Vol. 508 No. 3
327 Mr. Creed asked the Minister for Arts, Heritage, Gaeltacht and the Islands the compensation available to land owners in areas designated as special areas of conservation in view of the land use restrictions associated with this designation; the consultation process, if any, that was involved in this designation process; if it is possible to opt out of this designation; and, if so, the process whereby this may occur. [18986/99]
The EU Habitats Directive – 92/43/EEC – requires all member states to participate in establishing an EU wide network of ecological sites; this network is known as the Natura 2000 Network. The directive specifies habitats and species for which the member states must designate special areas of conservation – SACs. The selection of land for this designation is based solely on scientific grounds. In Ireland, the sites are largely selected from the existing proposed natural heritage areas – NHAs.
My Department has consulted with the farming and conservation organisations, and with the social partners, prior to, and subsequent to, advertising any proposed SAC. In addition, where landowners agree, liaison committees have been, and will be, established for the sites. My Department continues to meet organisations and individuals in connection with the proposals. I can assure the Deputy that full consultation has taken place, and will continue to take place.
The directive requires the member states to ensure that no activity or development, likely to have a significant adverse impact on a site's conservation value, may take place other than for reasons of overriding public interest.
Where the inclusion of land in an SAC causes an income loss the Government is committed to ensuring that a fair and proper level of compensation shall be paid having regard to the level, and extent of restriction. If an individual is unhappy with the amount of compensation s/he may have the matter referred to an arbitrator. It is anticipated that these proposed designations will not affect the majority of land owners, and land users, as their activities are, in general, already compatible with the conservation of these important ecological areas and I wish to emphasise that, where it is necessary to impose restrictions, full compensation will be paid for actual income losses.
The obligations imposed by the directive precludes the possibility of opting out of the proposed designation. However, I have no desire to include land in these sites unless it fully meets the criteria listed in the directive. To this end I have established an informal process whereby land owners, and land users, may object to the inclusion of their lands in these sites, on scientific grounds. I have also established an Appeals Advisory Board, chaired by Mr. Michael Mills, the former ombudsman, to whom individuals may refer their case if they are dissatisfied with the outcome of the informal process. This board is comprised of an equal number of representatives from farming/development interests and conservation interests; where possible the board will also have local representatives of both interests.
