Dáil Éireann Debate, Wednesday - 19 January 2022
448. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the criteria for a national heritage area, Natura 2000, a statutory nature reserve and refuge for fauna; the protections that each includes; the process for designation; and if he will make a statement on the matter. [63004/21]
View answerIreland’s natural heritage is an integral part of our national identity, providing a treasure trove of great social, educational, recreational and aesthetic value. Conserving nature requires a range of strategies to succeed, with designation of conservation areas required under both European (Birds and Habitats Directives) and national laws.
There are three main types of designations within Ireland - (i) Natural Heritage Areas (NHAs), (ii) Special Areas of Conservation (SACs), and (iii) Special Protection Areas (SPAs).
NHAs are areas protected under the Wildlife Act 1976 (as amended). They are areas considered important at a national level for the habitats present, or which hold species of plants and animals whose habitat needs protection, and where protection of the site will make a significant contribution to the conservation of one or more species or habitats which are considered vulnerable, rare or endangered.
Sites of significance at a European level are known as Natura 2000 sites, and designated for protection under the EU Nature Directives. These sites fall into two categories: Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) as set out below.
SACs are prime wildlife conservation areas, selected under the EU Habitats Directive which was transposed into Irish law by the European Communities (Birds and Natural Habitats) Regulations 2011. The Directive lists certain habitats and species that must be protected within SACs.
SPAs are designated for the protection of listed rare and vulnerable bird species, regularly occurring migratory species and wetlands, especially those of international importance. They are selected under the EU Birds Directive.
In all cases, sites are evaluated by scientific staff within the National Parks and Wildlife Service (NPWS) of my Department before being proposed for designation. Sites should be at least large enough to provide the physical and semi-natural conditions for the maintenance of a particular habitat and/or species.
Designated sites are fully protected from the time of first notification and advertising. Protection for these sites comes in the form of Activities Requiring Consent (ARCs). These activities require the permission of the Minister before they can be carried out and will be considered based on the level of damage or harm to habitats and/or species that will occur as a result of the activity taking place. Different ARCs apply to each site depending on what habitats and/or species are present.
Following the decision by the Minister to designate a site, landowners, known to the Department, are notified in writing. Advertisements are placed in National and regional newspapers and notices are broadcast on radio. In addition, notices are displayed in local Government offices, Garda stations and National libraries. Landowners are given three months in which to appeal the designation and/or to object to the Ministerial Order in relation to ARCs.
Compensation may also be available to landowners in certain circumstances. When the appeals process has been completed, the sites are formally designated by Statutory Instrument.
Certain other forms of protection may be afforded to sites as set out below:
Nature Reserves - An area of importance to wildlife, which is protected by Ministerial order under the Wildlife Acts.
The Wildlife Act 1976 empowers the Minister to establish or recognise Nature Reserves on state-owned or private land. The criteria for Nature Reserve Status is as follows:
(i) includes the habitat or forms the habitat of part of the habitat of one or more species or community of flora or fauna being a species or community which is of scientific interest, or
(ii) includes or forms an ecosystem which is of scientific interest,
and (iii) that the habitat or ecosystem is likely to benefit if measures are taken for its protection.
Section 15 of the Act refers to the Establishment Order for Reserves on lands owned by the Minister or by the State. Section 16 of the Act refers to the Recognition Order for Reserves on land other than land to which Section 15 applies. The land is managed so as to secure, as best may be, the objective indicated in the establishment/recognition order having regard to and in accordance with the general protection of the natural environment. In the case of a Nature Reserve on private lands, the owner(s) of the land must commit to managing the land as a nature reserve prior to the issue of a Recognition Order.
For any suitable land to acquire the status of Nature Reserve, it has to be established or recognised as such by the Minister. Any proposal to establish or recognise a Nature Reserve has to be first assessed by the Scientific Unit of the NPWS. The Scientific Unit has to establish that the area in question meets the criteria as listed above. If the criteria mentioned above are met, the designation process may begin.
A Statutory Instrument (S.I.) is drafted, and is accompanied by a map of the proposed reserve, the schedule (i.e. scientific description of the site) and ,in the event of a private nature reserve designation (section 16 of the Wildlife Act 1976) a commitment letter from the land owner(s) to manage the land as a nature reserve. Relevant statutory bodies are consulted if required. If no objections are expressed, the S.I. is signed and sealed by the Minister in exercise of the powers conferred on him/her by section 16 of the Wildlife Act 1976.
Refuge for Fauna or Flora -
Section 17 of the Wildlife Act 1976, provides that where the Minister considers that particular species of fauna or flora should be specially protected on an area of land, the Minister may designate that land as a refuge. The land in question should be, or be contiguous to, a habitat of the species requiring special protection. Or, the land may have features of the landscape which are of major importance to those species as they are essential for migration, dispersal and genetic exchange – for example ponds or small woods that function as stepping stones.
The seven refuges designated to date have been to specially protect breeding birds on marine cliffs and small islands. One example is, Refuge For Fauna (Bull Rock) Designation Order, 1991. The land, the subject of the Order, is designated as a refuge to specially protect the Gannet, Kittiwake, Storm Petrel and Razorbill. The Order places restrictions on when a person may climb the cliff face within the refuge. It also prohibits actions such as wilfully disturbing birds for which the land is a refuge; carrying on any part of the refuge a firearm or other weapon that could be used to hunt the birds; and dumping or disposing of any deleterious matter which could cause death or injury to the birds.
Before designating such a refuge, the Minister must conduct prior consultation with public authorities and notify the owner or occupier of the land and the general public, in order to allow for objections to be made. Compensation may be paid to a person with an interest in or over the land for any decrease in its value following designation.
