DEPARTMENT of Agriculture permission may be needed to continue land reclamation projects which commenced since September 8 — the cutoff point after which farmers must ask officials to screen their plans for land restructuring, conversion of uncultivated or semi-natural areas, or land drainage, if above certain size thresholds.
In a draft guidance document, details are also given of sub-threshold works which must be screened by Department officials, because they may have a significant effect on the environment.
Farmers organisations and other stakeholders have a three-weeks public consultation period, until Friday, October 21, to react to the guidance document. Setting out proposed regulations, it can be read on the www.agriculture.gov.ie website.
The regulations create prosecutable offences with fines of up to €5,000 upon summary conviction.
Screening applications must give details of proposed works, including who will carry out the work.
The Department will let farmers know if they can proceed with intended work, or whether they need to apply for consent (which must be accompanied by an Environmental Impact Statement or Natura Impact Statement).
Farmers are advised to seek professional advice if an EIS is needed. Scoping opinions from the Department will advise what applications and environmental impact statements should contain.
In making consent decisions, the Department may consult with the public.
Swamps and marshes defined as ‘wetlands’
COUNTY Council planning permission is needed to drain or reclaim a wetland if the area affected exceeds 0.1 hectares, or if the works may affect the environment (for example, extending a drain at the margins of a bog).
The following are regarded as wetlands — lakes, reservoirs and ponds, turloughs, rivers and canals, swamps and marshes, floodplains that are permanently or periodically inundated with water (including callows), peatlands (bogs, wet heath and fens), wet woodlands, caves, cliffs, salt marshes, dune slacks and machairs, transitional waters (such as estuaries and lagoons), and intertidal habitats (to 6m below the lowest spring tide level).
Irish Examiner
www.buckplanning.ie
Showing posts with label planning laws on the draining of land. Show all posts
Showing posts with label planning laws on the draining of land. Show all posts
Monday, 3 October 2011
Monday, 19 September 2011
Land improvement legislation to be ratified
Land improvement legislation will be signed into law by this (Thursday) evening. It will require planning consent and an Environmental Impact Assessment (EIA) for drainage of wetlands over 2ha, for removal of ditches over 4km, for re-contouring of more than 5ha of land, and for intensive use of over 50ha of under-utilised land. Department approval, a simpler process, will be required for lower thresholds in each case.
The Government were faced with the prospect of a daily fine of €33,000 if they failed to comply with an EU deadline of this Friday.
A meeting on Wednesday afternoon between Department of Agriculture officials and IFA ended abruptly in the absence of the Department revealing the text of the SI.
''There was no basis for further discussion, as without the detailed legislative proposals, we could have no understanding of key definitions, or of the potential penalties which may be imposed on our members'' IFA environment chairman Pat Farrell said afterwards.
In 2008, a European Court judgement found Ireland in breach of EU regulations. The Commission moved this June, calling for daily fines for our failure to respond. With the clock ticking, Agricultural Minister Simon Coveney and Environment Minister Phil Hogan will sign the Statutory Instrument before the week is out. A commencement date for the new regulations, as yet unknown, will be included.
Phil Hogan laid the blame for Ireland's forced position firmly at his predecessor John Gormley's door. ''So-called environmentalists in Government failed to engage meaningfully with the Commission and it has been left to this Government to get the best deal for Ireland in the short time available, while making sure we meet our environmental obligations,'' he said. He welcomed the progress achieved.
Simon Coveney said: ''While this issue has primarily been the responsibility of the Department of the Environment, I have been keen to engage with the Commission to avoid a negative effect on farms and ensure the agreement took the needs of practical farming into account.
''I am satisfied that we have brokered a compromise which recognises those needs and delivers a workable solution for farmers,'' he said.
Guidelines
Both Ministers have outlined that consultation and engagement will now take place with relevant stakeholders and the Commission on the guidelines that will support these regulations.
