WILDLIFE (AMENDMENT) ACT, 2000

AN ACT TO AMEND AND EXTEND THE WILDLIFE ACT 1976, AND TO PROVIDE FOR CONNECTED MATTERS.

[18th December, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title, collective citation and construction.

1.—(1) This Act may be cited as the Wildlife (Amendment) Act 2000.

• (2) The Principal Act, as amended by the Regulations of 1985, and this Act (other than paragraphs (a) and (b) of section 5 and Part VII) may be cited together as the Wildlife Acts, 1976 and 2000, and shall be construed together as one.

2. Commencement.

2.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of the Act.

3. Interpretation.

3.—(1) In this Act—

“the Arbitrator” means a person appointed under, and for the purposes referred to in, section 10;

“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands;

“the Principal Act” means the Wildlife Act 1976;

“the Regulations of 1985” means the European Communities (Wildlife Act 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985).

• (2)
• (a) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that a reference to some other Act is intended.

• (b) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

4. Saver for orders, etc.

4.—No repeal or amendment by this Act shall be construed so as to affect the continuance, in accordance with its terms and conditions, of any order or designation, or licence granted under the Wildlife Act 1976, which was subsisting at the time of commencement of the relevant provision of this Act.

5. Repeals.

5.—The following are hereby repealed:

• (a) in the Forestry Act 1946, Part III (sections 12 to 34) and section 60,

• (b) the Forestry Act 1956,

• (c) sections 7, 42(7), 60 and 61, subsections (1) to (4) of section 63 and section 68 of the Wildlife Act 1976.

PART II Amendment of Part I of Principal Act and of Functions of Minister

6. Amendment of section 2 (definitions) of Principal Act.

6.—(1) Section 2 of the Principal Act is hereby amended in subsection (1)—

• (a) by the insertion of the following after the definition of “building operation”:

“‘the CITES Convention’ means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on the 3rd day of March, 1973, as subsequently duly amended;

‘the CITES Regulations’ means, where appropriate, either or both Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein^(1), which relates to the CITES Convention, and Commission Regulation (EC) No. 939/97 of 26 May 1997 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein^(2), together with any amendments to or replacements of those Regulations;”,

• (b) by the insertion of the following after the definition of “the Commissioners”:

“‘communities’ means any naturally occurring group of organisms that occupy a common environment;”,

• (c) by the substitution of the following for the interpretation given to “conservation”:

“‘conservation’ includes measures to maintain or enhance or restore the quality, value or diversity of species, habitats, communities, geological features or geomorphological features;”,

• (d) by the insertion of the following after the meaning assigned to “exempted wild mammal”:

“‘export’, where the context so admits, includes re-export and cognate words shall be construed accordingly;”,

• (e) by the substitution, in the definition of “falconry”, of “orders Accipitriformes, Falconiformes and Strigiformes” for “order Falconiformes” and the said definition, as so amended, is set out in the Table to this section,

• (f) by the substitution of the following for the interpretation given to “fauna”:

“‘fauna’ means all wild birds and all wild animals (both aquatic and terrestrial) and includes wild mammals, reptiles, amphibians and aquatic and non-aquatic invertebrate animals, and all such wild animals' eggs, larvae, pupae or other immature stage and young;”,

• (g) by the insertion, in the definition of “flora”, of “, aquaculture, forestry” after “agriculture” and of “conifers,” after “flowering plants,”, and the said definition, as so amended, is set out in the Table to this section,

• (h) by the insertion of the following after the definition of “foreshore”:

“‘fossil’ includes the remains or imprints, in whole or in part, of animals, plants or any other organisms of uncertain affinity, or of their activities, which are preserved in rocks or deposits at the surface, or beneath the surface, of land;”,

• (i) by the insertion of the following after the interpretation given to “functions”:

“‘geology’ includes—

• (a) the study of the Earth (as a whole or in part), the materials of which it is made, the processes that act and have acted upon those materials and the products and structures formed by such action, and

• (b) the physical and biological history of the Earth since its origin including the history of rock sequences as well as the history of life preserved as fossils in rocks and deposits at the surface, or in layers beneath the surface, of land;

‘geomorphology’ includes the configuration of the Earth's surface and its particular landforms generated by natural processes, such as cliffs, eskers, drumlins, caves, turloughs or other features of the landscape formed by natural processes;

‘habitat’ includes—

• (a) the abode or natural home and the locality thereto of—

  • (i) a particular species or population of a particular species, at any stage of life, or

  • (ii) a community of organisms.

• (b) a distinctive type of terrain, site or location, distinguished by physical, geographical, vegetational or other features;

• (c) a specific locality where a particular fossil, mineral, geological or geomorphological feature is to be found;”,

• (j) in the definition of “hunt”, by the deletion of all words from “but does not in this Act include” down to “photographic or other pictures,”, and the said definition, as so amended, is set out in the Table to this section,

• (k) by the insertion of the following after the definition of “hunt”:

“‘import’, where the context so admits, includes reimport and cognate words shall be construed accordingly;”,

• (l) by the insertion of the following after the definition of “local authority”:

“‘mechanically-propelled vehicle’ has the same meaning as it has in the Road Traffic Act 1961;

‘mineral’ includes any naturally occurring organic or inorganic element or chemical compound of set composition, internal structure and physical properties and occurring generally, but not always, in crystal form;”,

• (m) by the insertion of the following after the definition of “the Minister”:

“‘natural heritage area’ means an area which is worthy of conservation for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes;

‘natural heritage area order’ means an order made under section 18 of the Wildlife (Amendment) Act 2000;

