am advised that Ministerial consent was not required for the county council in question to undertake the works referred to, nor was there such a requirement for the Government body referred to, on the assumption that it was operating under its relevant legislation.