According to IFA's Pat Farrell, it is now crucial that the guidance document delivers a workable solution for farmers. ''I am calling for the immediate establishment of a working group to ensure that this legislation has least impact on farmers and takes full consideration of measures already being carried out under other schemes such as REPS, AEOS and the general cross-compliance rules,'' he said.
Key issue
One key issue will be the definition of 'wetlands', which will have lower thresholds for drainage work, with approval required for just 0.1ha, and a full EIA needed for 2ha. Another will be the objections facility granted to members of the public and 'interested parties'.
''Progress has been made on the threshold levels, but significant concerns exist regarding the definition of wetlands and to ensure that the implementation of the legislation minimises the hassle and bureaucracy for farmers,'' said IFA president John Bryan. ''At a time when farmers are planning to expand and develop their businesses, to assist in meeting the Government's Food Harvest 2020 growth targets, it is now up to Ministers Coveney and Hogan to ensure that concerns regarding this legislation are fully addressed.''
The rush to sign the proposals into law will disappoint the opposition. Fianna Fáil agriculture spokesman Michael Moynihan had called for the Government to present their proposals before the Dáil before signing them into law. He has included the issue in a private members' motion to be debated next week.
The Farmers Journal
www.buckplanning.ie
The Government were faced with the prospect of a daily fine of €33,000 if they failed to comply with an EU deadline of this Friday.
A meeting on Wednesday afternoon between Department of Agriculture officials and IFA ended abruptly in the absence of the Department revealing the text of the SI.
''There was no basis for further discussion, as without the detailed legislative proposals, we could have no understanding of key definitions, or of the potential penalties which may be imposed on our members'' IFA environment chairman Pat Farrell said afterwards.
In 2008, a European Court judgement found Ireland in breach of EU regulations. The Commission moved this June, calling for daily fines for our failure to respond. With the clock ticking, Agricultural Minister Simon Coveney and Environment Minister Phil Hogan will sign the Statutory Instrument before the week is out. A commencement date for the new regulations, as yet unknown, will be included.
Phil Hogan laid the blame for Ireland's forced position firmly at his predecessor John Gormley's door. ''So-called environmentalists in Government failed to engage meaningfully with the Commission and it has been left to this Government to get the best deal for Ireland in the short time available, while making sure we meet our environmental obligations,'' he said. He welcomed the progress achieved.
Simon Coveney said: ''While this issue has primarily been the responsibility of the Department of the Environment, I have been keen to engage with the Commission to avoid a negative effect on farms and ensure the agreement took the needs of practical farming into account.
''I am satisfied that we have brokered a compromise which recognises those needs and delivers a workable solution for farmers,'' he said.
Guidelines
Both Ministers have outlined that consultation and engagement will now take place with relevant stakeholders and the Commission on the guidelines that will support these regulations.
According to IFA's Pat Farrell, it is now crucial that the guidance document delivers a workable solution for farmers. ''I am calling for the immediate establishment of a working group to ensure that this legislation has least impact on farmers and takes full consideration of measures already being carried out under other schemes such as REPS, AEOS and the general cross-compliance rules,'' he said.
Key issue
One key issue will be the definition of 'wetlands', which will have lower thresholds for drainage work, with approval required for just 0.1ha, and a full EIA needed for 2ha. Another will be the objections facility granted to members of the public and 'interested parties'.
''Progress has been made on the threshold levels, but significant concerns exist regarding the definition of wetlands and to ensure that the implementation of the legislation minimises the hassle and bureaucracy for farmers,'' said IFA president John Bryan. ''At a time when farmers are planning to expand and develop their businesses, to assist in meeting the Government's Food Harvest 2020 growth targets, it is now up to Ministers Coveney and Hogan to ensure that concerns regarding this legislation are fully addressed.''
The rush to sign the proposals into law will disappoint the opposition. Fianna Fáil agriculture spokesman Michael Moynihan had called for the Government to present their proposals before the Dáil before signing them into law. He has included the issue in a private members' motion to be debated next week.
