I would regard it as normal practice that the purchaser or his or her advisers would ascertain from the seller if there was a designation for conservation purposes on the land. The registration process can take quite a while to complete. Anybody purchasing land would be well advised to ascertain, through the auctioneer or solicitor handling the transaction, the position with regard to any SAC designation.
When SAC designations become final, following adoption by the European Commission and the making of a formal order by the Minister, it will be possible to register land formally as being covered by an SAC designation under the Registration of Title Act 1964. Under Regulation 14 of the habitats regulations, a person is required to seek my Department's consent before carrying out operations or activities likely to alter, damage, destroy or interfere with the integrity of an SAC site. This consent is dispensed with for activities or developments which require a licence or consent from another Minister or statutory body, such as a local authority or An Bord Pleanála in the case of planning applications, or the Minister for Communications, Marine and Natural Resources in the case of decisions regarding the issue of foreshore licences.
Where this obligation to obtain my Department's consent is contravened, the owner, occupier or user of the land may be required by my Department to restore the land to its pre-damaged state. Control over activities requiring consent of another authority is a matter for that authority. My Department has responsibilities to ensure that special areas of conservation are maintained in a favourable conservation status and to use the powers assigned to it appropriately to this end.
Perhaps the Senator could supply further details of the location of the site in question. It is possible that the difficulty arose at an in-between stage. However, if a person were buying land in a professional manner, it would be expected that the legal advisers or auctioneers would check out matters of this nature. Substantial efforts are made by my Department to inform people generally of special designations being made. The normal procedure includes notices in local newspapers, radio stations, Garda stations and local authority offices. A serious effort is made to communicate with the wider public when land is being designated. Nevertheless, people buying land should ensure that all aspects are fully checked and there is a certain responsibility on professional advisers in that regard.
I am not aware of this case. Perhaps the Senator would feed us information on it. A requirement to restore a site to its pre-damaged stage could also apply as part of a court order. While it could happen, the Department, without knowing the particular case, is surprised that it would happen and that a farmer, having bought land, would not have known and have been made aware of the circumstances. If the Senator provides me with the information, the Department can get it checked out further.