Dáil Éireann Debate, Wednesday - 6 May 2015
606. Deputy Sean Fleming asked the Minister for Arts, Heritage and the Gaeltacht if compensation measures are in place, or are being examined, for the reduction in value of land, where a person's lands are included in a special protection area, and plans to compensate landowners for the reduction in the value of their land, as a result of this designation; and if she will make a statement on the matter. [17731/15]
Amharc ar fhreagraThe designation of Special Protection Areas, or SPAs, is a legal obligation placed on all Member States in the EU, and Ireland was found by the European Court of Justice in 2007 to have failed to designate a sufficient number of SPAs.
It is essential, in my view, that, wherever possible, use is made of opportunities for co-funding from the EU in providing payments to farmers who own lands subject to such designations. Therefore, while my Department has the lead role in relation to the implementation of the EU Habitats and Birds Directives, significant funding is provided through the Rural Development Programme (operated by the Department of Agriculture, Food and the Marine) to assist farmers in meeting the requirements of the Birds and Habitats Directives. Participation in the Basic Payment Scheme requires farmers to abide by the statutory requirements relating to SPAs and Special Areas of Conservation – collectively known as Natura 2000 sites. Agri-environment schemes such as the new GLAS scheme have provided, and will provide, a range of supports, including payments in respect of Natura 2000 sites, to tens of thousands of farmers.
A habitat enhancement scheme (known as the National Parks and Wildlife Service Farm Plan Scheme) was available to farmers in Hen Harrier SPAs to undertake proactive measures for the species. These measures were not a condition of the designation, nor were they mandatory. For that reason, they are not considered to be compensation for the prevention of an activity or a development on the lands in question. Voluntary commitments were entered into by 377 landowners under the Farm Plan Scheme, covering over 9,000 hectares. I am advised that 42 farm plans are still active.
The designation of lands does not mean that the lands are subject to blanket restrictions, although they must be managed appropriately. This requirement means that certain State-funded grant schemes must be operated with due care where they may affect such lands and they cannot be considered an automatic entitlement of the landowner.