The Farmers Journal
www.buckplanning.ie
Friday, 5 August 2011
Wetlands rules won’t hurt farming
NEW restrictions on drainage of wetlands will have only limited impact on farmers, according to Junior Environment Minister Willie Penrose.
He said "wet glades" are not included in the wetlands where thresholds are being lowered for agricultural activities requiring environmental impact assessment or planning permission.
Based on the Ramsar Convention on Wetlands, it has been agreed by the National Parks and Wildlife Service and the Department of Agriculture, Fisheries and Food that saturated soils include the following Irish habitats — lakes, reservoirs and ponds, turloughs, rivers and canals, swamps and marshes, flood plains that are permanently or periodically inundated with water, including callows, peatlands, wet woodlands, caves, cliffs, salt marshes, dune slacks, transitional waters such as estuaries and lagoons, and intertidal habitats to 6m below the lowest spring tide level.
"We all recognise that land becoming a bit wet over the winter period does not fall within the definition of wetlands in the regular system of farming," said Mr Penrose.
Planning regulations are being amended to reduce the threshold for mandatory environmental impact assessment (EIA) for drainage of wetlands from above 20 hectares to above 2ha.
It is also proposed, given the environmentally sensitive nature of wetlands and the potential for minor development works to have a significant environmental impact, to replace the current full planning exemption for development in wetlands with a new planning exemption threshold of 0.1 ha. This will allow for minor access works and maintenance, but any more substantial development will require a screening for EIA as part of a planning application. Non-agricultural areas are not included in the wetlands definition.
"We should not accept people seeing this as a way to make much money as the environmental impact statement should be very simple and direct for the areas involved," said the minister.
He said the European Commission is happy with the proposed threshold on wetlands development. Unless Ireland reduces the thresholds for mandatory EIAs, in order to fully address European Court of Justice findings, the commission is seeking that the court impose a lump sum fine of about €2.5m and a daily penalty of more than €33,000 per day, or €12.5m per annum.
Irish Examiner
www.buckplanning.ie
He said "wet glades" are not included in the wetlands where thresholds are being lowered for agricultural activities requiring environmental impact assessment or planning permission.
Based on the Ramsar Convention on Wetlands, it has been agreed by the National Parks and Wildlife Service and the Department of Agriculture, Fisheries and Food that saturated soils include the following Irish habitats — lakes, reservoirs and ponds, turloughs, rivers and canals, swamps and marshes, flood plains that are permanently or periodically inundated with water, including callows, peatlands, wet woodlands, caves, cliffs, salt marshes, dune slacks, transitional waters such as estuaries and lagoons, and intertidal habitats to 6m below the lowest spring tide level.
"We all recognise that land becoming a bit wet over the winter period does not fall within the definition of wetlands in the regular system of farming," said Mr Penrose.
Planning regulations are being amended to reduce the threshold for mandatory environmental impact assessment (EIA) for drainage of wetlands from above 20 hectares to above 2ha.
It is also proposed, given the environmentally sensitive nature of wetlands and the potential for minor development works to have a significant environmental impact, to replace the current full planning exemption for development in wetlands with a new planning exemption threshold of 0.1 ha. This will allow for minor access works and maintenance, but any more substantial development will require a screening for EIA as part of a planning application. Non-agricultural areas are not included in the wetlands definition.
"We should not accept people seeing this as a way to make much money as the environmental impact statement should be very simple and direct for the areas involved," said the minister.
He said the European Commission is happy with the proposed threshold on wetlands development. Unless Ireland reduces the thresholds for mandatory EIAs, in order to fully address European Court of Justice findings, the commission is seeking that the court impose a lump sum fine of about €2.5m and a daily penalty of more than €33,000 per day, or €12.5m per annum.
