Seán Kyne (Galway West, Fine Gael)
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To ask the Minister for Arts, Heritage and the Gaeltacht if appeals processes will be enacted on particular special areas of conservation/natural heritage areas when concerns appear over the criteria used to designate lands; his views on whether such a process would be well received in many communities where concerns exist on the fairness of original designations. [41991/12]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Under the provisions of the Wildlife Amendment Act 2000 and the European Communities (Birds and Natural Habitats) Regulations 2011, following public notification of the intention of the Minister to designate an area as a Special Area of Conservation (SAC) or a Natural Heritage Area (NHA), affected parties are given three months to appeal, on scientific grounds, against the inclusion of land within the site.

These appeals are decided upon in the first instance following an internal review by officials of my Department. If the appellant is not satisfied with the decision at that stage, they can appeal. The case is then considered by an independent Appeals Advisory Board, which advises the Minister on the merits of the case. The boundaries of sites intended for designation as SACs are transmitted to the European Commission and are subsequently adopted by the Commission as Sites of Community Importance.

Article 9 of the Habitats Directive provides for the de-designation of SACs. This is a function of the European Commission and, in accordance with the Directive, is only permissible where it is warranted by natural developments noted as a result of surveillance undertaken by the Member State. Natural developments are understood to mean situations where habitats may be damaged by erosion, landslides or other occurrences in nature.

NHAs are designated under the Wildlife Acts, which provide for an area being removed from a site if it no longer retains its scientific value. I have no plans currently to amend the boundary of any NHA.