The designation of special areas of conservation does not in itself give rise to any entitlement to or need for compensation. The European Communities (Natural Habitats) Regulations, 1997, however, provide that where consent, other than through the planning system, is refused for an operation or activity, the Minister for the Environment and Local Government shall in certain circumstances pay compensation, whether to the owner, occupier or user of the land. Refusal of planning permission for development on grounds of interference with an SAC is in principle non-compensatable.
Against this background, my predecessor in the nature conservation function, the then Minister for Arts, Heritage, Gaeltacht and the Islands, undertook earlier this year to engage with the Irish Farmers Association in an examination of compensation and related matters for farmers and landowners in designated special areas of conservation as well as in natural heritage areas and special protection areas.
My Department has now received detailed proposals from the IFA in relation to the substance of the review and had an initial meeting with them on 7 October 2002. Further meetings will be arranged to progress the review which will also involve other farm representative bodies as appropriate.