Legal protection for all industrial developments initially devolves from the Planning Acts. In the case of industry wishing to develop industrial plants in conservation areas, proposed for designation by my Department, the planning authorities were requested to afford Dúchas, the heritage service of my Department, an opportunity to make recommendations or submit reports in respect of any applications for planning permission likely to have an adverse impact on the ecology of proposed natural heritage area sites.
The European Communities (Natural Habitats) Regulations, 1997 (S.I. 94/97), transposed the EU Habitats Directive into national legislation, and provided for the protection of special areas of conservation, SAC. These regulations oblige planning authorities, including local authorities, An Bórd Pleanála and the Environmental Protection Agency, to:
(a)carry out an appropriate assessment of the environmental implications for the proposed SAC in view of its conservation objectives;
(b)only grant permission for developments that will not adversely affect the integrity of the SAC;
(c)impose any restrictions or conditions on the development which may be necessary to ensure the integrity of the site.