Written Answers. - Wildlife Bill.
Edward Nealon
Question:
280
Mr. Nealon
asked the
Minister for Arts, Culture and the Gaeltacht
if the owners of areas to be designated national heritage areas will be compensated where developments, such as forestry, will be prohibited due to the national heritage status, resulting in major financial losses due to the change in status; and if he will make a statement on the matter.
[15132/96]
Edward Nealon
Question:
281
Mr. Nealon
asked the
Minister for Arts, Culture and the Gaeltacht
the precise structure as regards identifying and designating areas to be classified as national heritage areas; the current state of progress with the process; the standing as regards developments in areas under consideration for designation as national heritage areas but where a final decision has not been reached; and if he will make a statement on the matter.
[15133/96]
Mary Wallace
Question:
297
Miss M. Wallace
asked the
Minister for Arts, Culture and the Gaeltacht
if he will outline the practical significance of the proposed natural heritage area designation of land; the limitations this will place on the use of land; the limitations this will place on the ability of persons to fence or otherwise alter the division of the land; the proposed processes for monitoring compliance with these requirements; and the role which State agencies may play in dealing with breaches of these requirements.
[15913/96]
Mary Wallace
Question:
298
Miss M. Wallace
asked the
Minister for Arts, Culture and the Gaeltacht
the significance of the area of scientific interest designation of land for the permitted use of such land; and the procedures for enforcing compliance with the requirement of the designation.
[15914/96]
Tógfaidh mé Ceisteanna Uimh. 280, Uimh. 281, Uimh. 297 agus Uimh. 298 le chéile.
I refer the Deputy to my replies to Questions Nos. 42 and 49 of 12 June 1996 and Question No. 128 of 2 July 1996. As I stated in those replies, I expect to be in a position to place a Bill to amend the Wildlife Act, 1976, before the House in the autumn. The Bill will, inter alia, set out the requirements for natural heritage areas and the question of compensation, if any, will have to be viewed in the light of those requirements. The Bill will also establish a formal system for hearing objections to NHA designations.
The proposed NHAs are areas which contain the best remaining examples of our native wildlife species and habitats. It is EU policy that any developments in receipt of grant aid should have no adverse impact on the environment. Developments in areas under consideration for NHA status that comply with planning law and meet any necessary grant regulations are not affected by the proposed NHAs. However, where it is considered that development proposals will damage the environment, the National Parks and Wildlife Service of my Department will object to those proposals.
With regard to the identification of NHAs, a survey has been undertaken by the NPWS of former areas of scientific interest to determine whether or not they should be proposed for NHA designation. The criteria used by NPWS in selecting sites which are proposed for designation are set out in Appendix I. These criteria are applied in the light of best current scientific knowledge.
APPENDIX I
Criteria for selection of NHAs:
(a) Protection of site will make a substantial contribution to the conservation of one or more species* which are considered vulnerable, rare or endangered in the site's locality, region, Ireland or Europe, and whose survival in the area depends on the protection of the area and the habitats contained in it.
(b) The site contains habitats which are judged to be rare or endangered in the site's locality or region, or in Ireland or Europe, or which, where they do occur, are normally to a much greater degree of damage or disturbance.
(c) It contains habitats which, if they were to be destroyed, could never be re-created or which could not be recreated within a reasonable time scale or at a reasonable cost.
(d) It warrants conservation on the grounds of its diversity of species, plant or animal communities, habitats or structural features — such diversity being judged by reference to other sites of a similar or related type.
(e) It contains geological or geomorphological features or land forms which are rare in its locality, region, Ireland or Europe, or which, where they do occur, are normally subject to a much greater degree of damage or disturbance.**
(f) it contains habitats, geological or geomorphological features, land forms or other natural features considered as good representative examples of their type with reference to the range of natural variation in such features.**
(g) It is one of a number of sites whose conservation is essential in order to conserve the full range of natural variation in a given species,* habitat type, geological or geomorphological feature or landform or other natural feature in Ireland.**
(g) Conservation of the entire area is essential on the grounds that it comprises a landscape unit which contains a number of natural features, the combined conservation value of which is greater by virtue of their occurence in one area.**
(i) It has the potential, if managed appropriately, to qualify under one or more of the criteria listed above, in a reasonable time scale and at reasonable cost.
(j) It is judged to warrant selection as an SPA or SAC under EU Directives.
* "species" is used as defined in the Wildlife Act, 1976 and includes sub-species and hybrids.
**Sites will be proposed for NHA designation on geological or geomorphological grounds on the advice of the Geological Survey of Ireland.
