Dáil Éireann Debate, Wednesday - 7 December 2022
27. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the compensation that is available to persons (details supplied) as a result of lands being in a special area of conservation; and if he will make a statement on the matter. [61327/22]
Amharc ar fhreagraThe provision of compensation does not automatically apply to a site designated as a Special Area of Conservation. Under the European Communities (Birds and Natural Habitats) Regulations 2011-2021, compensation may be payable in certain instances where an application was made to carry out an activity requiring consent to which the regulations apply and that application was refused, modified, varies the conditions of, or revokes a consent.
Without prejudice to my responsibilities under the Birds and Habitats Directives; under Regulation 27 of the European Communities (Birds and Natural Habitats) Regulations 2011-2021, where an activity for consent falls under the responsibilities of another public authority, as in this particular case, I cannot undertake such responsibilities.
Furthermore, under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
