Catherine Connolly (Galway West, Independent)
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454. To ask the Minister for Arts, Heritage and the Gaeltacht the reason the NPWS did not comment on the lack of an NIS and or an EIS in its observations advising on the protection of surrounding networks in relation to a foreshore lease application (details supplied) in view of the fact that the screening process identified likely significant effects on the integrity of sites (details supplied); and if she will make a statement on the matter. [17883/17]

Catherine Connolly (Galway West, Independent)
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455. To ask the Minister for Arts, Heritage and the Gaeltacht the rationale behind agreeing with the conclusion that no pathway exists by which a proposed test site (details supplied) could impact upon any adjacent designated site when the birds protected in the SPA can fly the short distance to the test site; and if she will make a statement on the matter. [17884/17]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 454 and 455 together.

As previously outlined on a number of occasions to the Deputy, my Department, through its National Parks and Wildlife Service, provided observations on the application in question, noting that the development is unlikely to have a negative interaction with nature conservation sites referred to by the Deputy, due to the nature and location of the works, and I am satisfied that those observations were correct.

Almost all birds in a protected site could fly to other areas which contain developments but this of itself does not pose a threat to the protected site. The risks to species listed for the nearest sites were dealt with in the Appropriate Assessment Stage 1 Screening Report.

An NIS or EIS is not necessarily required for a project. The site proposed in the application is not within any currently designated Natura site. Under Regulation 42 of the European Communities (Birds and Natural Habitats) Regulation S.I. 411of 2011, any plan or project must be screened for Appropriate Assessment. The proposed development was screened out in the proponents’ report, which provided a scientific rationale to assert that there were no likely significant effects on listed species for nearby Natura sites.

The requirement for an Environmental Impact Statement is set out in the European Communities (Environmental Impact Assessment) Regulation S.I.349 of 1989 and amendments. In documentation supporting the application it was concluded that the proposed development of the test site does not conform to the definitions provided by Annex I of Council Directive 85/337/EEC and amendments. The decision related to the requirements for an NIS/EIS will be made by Department of Housing, Planning and Local Government as part of its statutory role.