28.—Section 17 of the Principal Act is hereby amended—

(a) by the substitution, in subsection (1), of “either or both fauna and flora” for “fauna” where it first occurs and of “fauna and flora” for “fauna” where it last occurs,

(b) by the substitution, in subsection (4), of “every species of fauna and flora” for “any species of fauna” and of “fauna and flora” for “fauna”,

(c) by the insertion, in paragraph (a) of subsection (9), of “or flora” after “fauna”, and

(d) by the insertion, in subsection (12), of “or flora” after “fauna”,

and the said subsections (1) and (4), the said paragraph (a) and the said subsection (12), as so amended, are set out in the Table to this section.

TABLE

(1) Where the Minister considers that a particular species, or particular species, of either or both fauna and flora should be specially protected on any land which is, or is contiguous to, a habitat of the species, then, subject to subsection (5) of this section, he may publish in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land is situate a notice of his intention to make an order (in this Act referred to as a designation order) designating the land as a refuge for such fauna and flora.

(4) A notice published pursuant to this section shall indicate every species of fauna and flora which the Minister proposes by the provisions of the proposed order to which the notice relates to protect, the land to which the proposed designation order or amending order, as the case may be, will apply and the protective measures which the proposes to include in the proposed order, including any measures he proposes to take for the protection of the habitat requirements of such fauna and flora.

(a) a designation order designating that land, or any part thereof, as, and establishing thereon, a refuge for all or any of the fauna or flora indicated in the notice, or

(12) Any compensation under this section shall be assessed and payable only in respect of diminution in value, loss or disadvantage arising from the measures contained in the relevant order for the protection of the habitat requirements of the fauna or flora to which the order relates.