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Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Written Answers. - Natural Heritage Areas.

Ulick Burke

Question:

131 Mr. U. Burke asked the Minister for Arts, Heritage Gaeltacht and the Islands if, in relation to national heritage areas appeals under the Wildlife Act, 2000, she will clarify the interpretation of her Department of the process of consultation and partnership. [3304/01]

The Wildlife (Amendment) Act, 2000, was enacted on 18 December 2000. This Act will provide, for the first time, a statutory basis for the designation and protection of natural heritage areas, NHAs, which are sites of ecological or geological importance from a national perspective. Provision for appeal has been written into the Act to ensure that landowners' property rights are taken fully into account in the decision making processes.

Under section 16 of the Act, a landowner may object on scientific grounds to a site being designated as an NHA. It seems to me in that context that procedures similar to that currently applying to objections to SAC designations – including local liaison committees and an appeals advisory board – could also appropriate in the case of NHAs.

An appeals process is also provided for in section 19 of the Act, under which an owner /user may apply for consent to carry out works on a site that has been designated as an NHA. In the event of the owner/user being dissatisfied with the response of the Minister to such an application, section 19(7) of the Act provides for the appointment of an independent arbitrator for the purposes of hearing and determining the appeal. The Minister is bound to act in accordance with the determination of an arbitrator.
In general terms the consultation and partnership approach played a key role in bringing this Act onto the Statute Book with widespread support across all parties in the Oireachtas, as well as among NGOs and other interested parties. I believe that the objection/appeal mechanisms outlined above are fair and equitable and will help to balance the need to protect individual's property rights with the need to protect sites of natural heritage significance.
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