‘nature reserve’ means an area managed primarily for conservation of one or more species, communities, habitats or for any feature of geological, geomorphological or other natural interest which is provided for by the Minister in accordance with the Wildlife Acts, 1976 and 2000;”,

• (n) by the insertion of the following after the definition of “ornithology” (inserted by the Regulations of 1985):

“‘orphaned’, in relation to any wild bird or any wild animal, includes a dependant young wild bird or dependant young wild animal which has been abandoned and which, in the circumstances, would be unlikely to survive unaided in the wild;”,

• (o) by the substitution of the following for the interpretation given to “species”:

“‘species’ means any species, except man, and includes subspecies and varieties, hybrids and populations thereof;”,

• (p) by the insertion of the following after the definition of “the territorial seas of the State”:

“‘wild animal’ includes an individual of a population which primarily lives independent of human husbandry but does not include—

• (a) wild birds, or

• (b) species of fish or aquatic invertebrate animals (or their eggs or spawn or other immature stage or brood or young) which are of a species specified in regulations made by the Minister with the prior consent of the Minister for the Marine and Natural Resources under section 32 of the Wildlife (Amendment) Act 2000;”,

• (q) in the definition of “wild bird”, by the insertion of “eggs and” after “includes the”, and the said definition, as so amended, is set out in the Table to this section.

• (2) Section 2 of the Principal Act is hereby amended by the substitution of the following for subsection (3):

• “(3) For the purposes of this Act the business of wildlife dealing means the business of buying for resale any wild birds or wild animals whether alive or dead, or any part, product or derivative of such birds or animals and includes engaging in taxidermy in respect of such birds or animals.”.

TABLE

“falconry” means hunting by means of birds of the orders Accipitriformes, Falconiformes and Strigiformes which are trained to hawk for sport;

“flora” means all plants (both aquatic and terrestrial) which occur in the wild (whether within or outside the State) and are not trees, shrubs or other plants being grown in the course of agriculture, aquaculture, forestry or horticulture and includes in particular lichens, mosses, liverworts, fungi, algae and vascular plants, namely flowering plants, conifers, ferns and fern allied plants and any community of such plants;

“hunt” means stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs, and, except in sections 28 and 29 of this Act, includes killing in the course of hunting and kindred words shall be construed accordingly;

“wild bird” includes the eggs and unflown young of a wild bird;

7. Amendment of section 8 (regulations and orders) of Principal Act.

7.—Section 8 of the Principal Act is hereby amended by the insertion of the following after subsection (1):

• “(1A) The Minister may make such regulations as appear to the Minister to be necessary or expedient to implement the provisions of the Wildlife Acts, 1976 and 2000.

• (1B) Any regulation made by the Minister under this Act may contain such incidental or consequential provisions as appear to the Minister to be necessary or expedient for the purpose of implementing the provisions of the Wildlife Acts, 1976 and 2000.”.

8. Licences.

8.—The Principal Act is hereby amended by the substitution of the following for section 9:

“9.—(1) The Minister may—

• (a) attach conditions to any licence granted or permit issued for any of the purposes of the Wildlife Acts, 1976 and 2000,

• (b) vary such conditions, and

• (c) revoke any such licence other than a licence granted by the Minister under section 29 of the Principal Act or withdraw any such permit.

• (2) Subject to section 32(5) of this Act, a licence granted or a permit issued by the Minister under the Wildlife Acts, 1976 and 2000, shall, if so expressed, operate to authorise the doing by any person who is of a class or description specified in the licence or permit of—

  • (a) anything allowed to be done by the licence or permit, or

  • (b) anything which is a thing so allowed to be done and is of a class or description so specified.

• (3) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted or permits issued by the Minister under the Wildlife Acts, 1976 and 2000, and different fees may be prescribed for different classes of licences or permits.

• (4) Regulations prescribing matters to which this section relates may provide for such incidental or related matters as are, in the opinion of the Minister, necessary to give effect to such fees.”.

9. Amendment of section 11 (functions of Minister in relation to wildlife) of Principal Act.

9.—Section 11 of the Principal Act is hereby amended—

• (a) in subsection (1), by the insertion of “and to promote the conservation of biological diversity” after “wildlife” and the said subsection (1), as so amended, is set out in the Table to this section, and

• (b) by the insertion of the following after subsection (4):

• “(5) In this section ‘biological diversity’ means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part and ‘diversity’ includes diversity within species, between species and of ecosystems.”.

TABLE

• (1) It shall be a function of the Minister to secure the conservation of wildlife and to promote the conservation of biological diversity.

PART III Land and Waters

Chapter I Acquisition of Land and Rights

10. Arbitrator.

10.—(1) Where the Minister intends to make an order under section 12 or 13, the Minister shall appoint a person, who shall be a barrister or a solicitor of not less than 7 years standing, to be an Arbitrator for the purposes of hearing and determining the matter.

• (2) In hearing and determining a matter the Arbitrator shall perform the functions assigned to him or her by section 12 or, in the case of a matter to which section 13 relates, by section 12 as applied by section 13(2).

• (3) The Arbitrator shall be paid such remuneration (if any) and allowances for expenses incurred by him or her as the Minister, with the consent of the Minister for Finance, may determine.

11. Acquisition of land and rights by agreement.

11.—(1) Where the Minister considers it desirable for the purposes of the Wildlife Acts, 1976 and 2000, to acquire or take on lease any land or interest in land, the Minister may, with the consent of the Minister for Finance, purchase or take on lease or otherwise acquire such land by agreement.

