Dáil Éireann Debate, Thursday - 29 June 2006
241 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government his plans to introduce special protection areas for hen harriers; the activities he intends to ban or regulate in proposed SPA areas; the estimates for expected compensation payouts to farmers affected in the areas; and if he will make a statement on the matter. [25443/06]
View answerUnder the EU Birds Directive, Ireland, like other Member States, is required to maintain the population of the Hen Harrier, and to designate Special Protection Areas (SPAs) as required for the species.
In 2002, based on the then available information, nine possible SPA catchments were identified for Hen Harriers in the State. Since then, my Department has thoroughly reviewed the research and information on the Hen Harrier, including the results of a second national survey in 2005. Based on this work a significant reduction in the number and extent of SPAs is now envisaged.
In general, it is not anticipated that the designation of a site for Hen Harriers will have effects on existing farming, existing forestry, or other ongoing activities. Neither should designation of a Hen Harrier SPA result in any restrictions on future rural housing development, on the intensification of grassland management nor on the reseeding of rough grass fields in the area.
The main activities likely to require regulation would be land reclamation/habitat destruction; commercial turf extraction; scrub, gorse or hedgerow removal; and to intensive use of off-road vehicles, other than by farmers.
Any proposed windfarm developments will continue to be assessed through the planning process and planning authorities will assess each proposal on a case-by-case basis. I am today publishing Guidelines for planning authorities on wind energy development. These Guidelines point out there is huge potential to avoid or reduce negative environmental impacts, including those on the natural heritage, in designing wind energy projects.
Regarding the issue of further afforestation in the Hen Harrier SPAs, a Working Group of relevant interests both farming and forestry and my Department has been established to examine the issue with a view to developing a practical management regime for further forestry in the proposed SPAs.
Designation of SPAs does not, of itself, give rise to an entitlement to compensation. However Article 20 of the European Communities (Natural Habitats) Regulations 1997 provides that where consent to a specified operation or activity is refused the owner or occupier or user as the case may be paid by way of compensation, an amount equal to the loss suffered by the depreciation of an interest in the land to which he or she is entitled. In order to qualify for such compensation payments, it will generally be necessary to show that restrictions have been placed on activities which were practised for a period prior to the designation of the site in question. Compensation would be determined by reference to the predesignation and post-designation values of the land in question. The value of any amounts received under the Rural Environment Protection Scheme may also be taken into account is determining any compensation.
