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The Designation of Nature Conservation Sites in Ireland

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<strong>The</strong> <strong>Designation</strong> Process – A Step by Step Guide<br />

Liv<strong>in</strong>g with <strong>Nature</strong>: <strong>The</strong> <strong>Designation</strong> <strong>of</strong> <strong>Nature</strong> <strong>Conservation</strong> <strong>Sites</strong> <strong>in</strong> <strong>Ireland</strong><br />

STEP 3 - OBJECTIONS AND APPEALS<br />

STEP 4 - DESIGNATION<br />

Objection or appeal can be made aga<strong>in</strong>st the<br />

<strong>in</strong>clusion <strong>of</strong> a piece <strong>of</strong> land <strong>in</strong> a SAC, SPA or NHA.<br />

A person can only make objections if they have a<br />

legal <strong>in</strong>terest <strong>in</strong> the site (i.e. an owner or legal user).<br />

<strong>The</strong>y must be made on scientific grounds, e.g. a<br />

landowner would show that the relevant<br />

habitats/species/geological features were not<br />

present <strong>in</strong> such a condition as to warrant<br />

designation. Appeals can also be made for the<br />

<strong>in</strong>clusion <strong>of</strong> lands. Appeals should be accompanied<br />

by a map <strong>of</strong> the area <strong>of</strong> concern and be as<br />

<strong>in</strong>formative as possible. <strong>The</strong>re are two stages to the<br />

appeals process:<br />

1st stage: To make an Informal Appeal:<br />

Write to the Appeals Section <strong>of</strong> Dúchas at 7 Ely<br />

Place, Dubl<strong>in</strong> 2, or contact the local Dúchas<br />

<strong>Conservation</strong> Ranger (see list with this booklet). <strong>The</strong><br />

appellant will be visited by local Dúchas staff who<br />

will discuss the appeal, exam<strong>in</strong>e the scientific<br />

grounds for it and make a recommendation to their<br />

manager.<br />

2nd stage: Formal Appeal:<br />

This option is available only where an <strong>in</strong>formal<br />

appeal is unsuccessful. If so, the appellant may have<br />

the case referred to an Appeals Advisory Board,<br />

which is <strong>in</strong>dependent <strong>of</strong> Dúchas. A grant to defray<br />

the cost <strong>of</strong> an expert scientific report is available to<br />

the appellant. <strong>The</strong> Board is comprised <strong>of</strong> equal<br />

representation <strong>of</strong> landowners/users and<br />

conservationists, with an <strong>in</strong>dependent chairperson.<br />

<strong>The</strong> Board makes a recommendation on each appeal<br />

to the M<strong>in</strong>ister who then decides on the outcome <strong>of</strong><br />

the appeal.<br />

A similar arrangement will operate for NHA appeals.<br />

Three months is allowed by law for objections to the<br />

proposal to designate a site. In practice, objections<br />

are given full consideration even after the formal time<br />

limit has expired.<br />

Details on each proposed SAC are transmitted to<br />

the EU Commission, after which it is called a<br />

“candidate SAC”. All the European candidate sites<br />

are exam<strong>in</strong>ed by representatives <strong>of</strong> member states,<br />

<strong>in</strong>dependent scientists and NGO representatives.<br />

Once approved by the EU commission, the sites will<br />

be formally designated by the M<strong>in</strong>ister.<br />

SPAs are designated by the M<strong>in</strong>ister without<br />

reference to the EU, although the Commission can<br />

and does seek to ensure that the total area<br />

designated is adequate with<strong>in</strong> the terms <strong>of</strong> the Birds<br />

Directive.<br />

NHAs are designated by the M<strong>in</strong>ister without<br />

reference to Europe.<br />

<strong>The</strong> appellant will be visited<br />

by local Dúchas staff who will<br />

discuss the appeal, exam<strong>in</strong>e<br />

the scientific grounds for it<br />

and make a recommendation<br />

to their manager.<br />

pg 11

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