Designated Areas Appeals Advisory Board (DAAAB) for SACs and NHAs

http://www.isad.ie/units/view/id/315

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As of March 2016, there have been 990 appeals by Irish landowners against designation of 439 sites for protection as special areas of conservation under the Habitats Directive, 154 sites for protection as special protection areas under the Birds Directive, and 155 natural heritage areas designated under national legislation.

https://www.irishexaminer.com/farming/arid-20435263.html

Details of the number of appeals heard by the Board and the outcome of each appeal from 2013 to 2018 (to date)

https://www.oireachtas.ie/en/debates/question/2018-10-03/276/

Deputy Noel Grealish asked the Minister for Culture, Heritage and the Gaeltacht the number of persons who appealed a SAC designation on their lands; the number of persons who have successfully had their lands declassified as a SAC as a result of an appeal in each of the years 2013 to 2017 and to date in 2018; and if she will make a statement on the matter. [40291/18]

Response from Minister

Formal appeals against the inclusion of lands within a site proposed for designation as a special area of conservation (candidate special area of conservation) are heard by the Designated Areas Appeals Advisory Board.

Following an appeal hearing, the Board makes a recommendation to me, as Minister for Culture, Heritage and the Gaeltacht. This recommendation is based on scientific grounds as to whether lands should be included in the candidate special area of conservation. The recommendation of the Designated Areas Appeals Advisory Board may be accepted in full, in part or rejected.

Details of the number of appeals heard by the Board and the outcome of each appeal from 2013 to 2018 (to date) are outlined in the following table.

Year	No. of appeals heard by the Board	Outcome
2013	1	Unsuccessful
2014	0	Not applicable
2015	2	2 Partly Successful
2016	5	4 Partly Successful, 1 Unsuccessful
2017	9	7 Partly Successful, 2 Unsuccessful
2018	2	1 Partly Successful, 1 withdrawn at the appeals hearing itself.

Chair of the Board

https://www.npws.ie/news/appointment-chairperson-designated-areas-appeals-advisory-board-daaab-sacs-and-nhas

Designation Process

https://www.oireachtas.ie/en/debates/debate/seanad/2022-05-12/speech/19/

The designation of European sites under the nature directives is a formal, legal process with a number of steps that must be followed for each site. The criteria used to set the boundaries of the sites are purely scientific, as is required under the nature directives. They are designated to protect threatened, rare or endangered species and habitat types, which are listed in the annexes to the directives. The sites chosen are significant not just on a national but on a European stage.

The full process for site designation is set out in SI 477 of 2011, the European Communities (Birds and Natural Habitats) Regulations 2011. The first step is the identification of the appropriate geographical area of the site. This is done by scientific analysis. Once draft boundaries are proposed, the Minister notifies landowners and the public of his intention to designate the site and provides an opportunity for objections or appeals on the proposed site boundaries. Advertisements are published in local media and notices are displayed in local government offices, Garda stations and public libraries. Landowners within the proposed site, where their identities are known, are notified directly in writing with detailed information including a map of the site and information about why that site is being proposed for designation and details of compensation that may be available.

Connemara Bog Complex was first publicly notified in 1997 to protect a wide range of habitats and species, including active blanket bog and lagoons. In 2006, the boundaries of the site were amended by agreement between the Government and farming organisations. Public notifications were again issued and a further opportunity offered to appeal the amended designation. In total over the full period, 60 objections, or appeals, were received for Connemara Bog Complex. Of these, nine were successful, 12 were partially successful, 21 were unsuccessful and 18 were deemed invalid.

The appeals process for this site has now concluded and the site has moved on to the final stage of the process which requires the publication of a statutory instrument formally designating the site. The statutory instrument includes a description of the site, a detailed map showing the area, a complete list of habitats and species for which the area was selected and a list of activities which require the consent of the Minister before they can be undertaken in a way that affects the site.

It is important to note that all relevant protections under Irish law apply to the site from the time it is publicly notified as proposed for designation. A full list of all designated sites, the associated maps and statutory instruments is available on the Department’s website.

https://www.irishexaminer.com/farming/arid-20435263.html

Stages in the Site Designation Process

How does the Site Designation Process work?

At a national level, this Department consults regularly with stakeholders including the major non-Government farming and conservation groups and other government departments.

For consultation at a local level, owners of lands and/or rights in designated areas are identified and notified of proposals that may affect them and invited to attend public consultation meetings to develop conservation plans for the sites.

The Department also places advertisements locally in press and on radio to maximise awareness of any new statutory proposals.

Learn more about the Site Designation Process by clicking on the following link:

Click to access Site%20Designation%20Process%20%28October%202017%29.pdf