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Dáil Éireann debate -
Tuesday, 29 Apr 1997

Vol. 478 No. 4

Written Answers. - International Agreements.

Frances Fitzgerald

Question:

80 Ms F. Fitzgerald asked the Minister for Equality and Law Reform the international agreements under the auspices of his Department which have not been signed by the State and which it is proposed that the State should sign or become a party to; the international organisation, if any, responsible for the agreement in each case, the date and location where each agreement was adopted or opened for signature; and when it is proposed to sign each agreement or become a party to it. [11372/97]

Government approval is required for signature by the State of international agreements. There are no international agreements at present which come within the responsibility of my Department which have not been signed by the State and which the Government has decided that the State should sign or become a party to. Decisions made by the Government, when they arise, will be announced in the normal way.

Mildred Fox

Question:

81 Ms M. Fox asked the Minister for Arts, Culture and the Gaeltacht if he will give details of the composition of the management structure with responsibility for overseeing the day-to-day operations of special areas of conservation; if provision will be made for local input, at decision-making levels; and if he will make a statement on the matter. [11214/97]

On a day to day basis, the conservation interests in SACs are monitored and managed by the locally-based staff of my Department's National Parks and Wildlife Service (NPWS).

NPWS operates on the basis of seven regional divisions, each headed by a regional manager. Regional staff liaise as necessary with NPWS HQ in Dublin, where the service's administrative and research units are located.

NPWS local staff are always prepared to discuss with local people their concerns regarding the implications of SAC designation and to explore ways to achieve the protection of such sites in a way that best addresses local concerns.

Affected persons can, through NPWS local staff, informally object to the extent of designation proposals or to the conditions that are proposed for the protection of these sites. Use of this informal channel in no way dilutes the more formal rights of objection that apply, whereby owners or occupiers of land in proposed SACs have three months from the date that they are notified under Regulation 4 (2) of the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997), that their land is affected by designation proposals to object, on scientific grounds, to the proposed designation.

Under the formal system, objections to the extent of designations or to the protective conditions proposed will be assessed by a Committee, comprising of representatives of landowners-users and other conservation interests, with an independent chairperson.

Finally, NPWS strategy in individual SACs will in most cases be informed by conservation plans, which are currently being prepared. Before these plans are finalised, there will be local public consultation where people can make an input to the process, and every effort will be made to take account of such inputs in the final versions of these plans.

Mildred Fox

Question:

82 Ms M. Fox asked the Minister for Arts, Culture and the Gaeltacht if his attention has been drawn to the fact that conflicting information is being given by operators of the 1-800 405-500 number set up to answer questions on special areas of conservation regarding the necessity to carry out an environmental impact study on proposed buildings within special areas of conservation; and if he will make a statement on the matter. [11215/97]

Mildred Fox

Question:

83 Ms M. Fox asked the Minister for Arts, Culture and the Gaeltacht if an environmental impact study will be necessary on any proposed buildings within special areas of conservation including domestic dwellings; and if he will make a statement on the matter. [11216/97]

Tógfaidh mé Ceisteanna Uimh. 82 agus 83 le chéile.

I am not aware that conflicting information has been provided for this matter. However, the relevant requirements are as follows:—

Regulation 27 of the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997), sets out the obligations of local authorities and An Bord Pleanála in granting planning permission within special areas of conservation (SAC).

Regulation 27 (1) provides that a local authority when duly considering an application for planning permission in respect of a proposed development in an SAC, which is likely to have a significant effect thereon, either individually or in combination with other developments, shall ensure that an appropriate assessment of the implications for the site in view of the site's conservation objectives is undertaken.

Regulation 27 (2) stipulates that an environmental impact assessment (EIA) in respect of a proposed development, prepared in accordance with a requirement of or under the Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1995), shall be an appropriate assessment in this context.

In practice it is unlikely that in most SACs it will be necessary to do a formal EIA for domestic buildings as a domestic building would be unlikely to have a significant impact. However, each case will be considered on its merits.

