Special Committee Wildlife Bill, 1975 debate -
Tuesday, 22 Jun 1976

SECTION 17.

Mr. T. J. Fitzpatrick (Cavan)

I move amendment No. 3.

In page 16, subsection (10), to insert " , as amended by subsequent enactments," after " the Act of 1919 " in line 42.

Section 17 provides that in the case of lands having a high wildlife value for fauna but not qualifying for status as a nature reserve, the Minister will be empowered to designate such lands as a refuge for fauna and impose such measures as he considers necessary for the protection of the fauna on the lands.

Subsection (10) provides for payment of agreed compensation for any diminution in the value of land attributable to the protective measures. In default of agreement the compensation would be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919.

The purpose of the amendment is simply to cater for subsequent amendments of the 1919 Act. It is a desirable drafting refinement suggested by the parliamentary draftsman.

Amendment agreed to.

Question proposed: " That section 17, as amended, stand part of the Bill."

Mr. Tunney

Am I correct in assuming that where the Minister decides to put a designation order on land he will decide what should be the compensation?

Mr. T. J. Fitzpatrick (Cavan)

That is not strictly correct. We have dealt with that matter in the amendment agreed to. Since 1919 in the case of land that has been acquired by any State body or local authority for public purposes, compensation for acquisition in default of agreement is fixed by the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended. The landowner can have recourse to that Act to have his compensation fixed.

Mr. Tunney

The Minister will appreciate that in details of legislation he has facilities which are denied to the rest of us. Supposing the Minister decides on a designation order in regard to a certain piece of land, a farmer's land, and the farmer is not happy with the compensation, that farmer has the right to appeal?

Mr. T. J. Fitzpatrick (Cavan)

It goes to arbitration.

Mr. Tunney

Are we happy that establishment orders and other such orders will indicate the same concern for flora as for fauna?

Mr. T. J. Fitzpatrick (Cavan)

That is dealt with in another section.

Mr. Haughey

Does the Minister contemplate considerable activity under this section?

Mr. T. J. Fitzpatrick (Cavan)

I do not as of now, but the Department will always be on the lookout for areas that might need special protection.

Mr. Haughey

Would the Minister have any particular species or areas in mind or is it just a general problem?

Mr. T. J. Fitzpatrick (Cavan)

It is a general problem to look after the various species.

Mr. Brennan

In addition to publishing in Iris Oifigiúil, I take it these matters will be notified properly?

Mr. T. J. Fitzpatrick (Cavan)

There is provision for that.

Question put and agreed to.