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Dáil Éireann díospóireacht -
Tuesday, 13 May 1997

Vol. 479 No. 2

Written Answers. - Compensation Measures.

Desmond J. O'Malley

Ceist:

31 Mr. O'Malley asked the Minister for Arts, Culture and the Gaeltacht if he will give details of the compensation arrangements available to farmers adversely affected under EU Directive 92/43/EEC; and if he will make a statement on the matter. [12668/97]

I have received Government approval for a package of compensation measures to be co-funded through my Department with co-financing from the EU. EU approval has yet to be obtained.

Following extensive negotiations, agreement was reached with the farming social partners on a scheme of compensation for losses arising as a result of Special Area of Conservation designations. 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 predesignation for environmental purposes and the subsequent value of the land consequent on designation as an SAC.

Landowners-occupiers, part of all of whose land is designated as an SAC, may opt for either of two alternative compensations packages as follows:

Option 1

Compensation Scheme administered by the Department of Arts, Culture, and the Gaeltacht:-

(i) This package will be offered to those who decide not to participate in the rural environment protection scheme (REPS) administered by the Department of Agriculture, Food and Forestry.
(ii) Under this scheme farmers will be required to farm their SAC land in accordance with an agri-environment plan prepared by the Department of Arts, Culture and the Gaeltacht in consultation with the Department of Agriculture, Food and Forestry.
(iii) The farming conditions that will apply in the Burren, blanket bogs, heaths, and upland grasslands in SACs have already been agreed by the Department of Arts, Culture and the Gaeltacht, and Agriculture, Food and Forestry, Teagasc, private farm planners, farming organisations and other interested parties. These habitats account for over two-thirds of the land area to be included in SACs. Arrangements are in hand to discuss and agree other affected habitats in the same way.
(iv) Farmers will be compensated for all losses of income including headage or premia or its alternative. Farmers will also be compensated for any additional costs or losses which arise as a result of complying with the farm plan.
All such costs, including capital costs, shall be identified, quantified, and agreed between the Department of Arts, Culture and the Gaeltacht and the farmer concerned in advance.
(v) In exceptional cases, including hardship,ex-gratia payments may be made or outright purchase considered.
(vi) Where agreement is not reached on the amount payable, independent arbitration will be available.
Option 2
Rural environment protection scheme (REPS) administered by the Department of Agriculture, Food and Forestry.
Farmers with land in an SAC, who opt to join REPS, will be eligible for the following payments in addition to those already available under the existing REPS scheme:

1-100 acres

£15.00 per acre

Next 100 SAC acres (i.e. 100 to 200 SAC acres)

£7.50 per SAC acre

Next 100 SAC acres (i.e. 200 to 300 SAC acres)

£5.00 per SAC acre

Over 300 SAC acres

Nil

These payments are subject to EU approval.
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