Written answers

Wednesday, 8 June 2016

Department of Arts, Heritage and the Gaeltacht

Special Areas of Conservation

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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386. To ask the Minister for Arts, Heritage and the Gaeltacht if it is her policy to inform landholders if there land is to be designated an special protection area, special area of conservation or natural heritage area; the other methods by which the public are made aware of such proposed designations; the number of appeals received by the appeals advisory board, since the inception of these designations, against designation; the number of these that went to a full oral hearing; the number of cases where the advice of the board was varied by her and the years in which this happened; and if she will make a statement on the matter. [15025/16]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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387. To ask the Minister for Arts, Heritage and the Gaeltacht the number of times that the European Union commission have approached her Department seeking further designations of special protection areas and special areas of conservation; her response to these requests; the reason for each response; and if she will make a statement on the matter. [15026/16]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 386 and 387

Ireland remains committed to the implementation of the EU Nature Directives. To this end, Ireland has identified 430 sites for protection as special areas of conservation under the Habitats Directive and 154 sites for protection as special protection areas under the Birds Directive.

The matter of further designations being required has arisen for a number of reasons. A review of each Member State's contribution to the special area of conservation network was carried out in stages by the European Commission from 2000, which involved experts contracted by the Commission, independent scientific experts and representatives of Member States. Where such reviews indicated particular habitats and species for which the Member State was considered insufficient in terms of designation, further survey work and designations were required. There have also been judgements made by the Court of Justice of the European Union requiring further designations or extensions to existing designations in Ireland. For example, Ireland's 148 raised and blanket bog natural heritage areas were designated as part of proceedings in relation to the implementation of the Environment Impact Assessment Directive in Ireland.

Legal protections, consistent with those set out in the relevant EU and national legislation, such as the requirement to obtain consent for certain activities, have applied to these sites since initially proposed for designation. Ireland's planning and environmental legislation have operated under these designations since the time the sites were first advertised for designation.

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 placed in the media. Government Departments, public authorities, State and semi-State agencies, and bodies representing environmental, farming and business interests are also notified directly.

Since it began, the Designated Areas Appeals Advisory Board has received 990 appeals against the proposed designation of sites. Some 271 have progressed to a full oral hearing, with a recommendation made to the Minister for Arts, Heritage and the Gaeltacht. In the remaining cases, 254 appeals remain to be heard and the remainder were either withdrawn or resolved with my Department without the Board's involvement. In 27 cases, the Minister either accepted the Board's recommendation in part or rejected the recommendation. In all other cases, the recommendation was accepted in full.

The 27 cases occurred in the following years:

YearNo of cases
20032
20063
20074
200814
20094

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