• (2) The Minister may with the consent of the Minister for Finance—

• (a) sell or let any land vested in the Minister in connection with functions under the Wildlife Acts, 1976 and 2000, or

• (b) exchange any such land for any other land, or

• (c) otherwise dispose of any such land,

and such consent may be given—

• (i) generally, including to a particular class or classes of transaction, for all or a class or classes of land so vested or for transactions not exceeding a particular monetary amount, or

• (ii) particularly to a particular transaction or group of related transactions.

• (3)
• (a) Notwithstanding subsection (1) and without prejudice to the generality of subsection (2), the Minister may, with the consent of the Minister for Finance, construct, alter, demolish, purchase or take on lease any buildings or other structures or carry out any development required in connection with the exercise of the Minister's functions under the Wildlife Acts, 1976 and 2000, and such consent may be given—

• (i) generally, including to a particular class or classes of transaction, for all or a class or classes of land so vested or for transactions not exceeding a particular monetary amount, or

• (ii) particularly to a particular transaction or group of related transactions.

• (b) For the purposes of paragraph (a), the reference to buildings or other structures and to development in that paragraph includes any land reasonably required for use with the building or structure concerned or for the development concerned.

12. Creation of rights of way.

12.—(1) Where the Minister requires, in connection with any land held by the Minister, for the purposes of the Wildlife Acts, 1976 and 2000, or partly for those purposes, a right of way by a particular route over any other land, the Minister may make an order (in this section referred to as “a right of way order”) creating such a right of way.

• (2) Where the Minister proposes to make an order under subsection (1), the following provisions shall apply:

• (a) the Minister shall as soon as may be give notice in writing of his or her intention to make the order to the Arbitrator who shall cause to be published a notice of the Minister's intention in such newspapers and in such manner as the Arbitrator shall determine;

• (b) the Minister shall give notice in writing of his or her intention to make the order to—

• (i) every occupier of the land concerned,

• (ii) every owner of the land concerned, and

• (iii) every other person having a legal or equitable interest in the land,

where it is proposed to create the right of way;

• (c) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this subsection by the Arbitrator;

• (d) the Arbitrator shall not determine an application under this subsection by the Minister before the expiration of the period of 30 days beginning on the day on which the relevant notice is published pursuant to this subsection or, in case such publication is made on different days, the day of the first such publication;

• (e) any one or more of the following may, within the said period of 30 days or such longer period as the Arbitrator may determine, who objects to the making of the order serve on the Minister a notice of his or her intention to make an application to the Arbitrator in relation to the proposed order, namely:

• (i) every occupier of the land concerned,

• (ii) every owner of the land concerned,

• (iii) every other person having a legal or equitable interest in the land,

where it is proposed to create the right of way;

• (f) in case a notice is served on the Minister pursuant to this section the Arbitrator shall, before deciding whether or not to approve of the proposed order, give the person by whom the notice was served an opportunity of being heard, either in person or through counsel or a solicitor;

• (g) the Arbitrator may, in determining the matter, approve of the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his or her approval to the draft.

• (3) If, in relation to the making of an order under this section, the Arbitrator is satisfied after diligent inquiry that a person to whom notice is required by subsection (2)(b) to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained.

• (4) Where, in relation to a proposed right of way, the Minister proposes that, in making the order under this section, the right of way, if created, is to be expressed as including and operating to confer on the Minister the power to permit either or both—

• (a) the public generally, and

• (b) any particular class of the public which may stand specified from time to time by the Minister,

to pass and repass at all times or at such times as the Minister may permit, and with or without vehicles or animals as the Minister may so specify, over the land over which the right of way will be exercisable, the following shall have effect:

• (i) the Minister shall refer to the proposal in any notice given under this section, and

• (ii) if the Arbitrator decides to allow the proposal in whole or in part, the order made shall be so expressed and shall operate accordingly.

• (5) Any person who has an interest in or over land specified in a notice published pursuant to this section shall be entitled to be paid compensation by the Minister in respect of any diminution in the value of his or her interest in or over the land consequent upon the making of the order to which the notice relates and—

• (a) the amount of any compensation to be paid under this subsection shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section and that order shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section,

• (b) sections 69 to 83 of the Lands Clauses Consolidation Act 1845, shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking, and

• (c) where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act 1845, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.

13. Extinguishment of easements.

13.—(1) Where any land held by the Minister for the purposes of either or both the Principal Act and this Act or partly for any of those purposes is subject to any easements, the Minister may, whenever the Minister thinks proper, make an order (in this section referred to as an “extinguishment order”) extinguishing such easements or any one or more of them.

• (2) The provisions of section 12 shall, with any necessary modifications, apply in relation to any extinguishment order proposed to be made by the Minister under subsection (1) in the same manner as if the Minister were creating a right of way over such land under that section.

• (3) In this section, the word “easement” includes any profit á prendre or other right in or over land.

14. Amendment of section 55 (land purchase orders) of Principal Act.

14.—Section 55 of the Principal Act is hereby amended—

• (a) by the substitution of the following for paragraph (b) of subsection (2):

• “(b) the purpose for which the Minister proposes to use the land is a purpose of the Wildlife Acts, 1976 and 2000, and”,

and

• (b) by the substitution of the following for subsection (8):

• “(8)

  • (a) Compensation payable by the Minister pursuand to subsection (7) of this section shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section and the order under this section shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section.

  • (b) Sections 69 to 83 of the Lands Clauses Consolidation Act 1845, shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.

  • (c) Where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act 1845, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.”.

