Dáil Éireann debate -
Tuesday, 28 Nov 1995

Vol. 458 No. 8

Written Answers. - Wild Birds Conservation.

Michael Creed

Question:

48 Mr. Creed asked the Minister for Arts, Culture and the Gaeltacht with regard to EU Directives 79/409/EEC and 92/43/EEC of 2 April 1979 and 21 May 1992, dealing with conservation of wild birds and conservation of habitat and which provide for special protection areas and special areas of conservation, the effects, if any, such designation will have on pre-existing uses of land in these areas, particularly for agricultural purposes; and the provisions, if any, that will be put in place in his Department for prior consultation with, and compensation of, affected landowners where necessary. [17705/95]

Minister for Arts, Culture and the Gaeltacht (Mr. M. Higgins)

EC Directive 79/409/EEC of 2 April 1979 (Birds Directive) was transposed into Irish law by S.I. 397 of 1985. I am at present drafting a statutory instrument to transpose EC Directive 92/43/EEC (Habitats Directive) into Irish law.

In accordance with the "Birds Directive", member states are obliged to protect all wild birds and their habitats. Under Article 4 measures must be taken to conserve the habitat of two categories of wild birds i.e. certain listed rare or vulnerable species and regularly occurring migratory species. Particular attention must be paid to the protection of wetlands and particularly to wetlands of international importance. Member states are required to designate the most important areas for these species as Special Protection Areas (SPAs). To date 75 sites, totalling some 157,000 ha approximately, have been designated as SPAs. This amounts to 2 per cent approximately of the area of the State.

In accordance with the Habitats Directive member states are required to designate Special Areas of Conservation (SACs) in order to ensure the restoration or maintenance of natural habitats or species of community interest at a favourable conservation status. Member states are required to take steps to avoid any significant deterioration of such habitats or disturbance of such species and any plan or project which would have such effect must be assessed and, if it would have a significant adverse effect on the integrity of the site in question, it must not be accepted by the competent national authority except in exceptional circumstances.

This directive applies these conditions to SPAs also. This does not mean that existing activities must be curtailed or that no new developments may take place in or near the vicinity of these areas but it does require that the implications of proposed changes must be assessed having regard in each case to the site's conservation objectives.

A notice of any proposal to designate sites as SPAs is announced in all the national daily newspapers, local papers and relevant publications. In addition a copy of the notice is forwarded to relevant planning authorities and to a range of conservation and development organisations including Government Departments and semi-state bodies. A period of four weeks is allowed for comments and, on occasion, comments received after the four week period have been accepted. After considering the comments received, the Minister determines whether or not to designate the site as an SPA. When the order has been made designating a site as an SPA a notice to that effect is published in the national daily newspapers, local papers and relevant publications. A copy of the order is also forwarded to relevant planning authorities. In addition copies of the order are laid before both Houses of the Oireachtas for 21 sitting days. It is evisaged that similar provisions will be made for public consultation in regard to SACs.

There is no provision for compensation under S.I. 397 of 1985. I am considering the provisions to be made in the S.I. transferring the Habitats Directive into Irish law. Since all these areas will be natural heritage areas, farmers whose lands are within them will be eligible under the Rural Environment Protection Scheme (REPS) for a maximum payment of £6,000 (.i. £150 per ha up to a maximum of 40 ha). Under this scheme, farmers may be requested to farm in an environmentally friendly manner and will be asked to refrain from undertaking activities that may threaten the habitat e.g. pollution, forestry, reclamation, etc.