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.