Éamon Ó Cuív (Galway West, Fianna Fail)
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189. To ask the Minister for Arts, Heritage and the Gaeltacht if he will provide details of the legal right to compensation under the regulations implementing the Habitats Directive here where current turf cutting or farming practices that do not require a licence or planning permission are impinged on by the 1997 regulations; if he is satisfied that such compensation has been made available to all affected persons affected by the regulations; the amount of compensation paid out each year since 1997; and if he will make a statement on the matter. [43633/13]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The European Communities (Natural Habitats) Regulations 1997 have been revoked and replaced by the European Communities (Birds and Natural Habitats) Regulations 2011.

Under the 2011 Regulations, as under the 1997 Regulations, compensation is payable from my Department where a person has been refused consent by me for a prescribed activity within a European site that he or she has been undertaking in the five year period prior to the refusal.

However, compensation schemes have generally been put in place, where required, without the need to undergo a formal legal process under the Regulations. Such schemes include:

- a comprehensive compensation scheme for those affected by the cessation of turf cutting on raised bog habitat nominated for designation as special areas of conservation under the EU Habitats Directive;

- a voluntary bog purchase scheme. The voluntary bog purchase scheme is closed to new applicants;

- small-scale farm plan schemes, which support farmers in adopting appropriate management practices in the Natura 2000 network. It should be noted that the main farm plan scheme operated by my Department is currently closed to new applicants.

While my Department has the lead role in relation to the implementation of the Habitats Directive and the Birds Directive, significant funding is provided through the rural development programme, operated by the Department of Agriculture, Food and the Marine, which provides for a range of supports for farmers, including payments in respect of sites nominated for designation under the Directives.

The amount of compensation paid under the various schemes operated by my Department since 1997 is being compiled and will be forwarded to the Deputy as soon as possible.