Written answers

Tuesday, 3 February 2015

Department of Arts, Heritage and the Gaeltacht

Special Areas of Conservation Management

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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664. To ask the Minister for Arts, Heritage and the Gaeltacht if she will provide a copy of any appropriate assessment and opinion issued by the National Parks and Wildlife Service on the plan to dredge the Akeragh River mouth, County Kerry, and remove the sand from the designated dune/beach complex; or if same is not available the reason this Natura 2000 site damage has not been halted by NPWS staff. [4830/15]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I am advised that the works referred to in the Deputy’s Question have been undertaken by Kerry County Council within the Akeragh, Banna and Barrow Harbour candidate special area of conservation and within the Tralee Bay Complex special protection area. Under regulation 27(2) of the European Communities (Birds and Natural Habitats) Regulations 2011, any public authority having or exercising functions, including consent functions, which may have implications for or effects on nature conservation is required to exercise those functions in compliance with and, as appropriate, so as to secure compliance with, the requirements of the EU Habitats Directive, the EU Birds Directive and the 2011 Regulations.

Regulation 42(1-2) of the 2011 Regulations sets out the requirement for any public authority to carry out a screening for appropriate assessment of any plan or project that the authority wishes to undertake and which is not directly connected with or necessary to the management of the site as a candidate special area of conservation or special protection area. This screening, in view of the best scientific knowledge and of the conservation objectives of the site, should assess if the plan or project, individually or in combination with other plans or projects, is likely to have a significant effect on the site.

My Department has previously engaged with the local authority in relation to works on the site and a further meeting has been scheduled.

On my behalf, my Department has also recently written to Kerry County Council, in accordance with the European Communities (Birds and Natural Habitats) Regulations 2011, in relation to this matter.

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