Irish Examiner
www.buckplanning.ie
New system for some on-farm development works under review
A SEPARATE environmental impact assessment screening and consent system is being devised by the Department of Agriculture, Fisheries and Food for on-farm development works that fall outside the planning system — such as removal of hedgerows, combining of fields, ploughing of semi-natural areas, seeding and fertilising and the maintenance of field drainage.
This system of regulations — which excludes activities and development on wetlands — is currently being finalised.
"It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in regulations that I will introduce," said Agriculture Minister Simon Coveney.
"It should be noted that it is not intended that the drainage of lands will be generally prohibited, but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold."
- A planning exemption is also being introduced for tanks for rainwater from the roofs of agricultural buildings to encourage uptake of the rainwater harvesting grant scheme.
- A planning exemption is also being introduced for portable waste disposal compactors, which Junior Environment Minister Willie Penrose said can play a key role, particularly in rural areas without municipal waste collection, to facilitate waste collection.
Irish Examiner
www.buckplanning.ie
This system of regulations — which excludes activities and development on wetlands — is currently being finalised.
"It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in regulations that I will introduce," said Agriculture Minister Simon Coveney.
"It should be noted that it is not intended that the drainage of lands will be generally prohibited, but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold."
- A planning exemption is also being introduced for tanks for rainwater from the roofs of agricultural buildings to encourage uptake of the rainwater harvesting grant scheme.
- A planning exemption is also being introduced for portable waste disposal compactors, which Junior Environment Minister Willie Penrose said can play a key role, particularly in rural areas without municipal waste collection, to facilitate waste collection.
Irish Examiner
www.buckplanning.ie
New system for some on-farm development works under review
A SEPARATE environmental impact assessment screening and consent system is being devised by the Department of Agriculture, Fisheries and Food for on-farm development works that fall outside the planning system — such as removal of hedgerows, combining of fields, ploughing of semi-natural areas, seeding and fertilising and the maintenance of field drainage.
This system of regulations — which excludes activities and development on wetlands — is currently being finalised.
"It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in regulations that I will introduce," said Agriculture Minister Simon Coveney.
"It should be noted that it is not intended that the drainage of lands will be generally prohibited, but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold."
- A planning exemption is also being introduced for tanks for rainwater from the roofs of agricultural buildings to encourage uptake of the rainwater harvesting grant scheme.
- A planning exemption is also being introduced for portable waste disposal compactors, which Junior Environment Minister Willie Penrose said can play a key role, particularly in rural areas without municipal waste collection, to facilitate waste collection.
Irish Examiner
www.buckplanning.ie
This system of regulations — which excludes activities and development on wetlands — is currently being finalised.
"It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in regulations that I will introduce," said Agriculture Minister Simon Coveney.
"It should be noted that it is not intended that the drainage of lands will be generally prohibited, but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold."
- A planning exemption is also being introduced for tanks for rainwater from the roofs of agricultural buildings to encourage uptake of the rainwater harvesting grant scheme.
- A planning exemption is also being introduced for portable waste disposal compactors, which Junior Environment Minister Willie Penrose said can play a key role, particularly in rural areas without municipal waste collection, to facilitate waste collection.
Irish Examiner
www.buckplanning.ie
Tuesday, 26 July 2011
Farm groups point finger over planning confusion
Farm organisations have slammed the Department of Agriculture's failure to give accurate information on proposed new planning rules for on-farm improvements.
Under a new regime, which was outlined to farm bodies recently by officials from the departments of Agriculture and Environment, it was proposed that planning permission would be needed for the drainage of wetlands, while the reclamation of farmland would in some instances require Department of Agriculture approval.
A screening process is to be introduced to assess land reclamation projects. However, the Department of Agriculture has yet to outline the threshold levels at which this process kicks in.
Speaking after a recent presentation given by the Department of the Environment to the Joint Oireachtas Committee on the Environment, IFA president John Bryan said farmers needed clarity on the issue.
