Jackie Cahill (Tipperary, Fianna Fail)
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497. To ask the Minister for Agriculture, Food and the Marine if current policy does not permit afforestation within hen harrier SPAs pending the formulation of the threat response plan for the species led by the NPWS. [51786/19]

Michael Creed (Cork North West, Fine Gael)
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Issues concerning the designation of Special Protection Areas (or SPAs) and the setting of conservation objectives are a matter for my colleague, the Minister for Culture, Heritage and the Gaeltacht. As previously outlined by Minister Madigan, the issue of afforestation within SPAs important to breeding hen harrier is an ongoing issue, and a previous protocol on the issue was discontinued as the European Commission considered it non-compliant with the EU Birds Directive.

The Department of Culture, Heritage and the Gaeltacht has prepared a draft Hen Harrier Threat Response Plan in cooperation with the Department of Communications, Climate Action and Environment, the Department of Housing, Planning and Local Government, and with my own Department. The draft Threat Response Plan must also undergo public consultation. Until the Threat Response Plan is completed, my Department will not be in a position to approve afforestation projects within the SPAs.

Jackie Cahill (Tipperary, Fianna Fail)
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498. To ask the Minister for Agriculture, Food and the Marine the location and size in hectares of each site designated as Natura 2000 pursuant to the habitats and birds directives in which afforestation has been permitted that is consistent with the conservation objectives of the sites by county in tabular form. [51787/19]

Michael Creed (Cork North West, Fine Gael)
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The National Parks and Wildlife Service (NPWS) of the Department of Culture, Heritage and the Gaeltacht is the competent authority for the designation of Natura sites, including Special Areas of Conservation and Special Protection Areas.

Article 6(3) of the Habitats Directive sets out the requirement for Appropriate Assessment (AA) in relation to Natura sites. It reads:

Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

This requirement is transposed into Irish law mainly through S.I. No. 477/2011 (Section 5). Recent rulings from the European Court of Justice and Irish courts have clarified various aspects of Article 6(3), and consenting authorities must conform to these rulings.

Any application for a forestry licence under the Forestry Act, 2014 is regarded as a “project”. The area where the proposed activity (and ancillary operations) is to take place, is the “project area”. My Department is the competent authority in the assessment of forestry licence applications and must be sure that the project meets the exacting requirements set out under Article 6(3).

All forestry licence applications undergo Appropriate Assessment screening, which takes account of the conservation objectives of any Natura site proximate to the project. As a prescribed body, NPWS is asked to provide their comments on a forestry licence application that falls within or is near to a Natura site. Their comments are considered as part of the assessment of that application.

It has not been possible to compile the information requested in the short time available. The data will be forwarded to the Deputy as soon as possible.