Chapter II Natural Heritage Areas

15. Interpretation

15.—In this Chapter—

“user” has the meaning assigned by section 19(1)(a)(ii);

“works” includes any activity which destroys or which significantly alters, damages or interferes with the integrity of—

• (a) a site, or

• (b) any of its species, communities or habitats,

either intentionally or unintentionally, or any activity which has a significant impact on the site or on any of its species, communities or habitats, or on its landforms or geological or geomorphological features, or on its diversity of natural attributes, other than development by a local authority or development which is not exempted development for the purposes of the Planning and Development Act 2000.

16. Intention to designate natural heritage areas.

16.—F1[(1) Where the Minister is of the opinion, having regard to subsection (6)(a), that any land forms, or is part of, a natural heritage area, or, is satisfied under section 18A(4)(a) that a natural heritage area order should be made, the Minister shall publish or cause to be published in Iris Oifigiúil, in a national newspaper, in at least one newspaper circulating in the locality in which the land is situate, and on the website of his or her Department, a notice in the prescribed form of the Minister’s intention to make an order designating the land as a natural heritage area.]

• F2[(1A) The Minister shall cause a copy of the notice published under subsection (1) to be sent to the Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas to examine matters and make recommendations in relation to natural heritage.]

• (2) Before the publication of a notice in accordance with subsection (1), the Minister shall—

• F3[(a) seek the observations of such other Minister of the Government as the Minister considers appropriate in the circumstances, the Commissioners and any planning authority in whose functional area the land is situate, and]

• (b) serve on the owner or occupier of such land and any holder of a valid prospecting licence or exploration licence duly issued under any enactment which relates to such land notice of the proposed particulars to be contained in the order the Minister proposes to make.

• (3) A notice served under subsection (2)(b) shall—

• (a) be accompanied by a map of an appropriate scale in the circumstances issued by or under the superintendence of the Ordnance Survey Office, upon which is marked, so as to identify clearly, the land to which the notice relates and the boundaries thereof,

• (b) outline the reason the site is of special scientific interest and indicate the works which the Minister considers would be liable to destroy or to significantly alter, damage or interfere with the integrity of the proposed natural heritage area,

• (c) indicate the protective measures the Minister proposes to include in the proposed order for the protection of the natural heritage area, and

• (d) indicate the procedures by which a person may object.

• (4) The Minister may amend a notice served under subsection (2)(b) in respect of any of the matters mentioned in paragraphs (a) (b) and (c) of subsection (3), and where the Minister is of the opinion that any notice published under subsection (1), observation sought under subsection (2)(a) or notice served under subsection (2)(b) is materially affected by an amendment under this subsection, the Minister shall, in relation to the amendment, publish or cause to be published a notice under subsection (1) or bring it or cause it to be brought to the attention of any person so affected and to whom paragraph (a) or (b) of subsection (2) relates.

• (5) Notwithstanding section 3(1)(d) of the Principal Act, where the address of any person to whom subsection (2)(b) relates cannot be found after reasonable inquiry, notices and maps showing the areas to be designated shall be displayed in a conspicuous place—

• (a) at one or more Garda Síochána stations, local offices of the Department of Social, Community and Family Affairs, local authority offices, local offices of the Department of Agriculture, Food and Rural Development and offices of Teagasc, which are situated within or contiguous to the area to be designated, or

• (b) where in any case there is no such station or office so located, at one or more of each such station or office within the vicinity or closest to such area,

and advertisements shall be broadcast on at least one radio station broadcasting in the locality of the area concerned and be placed in at least one newspaper circulating in the area, and every such notice and advertisement shall request any person affected by the proposed designation to contact the Department of Arts, Heritage, Gaeltacht and the Islands.

F4[(6)(a) The Minister, in publishing or causing to be published a notice under subsection (1), shall have regard to whether, on the basis of the scientific advice available to the Minister at a particular time, the area is worthy of conservation by virtue of

• (i) its special scientific interest for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes, or

• (ii) in light of the requirements of the Birds Directive and the Habitats Directive:

• (I) the features of its landscape which are of major importance for wild flora and fauna including birds, which include those features which by reason of:

• (A) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

• (B) their function as stepping stones, such as ponds or small woods,

are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive, or

• (II) its importance for the maintenance of the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or for adapting the population of these species to that level, or

• (iii) its importance for the preservation, maintenance or re-establishment of a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular for—

• (I) the creation of European Sites, or

• (II) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or

• (III) the re-establishment of destroyed biotopes, and

• (IV) the creation of biotopes.

• (b) The scientific advice referred to in paragraph (a) shall take account of, as appropriate, the size of the site, its location, the type of natural feature or features contained in it, F2[its role in carbon sequestration or pollination,] its importance for the purposes of the Birds Directive and the Habitats Directive and the degree of negative, or potentially negative, human impact.]

• (7) Not later than 3 months after publication in the Iris Oifigiúil of a notice pursuant to subsection (1), a person on whom a notice is served under subsection (2)(b) or pursuant to any amendment to such notice or any person claiming to have or to be entitled to an interest in or over the land or part thereof may object on scientific grounds to the making of the order in the manner specified in the notice.

17. Decision not to make natural heritage area order.

17.—(1) Where the Minister decides, after publication in the Iris Oifigiúil of a notice pursuant to section 16, not to make a natural heritage area order relating to the lands concerned, every person on whom that notice was served under subsection (2)(b) of that section shall be informed accordingly by the Minister.

• (2) The Minister shall, when informing a person under subsection (1), state the scientific grounds on which the decision was made.

18. Natural heritage area order.

18.—(1) The Minister shall, after considering any objections duly made in relation to the notice served under subsection (2)(b) of section 16 or pursuant to any amendment to such notice and if the Minister thinks fit, make in relation to the land specified in the notice published pursuant to that section or any part of such land, an order (in this Act referred to as a “natural heritage area order”) designating that land, or any part thereof, a natural heritage area and the order may include such provisions as the Minister thinks fit which relate to protective measures so specified.