I have confirmed that all staff operating the 1-800 Freephone Information Line are aware of the above.

Mildred Fox

Question:

84 Ms M. Fox asked the Minister for Arts, Culture and the Gaeltacht the amount of time he has allowed for public consultation before proposed special areas of conservation in County Wicklow become designated special areas of conservation since the first advertisements on 10 March 1997; and if he will make a statement on the matter. [11217/97]

Under the provisions of Regulation 5 of the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997), owners or occupiers of land in proposed special areas of conservation have three months from the date that they are notified under Regulation 4 (2) that their land is affected by designation proposals to object, on scientific grounds, to the proposed designation.

Mildred Fox

Question:

85 Ms M. Fox asked the Minister for Arts, Culture and the Gaeltacht if he has made provision for compensation of land owners and farmers who are within special areas of conservation but are outside the uplands in County Wicklow, particularly Buckroney and Brittas dunes, The Morrough and Maherabeg dunes; and if he will make a statement on the matter. [11218/97]

The Government has committed itself in the context of Partnership 2000 to the payment of a fair and proper level of compensation having regard to the level and extent of restriction and to all reasonable losses arising as a result of designation SACs, special areas of conservation designated under the EU Habitats Directive, or SPAs special protection areas designated under the EU Birds Directive and to the difference between the value pre-designation for environmental purposes and the subsequent value of the land consequent on designation as an SAC/SPA.

This applies to all land in SACs-SPAs, whether in upland areas or not.

Mildred Fox

Question:

86 Ms M. Fox asked the Minister for Arts, Culture and the Gaeltacht if he briefed consultants (details supplied) on the proposed special areas of conservation in County Wicklow or furnished them with maps of proposed special areas of conservation before or during their study of the Wicklow Mountains National Park; and if he will make a statement on the matter. [11219/97]

RPS Cairns were given a very detailed written brief in July 1995 as an invitation to tender which subsequently formed their contract with the State and contained all relevant background information necessary for the completion of a number of specific tasks to be carried out by them.

The following is an except from the brief which summarises the backdrop against which these tasks are to be completed as well as setting out in detail the tasks themselves:

In view of the importance and unique qualities of the area in general, in view of the need to protect and conserve the area's outstanding natural habitats, in view of the equally important need to protect and underpin the social and economic life of the local communities both in the settlements and the rural area and in recognition of the competing demands of different activities and concerns, the Minister for Arts, Culture and the Gaeltacht has decided to commission a study in respect of the area.

The study will comprise three elements:
— A draft strategy for the overall development of the Wicklow Mountains area which will take account of the requirements of nature conservation and visitor management as well as of the social and economic needs of the community of the area.
— A draft management plan for the Wicklow National Park
— A draft nature conservation strategy for the Proposed Natural Heritage Areas and the Proposed Special Protection Area for Birds.
A Natural Heritage Area (NHA) is a proposed designation to protect an environmentally sensitive area which will be given a legislative basis by way of an amendment to the Wildlife Act, 1976, and which I expect to introduce as a Bill in the Oireachtas later this year. A special area of conservation (SAC) is a designation, also for an environmentally sensitive area, provided for in the EU Habitats Directive 92/43/EEC which was transposed into Irish Law on 26 February last as the European Communities (Natural Habitats) Regulations, 1997.
A map which set out the study area was also provided to RPS Cairns and the brief further stated:
This area contains a number of proposed Natural Heritage Areas including some of international importance which are likely to become special areas of conservation under the Habitats Directive. It also contains a candidate Special Protection Area for Birds.
As can be seen from the above, the consultants were made aware of the existence of proposed SACs in the context of the requirement for the NHAs in the study area and this requirement was set out as follows:
A specific draft plan should also be written for each of the proposed Natural Heritage Areas, the proposed Special Protection Area for Birds and other designated conservation areas within the study area setting out a broad outline of positive actions which should be encouraged and the type of activities which should be avoided.
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