6693/ Duchas Interior/ENGLISH - National Botanic Garden of Ireland
6693/ Duchas Interior/ENGLISH - National Botanic Garden of Ireland
6693/ Duchas Interior/ENGLISH - National Botanic Garden of Ireland
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Living with Nature: The Designation <strong>of</strong> Nature Conservation Sites in <strong>Ireland</strong>Compensation for Land Owners and UsersThe Government is committed, as part <strong>of</strong> the socialpartnership process, to the payment <strong>of</strong> a fair andproper level <strong>of</strong> compensation to landowners andusers who have lands proposed for designation as aNHA, SAC or SPA.Rural Environmental Protection Scheme(REPS)Lands within a candidate SAC, designated SPA,proposed NHA or Commonages are defined as‘Target Areas’ under this scheme. Farmers in thetarget areas who participate in the REPS schemereceive higher payments than those elsewhere.Farmers with small areas <strong>of</strong> land in a NHA, SAC orSPA can get REPS payments for that part <strong>of</strong> theirfarm. In either case, the farmer is subject to certainconditions regarding farming and land use practices,set out in the REPS plan for the farm.Departmental Farm PlansWhere a farmer chooses not to participate in REPS,and the Department seeks to change the farmoperation in some way or to end a particular activity,the Department will pay for preparation <strong>of</strong> a farmplan. This will normally be confined just to thedesignated lands, and will address the conservationrequirements. The farm plan will list options forachieving these requirements and indicate the actualcosts to the farmer. The Department and the farmerwill then negotiate an agreement on the plan andpayment <strong>of</strong> the costs.The Department will train farm planners inpreparation <strong>of</strong> farm plans for non-REPS farmers. Alist <strong>of</strong> approved planners will be available to thefarmer to choose from.Compensation for landowners who are notfarmingA landowner may seek compensation for actuallosses incurred as a result <strong>of</strong> having land included ina NHA, candidate SAC or SPA. Eligible landownersshould submit to the Department, details <strong>of</strong> thelosses incurred as a result <strong>of</strong> the inclusion <strong>of</strong> landsin a NHA, SAC or SPA, outlining the basis for thecalculations. Documentary evidence <strong>of</strong> past earningsand the activities that produced these should beincluded with the claim. Should the applicant bedissatisfied with a compensation that is made, thecase may be referred to an independent arbitratorwho will review the matter and make a final decision.Where a proposed SAC/NHA/SPA prevents thelandowner from carrying out an activity ordevelopment on their land, the compensation duewill exclude any payments that have been attractedunder grant schemes (other than headage or premiapayments).AquacultureThe compensatory arrangements outlined aboveapply also to aquaculture / foreshore licenceholders, who may seek compensation for actuallosses incurred as a result <strong>of</strong> having their area <strong>of</strong>operations included in a candidate SAC / SPA.Eligible licence holders wishing to use this optionshould submit to the Department, details <strong>of</strong> thelosses incurred as a result <strong>of</strong> the inclusion <strong>of</strong> landsin a proposed candidate SAC or SPA, outlining thebasis for the calculations. Documentary evidence <strong>of</strong>past earnings, and the activities that producedthese, should be included with the claim.The Department will prepare conservation plans inconsultation with local interest groups. These planswill take account <strong>of</strong> aquaculture, fishing and leisureactivities. Compensation will be provided for actualincome loss due to the implementation <strong>of</strong> theseplans.pg 19