"There is a serious lack of factual information regarding this proposed planning legislation and the impact it would have on the farming community," Mr Bryan said.
He called on Environment Minister Phil Hogan and Agriculture Minister Simon Coveney to "immediately address farmers' concerns".
Mr Bryan said the new planning regime had the potential to "sterilise" productive farmland.
Stifle
"Under existing cross-compliance and environmental legislation farmers are already compliant and do not need further measures that will duplicate existing measures and add further bureaucracy," Mr Bryan said.
"This will stifle the €4bn growth in exports identified in the Government's strategy for the sector, Food Harvest 2020."
The drive to change the planning regulations has been prompted by a European Court of Justice ruling dating back to November 2008. The ruling found that Ireland's system of environmental impact assessments (EIA) for agriculture and aquaculture-related projects was in breach of EU directives.
Last month, Ireland was threatened with fines of €4,000/day unless it implemented the directives correctly. If Ireland is still non-compliant by July 23, the fines could rise to €33,000/day.
Farm organisations fear that Ireland could now be bounced into a very restrictive planning regime if legislation is rushed through to meet the July 23 deadline.
There are also concerns that the Commission is demanding that threshold levels for the screening of farm reclamation work should be set as close to zero as possible.
A Department spokesman said no decision had been taken on the threshold level for screening.
Declan O'Brien
Irish Independent
www.buckplanning.ie
Under a new regime, which was outlined to farm bodies recently by officials from the departments of Agriculture and Environment, it was proposed that planning permission would be needed for the drainage of wetlands, while the reclamation of farmland would in some instances require Department of Agriculture approval.
A screening process is to be introduced to assess land reclamation projects. However, the Department of Agriculture has yet to outline the threshold levels at which this process kicks in.
Speaking after a recent presentation given by the Department of the Environment to the Joint Oireachtas Committee on the Environment, IFA president John Bryan said farmers needed clarity on the issue.
"There is a serious lack of factual information regarding this proposed planning legislation and the impact it would have on the farming community," Mr Bryan said.
He called on Environment Minister Phil Hogan and Agriculture Minister Simon Coveney to "immediately address farmers' concerns".
Mr Bryan said the new planning regime had the potential to "sterilise" productive farmland.
Stifle
"Under existing cross-compliance and environmental legislation farmers are already compliant and do not need further measures that will duplicate existing measures and add further bureaucracy," Mr Bryan said.
"This will stifle the €4bn growth in exports identified in the Government's strategy for the sector, Food Harvest 2020."
The drive to change the planning regulations has been prompted by a European Court of Justice ruling dating back to November 2008. The ruling found that Ireland's system of environmental impact assessments (EIA) for agriculture and aquaculture-related projects was in breach of EU directives.
Last month, Ireland was threatened with fines of €4,000/day unless it implemented the directives correctly. If Ireland is still non-compliant by July 23, the fines could rise to €33,000/day.
Farm organisations fear that Ireland could now be bounced into a very restrictive planning regime if legislation is rushed through to meet the July 23 deadline.
There are also concerns that the Commission is demanding that threshold levels for the screening of farm reclamation work should be set as close to zero as possible.
A Department spokesman said no decision had been taken on the threshold level for screening.
Declan O'Brien
Irish Independent
www.buckplanning.ie
Hogan confirms major planning changes to come
ENVIRONMENT Minister Phil Hogan has confirmed that planning and development regulations which he is putting through the Oireachtas will reduce the exempted development threshold for drainage of wetlands, from 20 hectares to one tenth of a hectare (about quarter of an acre), and reduce the threshold for a mandatory environmental impact assessment (EIA) of drainage of wetlands from 20 to two hectares.
He said planning applications will be required for drainage works less than 0.1 ha, in cases where the drainage would have a significant effect on the environment.
An environmental impact statement will be required with planning applications for drainage of wetlands under 2 ha, where it is determined that the drainage would have a significant effect on the environment.
