Written answers
Tuesday, 10 March 2015
Department of Arts, Heritage and the Gaeltacht
Special Areas of Conservation Designation
Áine Collins (Cork North West, Fine Gael)
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628. To ask the Minister for Arts, Heritage and the Gaeltacht if she received advice from the Attorney General on whether there is an obligation on the Government to properly compensate farmers in the designated areas whose lands and right to private property under the Constitution have been devalued or made worthless by the designation. [10270/15]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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In accordance with the relevant legislation, certain activities in sites designated for nature conservation may only be undertaken with my consent, as Minister for Arts, Heritage and the Gaeltacht. 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 or incentive schemes have generally been put in place, where required, without the need to undergo a formal process under the relevant legislation.
As appropriate, where the need arises, advice is sought from the Attorney General.
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