Pearse Doherty (Donegal, Sinn Fein)
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58. To ask the Minister for Housing, Planning, and Local Government the process and the steps taken by his Department and or the local authority in cases in which a landowner is to be informed of the designation of a special area of conversation on their land; and if he will make a statement on the matter. [23524/21]

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 area of conservation, 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 in relation to the proposed designation 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 as a special area of conservation. 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.

The process is completed with the formal designation of a site by Statutory Instrument. Statutory Instruments made, to date, formally designating sites as special areas of conservation may be viewed at .

Each Statutory Instrument sets out the area of the special area of conservation, the activities requiring the prior consent of the Minister or of another public authority for that site, the qualifying Interests of the site (the natural habitats and/or species listed in Annex I and II of the Habitats Directive for which the site is protected) and the offence provisions.

After a site has been formally designated, landowners known to the Department are notified in writing of the formal designation of the site by Statutory Instrument.

Notice of the formal designation of the site 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. Notices in relation to the formal designation are 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.