Guidance is being prepared by the Agriculture and Environment departments for planning authorities, farmers and other interested parties. "The threshold of 0.1 ha in the case of planning permission will allow for minor access works and maintenance. Any more substantial development will require screening for an environmental impact assessment as part of a planning application."
Farmers have expressed serious concern that land improvement projects will be shelved if the legislation is adopted as proposed.
Mr Hogan said a European Court of Justice judgment necessitates a major reduction in the acreage thresholds.
He said the European Commission has advised of numerous instances where damage to the environment occurred on wetlands, even on a very small scale. "For example, lands drained by a small ditch can severely impact on the local environment."
This matter was raised in the Dáil by Longford-Westmeath Fine Gael TD Nicky McFadden.
Mr Hogan responded: "I understand the concerns of the farming community as articulated by the deputy, and the need to ensure an overly bureaucratic regime is not established. The State, however, must respond quickly and comprehensively to the judgment of the European Court of Justice. Otherwise, Ireland will be the subject of serious fines imposed by the Commission."
He said removal of field boundaries, and converting semi-natural areas to intensive agriculture and ordinary field drainage, will be regulated through a new process operated by the Department of Agriculture. "The drainage of wetlands will be retained to be dealt with in the planning system."
Ms McFadden called for the issue to be raised at this week’s EU Council of Agriculture Ministers meeting, so that a solution can be agreed. She said farmers need clarification, including how much they will have to pay for planning applications and EIAs.
Irish Examiner
www.buckplanning.ie
He said planning applications will be required for drainage works less than 0.1 ha, in cases where the drainage would have a significant effect on the environment.
An environmental impact statement will be required with planning applications for drainage of wetlands under 2 ha, where it is determined that the drainage would have a significant effect on the environment.
Guidance is being prepared by the Agriculture and Environment departments for planning authorities, farmers and other interested parties. "The threshold of 0.1 ha in the case of planning permission will allow for minor access works and maintenance. Any more substantial development will require screening for an environmental impact assessment as part of a planning application."
Farmers have expressed serious concern that land improvement projects will be shelved if the legislation is adopted as proposed.
Mr Hogan said a European Court of Justice judgment necessitates a major reduction in the acreage thresholds.
He said the European Commission has advised of numerous instances where damage to the environment occurred on wetlands, even on a very small scale. "For example, lands drained by a small ditch can severely impact on the local environment."
This matter was raised in the Dáil by Longford-Westmeath Fine Gael TD Nicky McFadden.
Mr Hogan responded: "I understand the concerns of the farming community as articulated by the deputy, and the need to ensure an overly bureaucratic regime is not established. The State, however, must respond quickly and comprehensively to the judgment of the European Court of Justice. Otherwise, Ireland will be the subject of serious fines imposed by the Commission."
He said removal of field boundaries, and converting semi-natural areas to intensive agriculture and ordinary field drainage, will be regulated through a new process operated by the Department of Agriculture. "The drainage of wetlands will be retained to be dealt with in the planning system."
Ms McFadden called for the issue to be raised at this week’s EU Council of Agriculture Ministers meeting, so that a solution can be agreed. She said farmers need clarification, including how much they will have to pay for planning applications and EIAs.
Irish Examiner
www.buckplanning.ie
Imposition of planning laws on land drainage ‘bureaucracy gone mad’
FARMERS say the imposition of planning laws on the draining of land is "bureaucracy gone mad" and an assault on property rights.
Irish Cattle and Sheep Farmers’ Association (ICSA) president Gabriel Gilmartin said farmers will have to shelve their land improvement projects due to the new draconian measures.
Following a court ruling by the European Court of Justice, any drainage works will now have to conform to statutory instruments requiring either planning permission from a local authority or a consent from the Department of Agriculture, Food and the Marine, and with the potential for an Environmental Impact Assessment.
