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Dáil Éireann debate -
Tuesday, 10 Apr 2001

Vol. 534 No. 3

Written Answers. - Compensation Payments.

Dick Spring

Question:

250 Mr. Spring asked the Minister for Arts, Heritage Gaeltacht and the Islands the steps to be taken by a person (details supplied) in County Kerry in order to agree the level of compensation due to him in respect of losses incurred as a direct result of the prevention by the Minister of the development of a golf course on his land. [10426/01]

The European Communities (Natural Habitats) Regulations, 1997 S.I. No. 94 of 1997) provide that operations or activities that might cause damage to the ecology of candidate special areas of conservation cannot be undertaken without the prior written consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.

The Deputy might note that details of the proposed works to which he refers, have not been sub mitted with a view to receiving such consent. In the event of consent being refused, the person concerned should send details of actual losses incurred to my Department, who will assess the claim and make an offer, if it is considered warranted. In the event of disagreement, the regulations provide for arbitration.
The Deputy might also be aware that this person has made an application, which has been referred to the SAC Appeals Advisory Board, to have this land excluded from the SAC. In these circumstances, it is premature to consider any entitlement to compensation at this time.
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