I propose to take Questions Nos. 316 to 320, inclusive, together.
The EU Birds Directive (79/409/EEC) requires the designation of sites in each Member State to protect birds at their breeding, feeding, roosting and wintering areas. For this purpose, my Department is currently engaged in a roll out of Special Protection Areas (SPAs) nationwide. This exercise includes re-designation of many existing SPA sites, some of which, like Wexford Harbour, were first designated some ten years ago. The adverse Judgement delivered by the European Court of Justice against Ireland in December 2007 means Ireland must deliver this programme of work in order to meet the requirements of the Judgement and to remedy perceived deficiencies in the designation of existing Special Protection Areas.
The proposal to designate the Wexford Harbour and Slobs area was published in November of 2007. All landowners or persons, with a legal interest in the land, that could be identified were notified. This notification included a map which indicated the full extent of the proposed designation. A further letter was issued to the same landowners as a clarification of certain points raised in respect of the designation. As maps had already issued to the landowners with the earlier letter a further map was not considered necessary.
Both Wexford County Council and Wexford Borough Council were notified of the designation proposal. Observations from both of these authorities are currently under consideration.
With regard to concerns about restrictions on recreational activity, such as swimming, sailing, and so on, current levels of use have no adverse effect on the existing or proposed designated area, and accordingly I have no plans to curtail current levels of recreational use of the area. In addition, there is potential for tourism and other economic opportunities in areas with significant levels of internationally important natural heritage, as is the case in Wexford.
It is a common concern that designation of land as a SPA precludes further development. This concern is unfounded. In practice it is normally possible for proposed developments to be planned or modified to ensure that they can proceed without negative impacts on the selected habitats and species. Where significant impacts are possible, the key requirements will be to do an appropriate assessment of the planned works, which will be considered by the planning authority in the context of any planning application.
The existence of the earlier SPA designation in 1985 and 1998 did not impede subsequent development in the Wexford area. Funding for the developments at Wexford and Killurin quaysides was provided by the Department of Agriculture, Fisheries and Food. The works on Killurin Pier are now complete. The funding provided for Wexford Harbour was in respect of consultancy work and did not involve any actual works to the Harbour.
In 2007 Wexford County Council applied for grant-aid in respect of the remediation of Killurin landfill. The total cost of the remediation was estimated by the Council at €4m. As this landfill is not fully closed it did not fulfil the terms of the Landfill Remediation Scheme (under this Scheme only landfills closed prior to 1 January 2006 are eligible).
My Department will be reviewing the terms of the scheme in 2008 and will be issuing a circular inviting applications later this year. Should Wexford County Council wish to re-submit their application when this circular issues it will be considered for assistance in accordance with the terms outlined.