Environment Minister Phil Hogan said that the Oireachtas has no choice but to adopt planning regulations which will reduce the exemption threshold for the drainage of wetlands from the old 20-hectare limit down to one-tenth of a hectare.
Furthermore, the threshold for a mandatory environmental impact assessment (EIA) of drainage of wetlands will be reduced from 20 to two hectares. This will impact most upon farmers with wetlands including Shannon Callows, turloughs, swamps and marshes, floodplains and cliffs.
Mr Gilmartin said: "For some time now, farmers have had to put up with Big Brother watching them, but it’s now got to the stage that Big Brother wants more, including the right to interfere and frustrate progressive farming.
"Many farmers will be asking where does it all stop? There seems to be no end to the ever-increasing bureaucratic nonsense and interference, all originating from Brussels but implemented with gusto by our own bureaucrats," he said.
"It also opens up the appalling vista of An Taisce and other assorted serial objectors intervening in normal farming operations on land that they don’t own and in farming decisions for which they have no economic responsibility or liability."
Outside of a list of wetland types, the requirement will be for an official consent from the Department of Agriculture before farmers can undertake all types of land improvement and reclamation.
Included in this list are the removal of field boundaries, the re-contouring of land by infill, the use of uncultivated land or semi-natural areas for intensive agriculture and drainage and irrigation.
There is also the possibility that an EIA will be required in these cases, where the amount of land concerned is above a certain threshold.
The IFA, ICMSA and other farm groups have all criticised this EU directive as a retrograde move which is punishing Irish farming despite its enviable environmental record, including planting 10,000km of new hedgerows, building over 3,000km of stonewalls, planting one million broadleaf native trees and recycling 20,000 tonnes of plastic in 2010 alone.
Irish Examiner
www.buckplanning.ie
Irish Cattle and Sheep Farmers’ Association (ICSA) president Gabriel Gilmartin said farmers will have to shelve their land improvement projects due to the new draconian measures.
Following a court ruling by the European Court of Justice, any drainage works will now have to conform to statutory instruments requiring either planning permission from a local authority or a consent from the Department of Agriculture, Food and the Marine, and with the potential for an Environmental Impact Assessment.
Environment Minister Phil Hogan said that the Oireachtas has no choice but to adopt planning regulations which will reduce the exemption threshold for the drainage of wetlands from the old 20-hectare limit down to one-tenth of a hectare.
Furthermore, the threshold for a mandatory environmental impact assessment (EIA) of drainage of wetlands will be reduced from 20 to two hectares. This will impact most upon farmers with wetlands including Shannon Callows, turloughs, swamps and marshes, floodplains and cliffs.
Mr Gilmartin said: "For some time now, farmers have had to put up with Big Brother watching them, but it’s now got to the stage that Big Brother wants more, including the right to interfere and frustrate progressive farming.
"Many farmers will be asking where does it all stop? There seems to be no end to the ever-increasing bureaucratic nonsense and interference, all originating from Brussels but implemented with gusto by our own bureaucrats," he said.
"It also opens up the appalling vista of An Taisce and other assorted serial objectors intervening in normal farming operations on land that they don’t own and in farming decisions for which they have no economic responsibility or liability."
Outside of a list of wetland types, the requirement will be for an official consent from the Department of Agriculture before farmers can undertake all types of land improvement and reclamation.
Included in this list are the removal of field boundaries, the re-contouring of land by infill, the use of uncultivated land or semi-natural areas for intensive agriculture and drainage and irrigation.
There is also the possibility that an EIA will be required in these cases, where the amount of land concerned is above a certain threshold.
The IFA, ICMSA and other farm groups have all criticised this EU directive as a retrograde move which is punishing Irish farming despite its enviable environmental record, including planting 10,000km of new hedgerows, building over 3,000km of stonewalls, planting one million broadleaf native trees and recycling 20,000 tonnes of plastic in 2010 alone.
Irish Examiner
www.buckplanning.ie
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