Ireland, like all EU Member States, is bound by the requirements of the Habitats Directive. This Directive aims to ensure the protection of habitats and species which have been selected for conservation within Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). The Habitats Directive has been transposed into national law under the European Communities (Birds and Natural Habitats) Regulations 2011.
Landowners may object to the proposed designation of a site as an SAC. Following the completion of a Departmental review of an objection to the proposed designation, landowners may opt to take their cases to the Designated Areas Appeals Advisory Board, an independently chaired Board which makes recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, on such cases. The appeals process includes an oral hearing. The Board heard 17 appeals over the 2013-2014 period. In each case the recommendation of the Board was accepted.
It is recognised that the nomination of a site for designation as an SAC may have an impact on the manner in which certain lands may be farmed. The designation of lands does not mean that the lands are subject to blanket restrictions. However, they must be managed appropriately.
In accordance with the relevant legislation, certain activities in protected sites may only be undertaken with my consent, as Minister. Compensation may be payable where a person has been refused consent by me for a prescribed activity within a designated site that he or she had been undertaking in the five year period prior to the refusal. However, compensation schemes have generally been put in place, where required, without the need to undergo a formal process under the relevant legislation.
While my Department has the lead role in relation to the implementation of the Habitats Directive, significant funding is provided through the rural development programme, operated by the Department of Agriculture, Food and the Marine. This programme provides for a range of supports for farmers, including payments in respect of sites nominated for designation or designated in accordance with the Directive. I understand that, i n future, EU financial supports for agri-environmental actions by farmers in SACs and SPAs will be made through the green, low carbon agri-environment scheme (GLAS), to be operated by the Department of Agriculture, Food and the Marine.
Since this Government has come into office, huge efforts have been made to engage with stakeholders with regard to the implementation of the EU Habitats Directive. My Department engages with stakeholders, including those from the farming sector, non-governmental organisations and other public authorities, on an ongoing basis in this regard. This has particularly been the case in efforts to solve the issue of the protection of Ireland’s raised bog SACs within the framework of the Habitats Directive. This has included intense engagement with turf cutting interests, farmers, non-governmental organisations and with the European Commission, as well as the putting in place of a long-term compensation scheme.
