Vol. 543 No. 2
639 Mr. Sargent asked the Minister for Arts, Heritage Gaeltacht and the Islands the role Dúchas has had in any destruction or damage to protected habitats and any delays in bringing forward a coastal zone management policy. [26784/01]
The remit of Dúchas, the heritage service of my Department, is to prevent damage to protected habitats and species. In discharge of this remit it carries out ongoing monitoring of protected areas and where it finds that unauthorised operations or activities are being carried out, which could have a negative impact on the conservation status of a site desig nated under the European Communities (Natural Habitats) Regulations, 1997, i.e. Natura 2000 sites, it will seek the co-operation of the developer to ensure that such activities or operations cease. If developers are unwilling to co-operate, then legal proceedings may be initiated, either by Dúchas or another appropriate authority. Dúchas will also insist on restoration of the site as far as is practicable to its former condition.
Under the European Communities (Natural Habitats) Regulations 1997, where a proposed development is not directly connected with, or necessary to the management of, a special area of conservation but likely to have a significant impact on it, a planning authority or other authority has a duty to ensure that an appropriate assessment of the implications of this development for the site is undertaken. Permission for the proposed development should only be given where the relevant authority has satisfied itself that it will not adversely affect the integrity of the site unless the development is required for reasons of overriding public interest. Generally speaking, Dúchas is consulted by the planning authorities in relation to developments at protected sites and opposes any development that seems to it to be likely to cause significant damage to such a site.
The final decision on whether approval-authorisation is given is for the relevant Minister or planning authority. Activities or operations on a Natura 2000 site, or which are likely to have an adverse affect on a Natura 2000 site, require my consent which will not be forthcoming if the proposed activity or operation threatens the integrity of the site. I am not aware of any suggestion that delays in bringing forward a coastal zone management policy are attributable to Dúchas.
640 Mr. Sargent asked the Minister for Arts, Heritage Gaeltacht and the Islands the outcome of the threat of legal action by the EU Commission for endangering rare bird species with the construction of the Dublin Port tunnel. [26785/01]
The EU Commission addressed a Reasoned Opinion against Ireland on the 23 October 20001 in relation to Council Directive 79/409/EEC on the Birds Directive and Council Directive 92/43/EEC on the Habitats Directive. The opinion raised a number of issues, including the impact of Dublin Port Tunnel on 2.2 hectares of intertidal mudflat and gravel bars situated in the inner Tolka Estuary but outside the Sandymount Strand-Tolka Estuary special protection areas. The current position is that Dúchas, the Heritage Service of my Department, is in the process of addressing the issues raised in consultation with the relevant authorities.
