9. Flora, Fauna
and Fisheries
9.2
Assessment Criteria
Ecological
sites and fisheries waters were assessed according to the
criteria for site evaluation outlined in Table 1 of Appendix
C.
This
Constraints Study is concerned with sites of international
to regional importance (A/B sites), and with sites of local
importance (C/D sites). As it is not possible to evaluate
ecological sites and habitats from satellite images, no distinction
has been made between sites of high local value (C sites)
and those of low local value (D sites). These sites will be
evaluated at the route selection stage on the basis of field
surveys.
The
two main designations are proposed candidate Special Area
of Conservation (pcSAC) and proposed Natural Heritage Area
(pNHA).
The
pcSAC is a statutory designation, which has a legal basis
under the EU Habitats Directive (92/43/EEC) as transposed
into Irish law through the European Communities (Natural Habitats)
Regulations, 1997. The main implication of this designation
is that any project likely to have a significant adverse impact
on the integrity of the pcSAC may only be carried out for
"imperative reasons of overriding public interest, including
those of a social or economic nature".
The
pNHA is a non-statutory designation at present but is expected
to become a statutory designation when the Wildlife Act, 1976,
is amended. Most local authority development plans include
an objective to protect pNHA's within their jurisdiction so
this gives the designation some legal status under the Local
Government (Planning and Development) Act, 1992. An application
for planning permission for any development that may have
impacts on a pNHA will be referred by the planning authority
to Duchas, the Heritage Service, for comment.
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