Bernard Durkan (Kildare North, Fine Gael)
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655. To ask the Minister for Arts, Heritage and the Gaeltacht the extent of representations received by her Department over the past number of years on the impact of the habitats directive or similar directives; the extent to which those directly affected in a negative way have been consulted in regard to the issue; and if she will make a statement on the matter. [6077/15]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Ireland, like all EU Member States, is bound by the requirements of the Habitats Directive and the Birds Directive. These Directives aim to ensure the protection of habitats and species which have been selected for conservation within special areas of conservation and special protection areas. The Directives has been transposed into national law under the European Communities (Birds and Natural Habitats) Regulations 2011 and the Wildlife Acts. In advance of the designation of a site, my Department writes to all identified land owners with a legal interest in the site, outlining the intention to designate the site, the appeals process and how to get further information. Public notices in relation to the proposed designation are also placed in local media.

Landowners may object to the proposed designation of a site as a special area of conservation or special protection area. Following the completion of a Departmental review of an objection to the proposed designation, landowners may opt to take their cases to the Designated Areas Appeals Advisory Board, an independently chaired Board which makes recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, on such cases. The appeals process includes an oral hearing.

The Board heard 17 appeals over the 2013-2014 period. In each case the recommendation of the Board was accepted.

It is recognised that the nomination of a site for designation as a special area of conservation or special protection area may have an impact, for example, on the manner in which certain lands may be farmed. The designation of lands does not mean that the lands are subject to blanket restrictions. However, they must be managed appropriately.

In accordance with the relevant legislation, certain activities in protected sites may only be undertaken with my consent. Compensation may be payable where a person has been refused consent by me for a prescribed activity within a designated site that he or she had 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 process under the relevant legislation.

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. This programme provides for a range of supports for farmers, including payments in respect of sites nominated for designation or designated in accordance with the Directives. I understand that i n future, EU financial supports for agri-environmental actions by farmers in special areas of conservation and special protection areas will be made through the green, low carbon agri-environment scheme (GLAS), to be operated by the Department of Agriculture, Food and the Marine.