• (2) The Minister shall cause a copy of every natural heritage area order to be sent to every person to whom section 16(2) relates in respect of the land concerned.

• (3) The Minister may, subject to subsection (4), by order amend any provision of a natural heritage area order, including the delineation of the boundaries, or revoke a natural heritage area order if the site concerned no longer retains its scientific value.

• (4) Where the Minister proposes to amend or revoke F5[, under this section,] a natural heritage area order—

• (a) the Minister shall publish, or cause to be published, in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land to which the order applies is situate a notice of the Minister's intention to do so, and

• (b) the provisions of subsections (2), (4) and (5) of section 16 shall apply to a proposed amendment or revocation under this section of a natural heritage area order as if references in those subsections to subsection (1) of section 16 were references to paragraph (a) and with any other necessary modifications.

18A. F6[Review of bog habitats

18A.—(1) The Minister—

• (a) shall continue to conduct and complete the review of raised bog habitats, known for the time being as the 2014 Review of Raised Bog Natural Heritage Area Network, and

• (b) subject to subsection (5), may conduct one or more than one review of a natural heritage area (other than a natural heritage area falling to be reviewed under paragraph (a)).

• (2) The purposes of a review under subsection (1) include:

• (a) contributing to the achievement of nature conservation objectives of maintaining bog habitats at or restoring bog habitats to a favourable conservation status;

• (b) contributing to the carbon sequestration potential of bog habitats;

• (c) contributing to actions, relevant to bog habitats, contained in a national plan or a plan for the island of Ireland, concerning the reversal of pollinator decline;

• (d) selecting the most suitable bog habitats—

• (i) to be designated as natural heritage areas having regard to—

• (I) all of the matters to which the Minister is required to have regard under section 16(6),

• (II) national, regional and local economic, social and cultural needs,

• (III) facilities and projects which can be of significant benefit to a community, and

• (IV) projects which relate to strategic infrastructure development, within the meaning of the Planning and Development Act 2000,

or

• (ii) to cease to be designated as natural heritage areas having regard to—

• (I) environmental criteria,

• (II) restoration potential,

• (III) national, regional and local economic, social and cultural needs,

• (IV) facilities and projects which can be of significant benefit to a community, and

• (V) projects which relate to strategic infrastructure development, within the meaning of the Planning and Development Act 2000.

• (3) The Minister shall, in relation to the effects on the environment of the proposals arising from a review under subsection (1)—

• (a) carry out an assessment, including public consultation, under the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), and

• (b) if it is required, carry out any other—

• (i) screening for an assessment, or

• (ii) as the case may be, assessment, including public consultation.

• (4) Having, on the completion of a review under subsection (1), considered the proposals arising from the review and had regard to the assessment and observations or submissions received during the public consultation under subsection (3)(a) and any screening for assessment or, as the case may be, assessment and observations or submissions received during a public consultation under subsection (3)(b), the Minister shall do one or more of the following:

• (a) where he or she is satisfied that a natural heritage area order should be made, publish under section 16 a notice of his or her intention to make the natural heritage area order;

• (b) notwithstanding section 18(3), where he or she is satisfied that land should cease to be designated as a natural heritage area, make an order to amend or revoke the natural heritage area order which so designated the land.

• (5)
• (a) Subject to subsection (6), before the Minister makes an order under subsection (4)(b) relating to a natural heritage area containing a blanket bog habitat, he or she shall, for the purposes referred to in subsection (2), conduct a review of blanket bog habitats.

• (b) The review conducted under paragraph (a) shall include designated blanket bog natural heritage areas and other blanket bog natural heritage areas as the Minister considers necessary.

• (6) Subsection (5) shall not apply to a natural heritage area, whether or not a designated natural heritage area, falling to be reviewed under the review referred to in subsection (1)(a).

• (7) Where the Minister makes an order under subsection (4)(b), he or she shall—

• (a) inform the public of the making of the order by publishing or causing to be published a notice of the making of the order in Iris Oifigiúil, in a national newspaper, in at least one newspaper circulating in the locality in which the land to which the order applies is situate and on the website of his or her Department, and

• (b) cause a copy of the order to be sent to—

• (i) the owner or occupier of land which ceases to be designated as a natural heritage area by virtue of the order,

• (ii) the holder of a valid prospecting or exploration licence duly issued under any enactment which relates to such land,

• (iii) the Minister for Agriculture, Food and the Marine,

• (iv) F7[…]

• (v) any other Minister of the Government that the Minister considers appropriate,

• (vi) the Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas to examine matters and make recommendations in relation to natural heritage,

• (vii) the Commissioners of Public Works in Ireland,(viii) any planning authority in whose functional area the land is situate,(ix) an Bord Pleanála, and

• (x) the Environmental Protection Agency.

• (8) Section 19(2) shall not apply to any land or part of land, in respect of which a notice has been served under section 16(2)(b), which land or part of land ceases to be designated as a natural heritage area by virtue of the amendment or revocation of the natural heritage area order under subsection (4)(b).

