Maureen O'Sullivan (Dublin Central, Independent)
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To ask the Minister for Arts, Heritage and the Gaeltacht if he withdrew a protection order for the area around the prehistoric site at Bremore, Gormanstown, County Meath in relation to the area of SPA No. 4158; if this was done in response to an appeal; and if so, who were the unidentified individuals and or groups that requested such a withdrawal; and if he will make a statement on the matter. [42729/12]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The national monument in question at Bremore, Gormanstown, Co. Meath, is protected by a Preservation Order made under the National Monuments Acts. The effect of the preservation order is that it is unlawful for any person to demolish or remove wholly or in part or to disfigure, deface, alter or in any manner injure or interfere with the national monument without my consent. It is also unlawful for any person to excavate, dig, plough or otherwise disturb the ground within, around or in proximity to the national monument without consent. The designation of a Special Protection Area (SPA) for birds does not affect or rescind any Preservation Order made under the National Monuments Acts.

Notification of a proposal to designate the River Nanny Estuary and Shore SPA, further to Ireland’s obligations under the Birds Directive, was publicly advertised by my Department in January 2008. The designation process permits landowners and other interested parties to appeal the inclusion of specific areas within the Special Protection Area. An appeal was lodged by Drogheda Port Company against the inclusion of certain areas within the SPA. By law, such appeals are considered purely on the ornithological merits of the case. A review by my Department of available bird-usage data for the site justified a revision of the boundary to exclude from the SPA part of the land that was subject to the appeal. The Port Company’s request to have another area excluded from the SPA was unsuccessful.

The designation process for this SPA is now finalised and the SPA is protected by Statutory Instrument (S.I. 140/2012). The revised boundary for the site is reflected in the Statutory Instrument. The new boundary may be viewed on my Department’s National Parks and Wildlife Service website at .