Natural Heritage Areas are only at the proposal stage and will not be designated until the necessary amendment to the Wildlife Act, 1976, has been passed by the Oireachtas. I expect to publish this Bill in the coming months. Even after formal designation, NHAs will not give rise to any compulsory restrictions on farming practices and thus compensation will not arise.
Special Areas of Conservation are important natural areas which are required to be protected under the terms of the EU Habitats Directive. I signed the regulations transposing the directive into Irish law yesterday and implementation will commence immediately. Farmers with land included in these areas will be required to farm in accordance with an agreed agri-environmental plan. This plan will be based on sustainable farming practices. My Department will not object in any way to farmers operating at the maximum level that is sustainable, and restrictions will apply only to activities that would damage the land.
Where restrictions in SACs cause income or capital loss for the farmers or landowners compensation will be payable. In the context of Partnership 2000, it was agreed that a fair and proper level of compensation shall be paid having regard to the level and extent of restriction and all reasonable losses arising as a result of SAC designation and to the difference between the value pre-designation for environmental purposes and the subsequent value of the land consequent on designation as an SAC.
Following extensive negotiations, agreement has been reached with the farming social partners on a scheme of compensation for losses arising as a result of SAC designations. Landowners or occupiers, part or all of whose land is designated as an SAC, may opt for either of the two alternative compensation packages, as follows:
Option 1:
Direct compensation scheme administered by my Department.
In this context a farmer will quantify the losses that he considers arise as a result of SAC designation. The losses will be assessed by my Department and an offer of compensation made. If agreement is not reached on the amount payable, independent arbitration will be available.