• (9) In this section—

"bog habitat" means a habitat within the meaning of section 2 of the Principal Act that contains bog and, other than for the purposes of—

• (a) publishing a notice under subsection (4)(a), and

• (b) making an order under subsection (4)(b),

includes a candidate special area of conservation or a special area of conservation, within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), that contains bog;

"environmental criteria"—

• (a) in so far as it relates to a raised bog, means the conservation value of the raised bog taking into account a comparison made between the area, range, habitat, structure, function and ecological features of that raised bog and those of one or more than one other raised bog that is not or are not situated in a candidate special area of conservation or a special area of conservation, and

• (b) in so far as it relates to a blanket bog, means the conservation value of the blanket bog taking into account a comparison made between the area, range, habitat, structure, function and ecological features of that blanket bog and those of one or more than one other blanket bog that is not or are not situated in a candidate special area of conservation or a special area of conservation;

"favourable conservation status" means the conservation status of a bog habitat when—

• (a) its natural range and the areas it covers within that range are stable or increasing,

• (b) the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and

• (c) the conservation status of its typical species is favourable;

"restoration potential" means both the potential for a bog to be restored to a favourable conservation condition, and the likelihood that measures taken to that end will be effective.]

19. Restriction on carrying out certain works.

19.—(1) Where there is a subsisting natural heritage area order in respect of any land, no person shall carry out, or cause or permit to be carried out, on that land any works specified in the order or any works which are liable to destroy or to significantly alter, damage or interfere with the features by reason of which the designation order was made unless—

• (a) (i) the owner or occupier of that land has given to the Minister notice in writing of his or her intention to carry out the works specifying the nature of the works and the land, or part thereof, on which it is proposed to carry them out, or

• (ii) where the consent of the owner or occupier of that land is not required, the person who is to carry out or cause to be carried out the works (in this Chapter referred to as “the user”) has applied in writing to the Minister for permission to carry out the works,

and

• (b) (i) the works are carried out with the consent in writing of the Minister, or

• (ii) the works are carried out in accordance with the terms of an agreement under section 11 or 18 of the Principal Act, or

• (iii) 6 months have expired from the date of the notice under paragraph (a) and the Minister has not refused consent in writing to the works being carried out.

• (2) Notwithstanding subsection (1), where a notice has been served under section 16(2)(b) in respect of any land, no person shall carry out, or cause or permit to be carried out, on that land any works specified in that notice, being works which are liable to destroy or to significantly alter, damage, or interfere with the features by reason of which the notice was served, without giving the Minister not less than 3 months' prior notice in writing of his or her intention to carry out such works.

• (3) Where the Minister is satisfied that the carrying out of the works are necessary for imperative reasons of overriding public interest, which interest may be of a social or economic nature, and, in the absence of an alternative and viable solution, the Minister may decide to give the owner, occupier or user consent to undertake the works.

• (4) Where the Minister decides to give consent to the carrying out of works to which subsection (1) relates, the Minister may—

• (a) attach such conditions to the consent as the Minister deems appropriate, or

• (b) at any time vary such conditions as the Minister deems appropriate, or

• (c) revoke such consent to works if in the opinion of the Minister the conditions attached to such consent have been breached, or the continuation of such consent would be liable to destroy, or significantly alter, damage or interfere with the features by reason of which the designation order was made,

and the Minister shall communicate in writing his or her decision to the person concerned (being the owner, occupier or user of the land concerned).

• (5) Where the Minister decides to give consent to the carrying out of works to which subsection (3) relates, the Minister may—

• (a) attach such conditions to the consent as the Minister deems appropriate, or

• (b) at any time vary such conditions as the Minister deems appropriate, or

• (c) revoke such consent to works if in the opinion of the Minister the conditions attached to such consent have been breached,

and the Minister shall communicate in writing his or her decision to the person concerned (being the owner, occupier or user of the land concerned).

• (6) Where the Minister decides to refuse to give consent to the carrying out of works in respect of which subsection (1) relates, the Minister shall give his or her reasons in writing to the person concerned (being the owner, occupier or user of the land concerned).

• (7)
• (a) Where the Minister decides—

• (i) to refuse to give consent to the carrying out of works in respect of which subsection (1) relates, or

• (ii) to give such consent subject to conditions, or

• (iii) to vary such conditions, or

• (iv) to revoke such consent to the carrying out of works,

then, the person concerned (being the owner, occupier or user of the land concerned) may, not later than 30 days after the day on which the decision is given by the Minister, serve notice of appeal on the Minister against that decision.

• (b) Where in circumstances to which paragraph (a) relates, the Minister shall appoint a person, who shall be a barrister or a solicitor of not less than 7 years standing, to be an arbitrator for the purposes of hearing and determining the appeal and, where the arbitrator makes a determination in relation to an appeal under subsection (7) (a), the Minister shall act in accordance with such determination.

• (c) An arbitrator appointed under paragraph (b) shall be paid such remuneration (if any) and allowances for expenses incurred by him or her as the Minister, with the consent of the Minister for Finance, may determine.

• (8) Where the Minister has entered into negotiations with an owner or occupier to—

• (a) acquire land or possession thereof to which a natural heritage area order relates, or

• (b) enter an agreement under section 18 of the Principal Act in respect of the land,

and such negotiations have not concluded by the expiration of the period mentioned in subsection (1) (b) (iii), the Minister may extend that period by a further period and when so extended the Minister shall inform the owner or occupier as the case may be.

• (9) A person who contravenes subsection (1) or (2) shall be guilty of an offence.

19A. F8[Environmental impact assessment of certain proposals relating to peat extraction.

19A.—(1) Where notice is given to the Minister under section 19(1)(a)(i) or an application is made to the Minister under section 19(1)(a)(ii) for permission to carry out works and the following circumstances apply:

• (a) the Minister has not refused consent, and

• (b) the works would be of a class of development for the time being specified under paragraph 2(a) of Part II of the First Schedule to the European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989) (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999)), or under any provision amending or replacing that provision, but for not exceeding the area for the time being specified in relation to that class, and

• (c) the Minister considers, having regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations 1989 (as inserted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999), or under any provision amending or replacing the said article 27, that the said works would be likely to have significant effects on the environment,

the Minister shall inform the owner, occupier or user, as the case may be, in writing that they are required to submit an environmental impact statement in respect of such works.

