As the Deputy will be aware, the dredging of rivers and streams has the potential to cause environmental and economic damage, and must be undertaken with due care and in keeping with the appropriate legal framework governing such activities. It is, in my view, fully in keeping with the principles of good river management and flood protection that all potential impacts of proposed works be fully considered before proceeding. The activities referred to by the Deputy, insofar as they relate to the responsibilities of my Department, are governed by the provisions of the Wildlife Acts (if the works relate to Natural Heritage Areas) or the European Communities (Birds and Natural Habitats) Regulations 2011. Those Regulations, together with the Planning and Development Acts, transpose into Irish law Ireland's obligations under the EU Birds and Habitats Directives. Certain drainage works within certain Natural Heritage Areas and protected European sites (Special Areas of Conservation and Special Protection Areas) require the consent of my Department before they can be undertaken.
Drainage plans or projects undertaken by State bodies, such as the Office of Public Works or local authorities, must also be undertaken in compliance with the relevant legislation. Any flood alleviation plan or project must, by law, be screened for potential impacts on European sites and, if necessary, subjected to a more detailed "appropriate assessment" of its potential impacts in view of the sites' conservation objectives. If it can be concluded that there is not a risk to a European site, then the plan or project may proceed. If, on the other hand, such a risk cannot be ruled out, then the project cannot proceed unless the legally prescribed conditions for derogation can be met.
Any project adversely impacting on the otter or bat species, which are afforded strict protection under the Habitats Directive, will also require a derogation licence from my Department before commencing.
