Seán Sherlock (Cork East, Labour)
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692. To ask the Minister for Housing, Planning, and Local Government the details of the compensatory measures that are available to farmers who have had their lands designated as special protection areas under the EU birds directive; the number availing of such measures; and the amount of funding provided by her Department for same. [15206/21]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Subject to the provisions of regulation 41 of the European Communities (Bird and Natural Habitats) Regulations 2011, where the Minister refuses to give consent to an activity requiring consent within a special protection area, in accordance with regulation 30 of the regulations, a person (owner or occupier or user) may be eligible to compensation of an amount equal to the loss suffered by him/her by the depreciation of an interest in the land to which he or she was entitled.

In this context, where a person makes an application for consent and the Minister refuses to give consent, he or she may make an application for compensation.

In 2020, the Department made two compensation payments totalling €4,278, arising from the refusal of the Minister to give consent to an activity requiring consent within a special protection area.

My Department’s National Parks and Wildlife Service also administers a farm plan scheme. This scheme provides payments for voluntary commitments by farmers above and beyond statutory requirements. While this is not a compensatory measure, commitments and actions undertaken as part of the scheme may occur on designated land.

Seán Sherlock (Cork East, Labour)
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693. To ask the Minister for Housing, Planning, and Local Government the system that is in place to facilitate objections by persons affected by having lands designated as SPAs in view of the significant impact on land valuations on designated lands; and if there is an independent arbitration process available to enable farmers to be recompensed for the depreciation in land values. [15208/21]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Ireland, like all Member States, is bound by the requirements of the EU Nature Directives. The Habitats Directive and the Birds Directive 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 have been transposed into national law under the European Communities (Birds and Natural Habitats) Regulations 2011, the Planning Acts and the Wildlife Acts.

When lands are being proposed for inclusion within a special protection area, identified landowners are notified of the proposed designation and are sent an information pack on the relevant site. The information pack explains the scientific reasons for the proposed designation, sets out the activities requiring the prior consent of the Minister or of another public authority for that site and includes information on how to appeal against the proposed designation. A map showing the boundaries and extent of the site is also sent to landowners to help them to determine whether or not their land is located within the site proposed for designation.

Notice of the proposed designation is also published in at least one newspaper with circulation covering the area in which the site is located, in one national newspaper and on the website of the National Parks and Wildlife Service of my Department. Adverts are broadcast on a radio channel generally available in the area in which the site is located and provided for display in local Garda stations, local authority offices, public libraries, local offices of the Department of Agriculture, Food and the Marine, the Department of Employment Affairs and Social Protection and offices of Teagasc.

A three-month period is provided for lodging an appeal against the inclusion of land within a site proposed for designation. Initially a Departmental review is undertaken in respect of an appeal. Where an appeal is unsuccessful/partly unsuccessful at the Departmental review stage, an appeal may be made to the Designated Areas Appeals Advisory Board. This board is comprised of representatives of landowners and of Environmental Non-Governmental Organisations, under an independent chairperson.

Following an appeal hearing, the board makes a recommendation to the Minister. This recommendation is based on scientific grounds as to whether the land should be included in the site proposed for designation. The recommendation of the Designated Areas Appeals Advisory Board may be accepted in full, in part or rejected and the appellant is informed of the decision of the Minister.

All deadlines for appeals, against the inclusion of lands within special protection areas, have passed.

Subject to the provisions of regulation 41 of the European Communities (Bird and Natural Habitats) Regulations 2011, where the Minister refuses to give consent to an activity requiring consent within a special protection area, in accordance with regulation 30 of the regulations, a person (owner or occupier or user) may be eligible to compensation of an amount equal to the loss suffered by him/her by the depreciation of an interest in the land to which he or she was entitled.

In this context, where a person makes an application for consent and the Minister refuses to give consent, he or she may make an application for compensation.

In the event that agreement cannot be reached on the amount of compensation between the Minister and the applicant, either party may apply to have the matter determined by an independent arbitrator.