• (2) An environmental impact statement shall contain the information for the time being specified under article 25 of the European Communities (Environmental Impact Assessment) Regulations 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998)), or under any provision amending or replacing the said article 25.

• (3)
• (a) If a person, before submitting an environmental impact statement in accordance with a requirement of this section, so requests, the Minister shall, after consulting the person who made the request, the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, give a written opinion on the information to be contained in such statement.

• (b) A request under paragraph (a) for a written opinion on the information to be contained in an environmental impact statement shall state—

• (i) the name and address, and telephone number and e-mail address, if any, of the person making the request and of the person, if any, acting on behalf of the person making the request,

• (ii) the location, townland or postal address of the land to which the request relates,and

• (iii) a brief description of the nature of the proposed works and of their possible effects on the environment.

• (c) Where the Minister considers that he or she has insufficient information to enable him or her to give a written opinion pursuant to a request, he or she shall, by notice in writing, require the person making the request to provide, within a specified period, such further information as he or she considers necessary.

• (d) The Minister shall, in dealing with a request for a written opinion, have regard to—

• (i) the information required to be contained in an environmental impact statement in accordance with subsection (2),

• (ii) any information provided under paragraph (b) or any further information provided under paragraph (c), and

• (iii) any consultations under paragraph (a).

• (e) A written opinion shall indicate the extent to which the information specified in paragraph 2 of the Second Schedule to the European Communities (Environmental Impact Assessment) Regulations 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999), or in any provision amending or replacing the said paragraph, should be contained in the environmental impact statement.

• (f) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Minister of his or her powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of the proposed works.

• (4)
• (a) At the request of a person intending to carry out works, the Minister may, where he or she is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, grant in respect of proposed works an exemption from a requirement under this section to prepare an environmental impact statement, except that no exemption may be granted in respect of proposed works if another Member State of the European Communities, having been informed about the proposed works and their likely effects on the environment in that State, has indicated that it intends to furnish views on those effects.

• (b) The Minister shall, in granting an exemption under paragraph (a), consider whether—

• (i) the effects, if any, of the proposed works on the environment should be assessed in some other manner, and

• (ii) the information arising from the assessment should be made available to the public,

and the Minister may apply such requirements regarding these matters as he or she considers necessary or appropriate.

• (c) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption and of any requirements applied under paragraph (b) shall, as soon as may be,—

• (i) be published in Iris Oifigiúil and in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, and

• (ii) be given, together with a copy of the information, if any, made available to the public in accordance with paragraph (b), to the Commission of the European Communities.]

19B. F9[Procedure in regard to submission of EIS.

19B.—(1) Where a person is required to submit an environmental impact statement in accordance with a requirement of section 19A, the person shall, not more than 2 weeks before submitting the environmental impact statement, publish notice of his or her intention to submit the environmental impact statement in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate.

• (2) A notice under subsection (1) shall state—

• (a) the name of the person required to submit the environmental impact statement,

• (b) the location, townland or postal address of the land to which the proposed works relate,

• (c) the nature and extent of the proposed works,

• (d) that, following a requirement of the Minister, an environmental impact statement will be submitted to the Minister in respect of the proposed works,

• (e) that the environmental impact statement will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and

• (f) that submissions or observations in relation to the environmental impact statement may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.

• (3) An environmental impact statement submitted pursuant to a requirement of section 19A shall be accompanied by a copy of the relevant page of the newspaper in which a notice under subsection (1) was published.

• (4) Where it appears to the Minister that a notice published under subsection (1)—

• (a) does not comply with any of the requirements of subsections (1) or (2), or

• (b) because of its content or for any other reason, is misleading or inadequate for the information of the public,

the Minister shall require the person concerned to give such further notice in such manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.

• (5) An environmental impact statement submitted pursuant to a requirement of section 19A shall be made available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify.

• (6) Where the Minister receives an environmental impact statement in accordance with a requirement of section 19A he or she shall, as soon as may be following receipt of the environmental impact statement, send a copy of the environmental impact statement to the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, and shall indicate that a submission or observation in relation to the effects on the environment of the proposed works may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.

• (7) The Minister shall consider whether an environmental impact statement submitted in accordance with a requirement of section 19A complies with subsection (2) of that section or, where the Minister has given a written opinion under subsection (3) of that section, he or she shall consider whether the environmental impact statement complies with the said opinion.

• (8) Where the Minister decides that an environmental impact statement does not comply with subsection (2) of section 19A or any relevant written opinion given by the Minister under subsection (3) of that section, as appropriate, he or she shall require the person who submitted the environmental impact statement to submit such further information as may be necessary to comply with the relevant subsection.

• (9) The Minister shall, where he or she considers that further information furnished in accordance with a requirement under subsection (8) contains significant additional data in relation to the effects on the environment of the proposed works, as soon as may be following receipt of the further information,—

• (a) send notice and a copy of the further information to any person or body consulted under subsection (6) indicating that a submission or observation in relation to the further information may be made in writing to the Minister within a specified period, and

• (b) notify any person who made a submission or observation in relation to the proposed works—

• (i) that significant further information in relation to the proposed works has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and

• (ii) that a submission or observation in relation to the further information received may be made in writing to the Minister within a specified period,

and

• (c) require the person intending to carry out the proposed works to publish a notice in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, stating—

• (i) the name of the person intending to carry out the proposed works,

• (ii) the location, townland or postal address of the land to which the proposed works relate,

• (iii) that significant further information in relation to the proposed works has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and

• (iv) that a submission or observation in relation to the further information may be made in writing to the Minister within a period specified by the Minister.

