Written answers
Tuesday, 15 October 2024
Department of Housing, Planning, and Local Government
Environmental Policy
Catherine Connolly (Galway West, Independent)
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353. To ask the Minister for Housing, Planning, and Local Government how applications for derogation licences are assessed; what provision is made for public consultation and participation in the process; how the public is notified on the award of derogation licences; the body of oversight that processes and reviews derogation applications and will do so going forward; the body for any enforcement measures regarding a breach of derogation licence; and if he will make a statement on the matter. [41011/24]
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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The National Parks and Wildlife Service (NPWS) of my Department receive and consider applications for derogations pursuant to and accordance with regulation 54 of the European Communities (Birds and Natural Habitats) Regulations 2011. There is currently no provision made for public consultation pertaining to the consideration of applications for a derogation under Regulation 54 of the Regulations.
Data in relation to derogation applications and those granted are made available on the Government’s Open Data Portal on a monthly basis, link available here: opendata.housing.gov.ie/user/wildlifelicence-6518.
Both internal and external Guidance documentation is in the process of being prepared by the NPWS in relation to Article 12 and 16 of the Habitats Directive as transposed by way of regulation 51-54 of the Regulations. Such documentation will include guidance on the processes regarding derogations.
NPWS may follow up any suspected offences related to purported breaches of derogations in accordance with its statutory powers under the Regulations.
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