Vol. 485 No. 1
86 Mr. Higgins (Dublin West) asked the Minister for Arts, Heritage, Gaeltacht and the Islands the restrictions, if any, which apply to the development of land proposed to be designated as national heritage areas or special areas of conservation or designated as special protection areas; and if she will make a statement on the matter. [22564/97]
Natural heritage areas are as yet at the proposal stage and will not be designated until the necessary amendment to the Wildlife Act, 1976, has been enacted. Consequently, no specific restrictions apply to land proposed for NHA status. Planning authorities and grant-aiding authorities are, however, obliged to consult with the National Parks and Wildlife Service before approving developments in these areas to advise whether proposed developments are likely to be environmentally damaging. Under the rural environment protection scheme, participating farmers in these areas are required to farm in an environmentally friendly manner and thereby qualify for a top-up payment of £12 per acre.
The general position in proposed SACs and SPAs is that the EU Habitats and Bird Directives require that an assessment be carried out of operations or activities proposed for these areas, and if it appears that the ecology of the area will suffer in a significant way, the proposal may not proceed save for reasons of overriding public interest. In proposed SAC areas hosting priority habitats or species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment, or, further to an opinion from the European Commission, to other imperative reasons of overriding public interest. Farmers with land in those areas will be required to farm in accordance with an approved agri-environmental plan, which will specify any conditions or restrictions necessary to protect the relevant habitats or species.