• (10) Where it appears to the Minister that a notice published in accordance with subsection (9)(c) does not adequately inform the public, the Minister shall require the person who published the notice to give such further notice in such a manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.]

19C. F10[Minister to have regard to certain matters.

19C.—Where an environmental impact statement has been submitted in accordance with a requirement of section 19A, the Minister shall, when making his or her decision under section 19, have regard to the said statement, to any further information furnished in accordance with subsection (8) of section 19B, to any submissions or observations, made in accordance with section 19B, in relation to the effects on the environment of the proposed works, and to the views, if any, furnished by other Member States of the European Communities pursuant to section 19D.]

19D. F11[Consultation with other Member States of European Communities.

19D.—(1) Where the Minister considers that proposed works, which are the subject of an environmental impact statement in accordance with a requirement of section 19A, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said works would be likely to have such effects and so requests, he or she shall, as soon as possible, send to that other Member State:—

• (a) a description of the proposed works and any available information on their possible effects on the environment in that Member State, and

• (b) relevant information about the procedure for making a decision in respect of the proposed works,

and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.

• (2) Where a Member State of the European Communities which has received information pursuant to subsection (1) indicates that it wishes to furnish views on the likely effects on the environment of the proposed works, the Minister shall send to that Member State—

• (a) if he or she has not already done so, a copy of the environmental impact statement, and

• (b) any further relevant information about the procedure for making a decision in respect of the proposed works.

• (3) The Minister shall enter into consultations with a Member State of the European Communities, which has, in accordance with subsection (2), indicated that it wishes to furnish views on the likely effects on the environment of the proposed works, regarding the potential effects of the proposed works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

• (4) The Minister shall notify a Member State of the European Communities with whom consultations took place under subsection (3) of his or her decision in respect of the proposed works.]

19E. F12[Public notice of Minister's decision.

19E.—The Minister shall, as soon as may be following the making of a decision in relation to proposed works in respect of which an environmental impact statement was submitted in accordance with a requirement of section 19A,—

• (a) publish notice of the decision in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, and

• (b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him or her.]

20. Prohibition of works on lands in natural heritage areas.

20.—(1) Where the Minister considers that works to which section 16(3)(b) relates are being carried out or are proposed to be carried out on land which, in the opinion of the Minister, comprises or forms part of a natural heritage area and is the subject of a notice served under section 16(2)(b), the Minister may make an application to a court of competent jurisdiction to prohibit the continuance of the works pending a completion of the procedures provided for by section 16.

• (2) Where the Minister considers that works are being carried out or are proposed to be carried out on land comprising or forming part of a natural heritage area in contravention of any provision in a natural heritage area order, the Minister may make an application to a court of competent jurisdiction to prohibit the continuance of the works.

• (3) Where works are being carried out that are not within an area to which subsection (1) or (2) relates but are liable to have an adverse effect on the integrity of such area, the Minister may make an application to a court of competent jurisdiction for an order to prohibit—

• (a) in a case to which subsection (1) relates, the continuance of the works pending the completion of the procedures provided for by section 16,

• (b) in a case to which subsection (2) relates, the continuance of the works.

• (4) An application to a court of competent jurisdiction for an order under this section shall be in a summary manner and the court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate.

• (5) In this section, “court of competent jurisdiction” means either a Judge of the Circuit Court within whose circuit the lands or any part of the lands are situated or the High Court.

21. Restoration of land in natural heritage area.

21.—(1) Where works have been carried out on land, designated as a natural heritage area under section 18, or where works have been carried out on land which at the time of the carrying out of such works was the subject of a notice served under section 16(2) (b) and which was subsequently designated as a natural heritage area, the Minister may, by direction issued in writing, require the owner, occupier, or user of the land which is so designated, or the person who carried out or caused to be carried out the works, to restore the land in accordance with the direction.

• (2) Every direction shall specify the period within which the land concerned is to be restored.

• (3) If, within the period specified in a direction under this section or within such extended period as the Minister may allow, any steps required by the direction to be taken have not been taken, the Minister may take such action as the Minister considers necessary, including authorising a person to enter on the land and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person to whom the direction was made any expenses reasonably incurred by the Minister in that behalf.

• (4)
• (a) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence.

• (b) Any person who by act or omission impedes or obstructs an authorised person entering on land for the purposes of carrying out any required works under this section shall be guilty of an offence.

22. Compensation.

22.—(1) Where the Minister refuses consent to works under section 19, the Minister shall, save for the reasons set out in subsections (5) and (6), pay to the owner or occupier or user as the case may be by way of compensation an amount equal to the loss suffered by the owner, occupier or user by the depreciation of an interest in the land to which he or she is entitled.

• (2)
• (a) The amount of compensation payable by the Minister under subsection (1) shall be determined by reference to the difference between the antecedent and subsequent value of the land or of an interest in the land consequent on the refusal of consent, which amount shall be offset by the value of any amounts which the owner, occupier or user is receiving under the scheme operated by the Minister for Agriculture, Food and Rural Development and known as the Rural Environment Protection Scheme, or any amendment to, or replacement of that scheme.

• (b) For the purposes of paragraph (a), any amounts which the proposed works would have attracted by way of grant aid from any Minister of the Government or any body established or regulated by or under a statute, if consent had been given under section 19, shall not be taken into account in assessing the difference between the antecedent and subsequent value of the land.

• (3)
• (a) Any claims for payment of compensation under this section shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section.