Dáil Éireann Debate, Thursday - 21 June 2018
16. Deputy Mick Wallace asked the Minister for Culture, Heritage and the Gaeltacht her Department’s input into the planning and construction stages of large scale road projects within special areas of conservation; and if she will make a statement on the matter. [26707/18]
Amharc ar fhreagraThe planning, design and implementation of road schemes as specified in the Roads Act, 1993, as amended, is the overall responsibility of Transport Infrastructure Ireland in conjunction with the local authorities.
The EU Habitats Directive and the EU Birds Directive are the cornerstone of EU law to conserve and protect our natural environment and in particular a wide range of habitat types, animals including birds and plants. These Directives have been transposed into Irish law primarily by the European Communities (Birds and Natural Habitats) Regulations, 2011 and by the Planning Acts.
As Minister for Culture, Heritage and the Gaeltacht I have statutory responsibility under the 2011 Regulations to designate and advise on the protection of habitats and species identified for nature conservation, including Special Areas of Conservation also known as SACs and Special Protection Areas also known as SPAs. Together these sites make up what is known as the Natura 2000 network.
All public authorities having, or exercising functions, including consent functions, which may have implications for, or effects on, nature conservation must ensure compliance with the requirements of the EU Habitats Directive and the EU Birds Directive and the 2011 Regulations. In that regard, public authorities are obliged to ensure that they do not undertake or adopt, or give consent to any party, for any plan or project that may adversely affect the integrity of a European site. A public authority that has been assigned responsibility, such as a consent function, is the relevant authority for undertaking those responsibilities and, as Minister, I am prohibited from doing so.
In accordance with regulations under the Planning and Development Act, 2000 as amended, proposed developments that have the potential to impact on the built, archaeological, or natural heritage must be referred to me as Minister for Culture, Heritage and the Gaeltacht. I am one of a number of such statutory consultees or prescribed bodies as they are sometimes known.
Since 2011, 18 large scale road projects from various locations around the country have been referred to officials of my Department in the National Parks and Wildlife Service. In 8 of these cases further information was requested, in 2 cases conditions in relation to nature conservation were recommended and in 8 cases no comments or observations were made.
An Bord Pleanála is the decision-making authority for large scale road projects. My Department’s role at the planning application stage of large scale road projects, as with all planning and development applications, is to provide advice to the decision-making authority to assist the authority in carrying out its functions. Ultimately, decisions to grant planning permission for various developments is a matter for planning authorities, including An Bord Pleanala, and I have no function in this regard.
