Dáil Éireann Debate, Thursday - 30 April 2015
9. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the position regarding the imposition of burdens on the land folios with lands designated as special protection areas or special areas of conservation; and if she will make a statement on the matter. [16749/15]
Amharc ar fhreagraLegislation enacted in 2011 places a charge on the deeds of property designated as special areas of conservation. One seventh of the area of the country was made subject to these burdens through sleight of hand in a statutory instrument. Why was this introduced? The Department of the Arts, Heritage and the Gaeltacht is beginning to act like the banks except that agreements are entered into voluntarily in the case of banks and the banks deliver on their part of the bargain by providing the money up front.
The designation of an area of land as a special area of conservation or special protection area does not create a burden on a folio for that land. The actual imposition of a burden on land folios is a matter for the Property Registration Authority of Ireland. Provision is made under Regulation 14(6) and Regulation 18(9) of the European Communities (Birds and Natural Habitats) Regulations 2011 to facilitate this process for special areas of conservation and special protection areas, respectively. However, I have no plans at present to seek the imposition of such burdens.
The Minister has authority under law to introduce burdens with the stroke of a pen. If somebody goes to the bank tomorrow morning to get a loan, the bank will take into account the fact that the lands have been designated and will reduce its valuation of the land accordingly. A burden is placed on the land in practical terms. Given that she has put this responsibility on land owners, why is the Minister not prepared to compensate them? A total of 781 turf cutters have sought to relocate to bogs that are not designated. At the rate that the Department of Arts, Heritage and the Gaeltacht is currently processing their applications, it will take 276 years to relocate all of them.
In regard to the Deputy's question, there is provision to place a designation as a burden on a folio. I have no plans to seek the imposition of such burdens.
The reality is that the burden is already on those properties. They have been devalued and the Department is not prepared to offer compensation. The Minister justifies this policy by claiming that farmers can avail of the GLAS scheme as a form of compensation. I know of one farmer in County Roscommon who has a turlough on his land which has been designated as a special protection area. If he wants to go into the GLAS scheme he must give up intensive farming as a sheep farmer because one third of his farm will be sterilised for six months of the year under the conditions set out under the scheme. The reality for a considerable number of farmers in designated areas is that it is not feasible to go into GLAS but the Department has not offered a compensation scheme since 2010. Given that the Minister has in practice imposed a burden on these lands by introducing legislation to impose a legal burden at the stroke at a pen, will she deliver on the compensation to which these farmers are entitled?
That matter was not raised in the Deputy's original question but I restate that I have no plan to register a burden on land certificates.
Will the Minister answer any of the questions I asked? Why was a statutory instrument introduced in 2011 to legally place a burden on one seventh of the land area of this State? When one takes into account the area of land that is already in public ownership, this provision in practice will mean taking possession of lands because farmers will be unable to carry out work without written permission from the Minister. Why was that legislation introduced if she has no plan to place a legal burden on the folios because it places a burden on those lands in practical terms? Why is she turning her back on the affected farmers by withholding legitimate compensation for the legal responsibility she is imposing on them?
I am not turning my back on any farmers. I answered an earlier question on farmers with lands in designated areas. Those farmers will get priority under the GLAS scheme. I will find out the precise details of the legislation to which the Deputy referred but I understand that the legal agreement for raised bogs and special areas of conservation covered by the cessation of turf cutting scheme provides the right to enter a property to carry out works, with the cost of restoration to be placed as a burden on the folio under which the property is registered. A burden preventing the cutting and removal of turf from the property can also be placed on the folio. The agreement also provides that if a site is undesignated the burdens can be removed from the folio. Furthermore, the agreement provides for the registration of notice of the agreement on the folio. As I have already stated, I have no plans to register burdens on folios.
The Minister-----
No, the Deputy has had a good run.
She has already listed the burdens.
Please resume your seat.
That is the legal agreement.
Two Deputies are waiting to put their questions and we only have seven minutes left.
