Jim Higgins
Question:119 Mr. Higgins (Mayo) asked the Minister for Agriculture, Food and Rural Development if it is possible for a person who has qualified for a REP scheme to sell his turbary rights and still remain in the scheme. [20219/99]
Written Answers. - Rural Environment Protection Scheme.
Each participant of the REP scheme must follow the agri-environmental plan for the entire holding. Turbary rights can be held as "rights", "burdens" or "freehold". The agri-environmental specifications of the REP scheme set out the conditions under which turbary rights are eligible for payment and the manner in which such rights are to be included in a REPS plan.
Each REPS file is dealt with on an individual basis and in any particular case details of the REPS plan involved, the manner in which the rights have been heretofore exercised and details of the proposed sale would be essential in determining continued eligibility under the scheme conditions.
John Perry
Question:120 Mr. Perry asked the Minister for Agriculture, Food and Rural Development if a full REP scheme payment will be released for a person (details supplied) in County Sligo; and if he will make a statement on the matter. [20220/99]
The person named was accepted into the scheme with effect from 1 March 1998 and declared a contracted area of 57.47 hectares. He was paid on the maximum 40 hectares. He applied for his second year payment on 30 April 1999 and notified the Department that he had sold 19.04 hectares. Under the terms and conditions of the scheme, a participant in the scheme who sells or otherwise transfers part of their farm to another person may remain in the scheme subject to an amended agri-environmental plan being prepared for the remaining lands and a proportionate adjustment in the payment being made. Aid already paid proportionate to the transferred land must be reimbursed. The person named was paid on the reduced eligible area on 6 October 1999 and aid already paid in respect of the land that was sold was recouped.
The scheme conditions on clawback were included in circular 35/99 to remind REPS planning agencies of the existing conditions on disposal of land contained in the REP scheme document.
My Department must implement this condition when the transferred lands will no longer benefit from farming practices and production methods which reflect the need for environmental conservation and protection.
Jim Higgins
Question:121 Mr. Higgins (Mayo) asked the Minister for Agriculture, Food and Rural Development if a farmer who has been in the REP scheme for a number of years and subsequently decides to sell a portion of the land is obliged to repay the amount of REP scheme payments he received for the period in question. [20221/99]
Where, during the period of their REPS plan, a participant in the scheme sells or otherwise transfers part of their farm to another person the transferor may remain in the scheme subject to an amended agri-environmental plan being prepared for the remaining lands and a proportionate adjustment in the payment being made. Aid already paid proportionate to the transferred land must be reimbursed. Reimbursement is not required where the lands are continued in REPS, the land is subject to a compulsory purchase order or the lands are afforested under regulation (EEC) No. 2080/92.
My Department must implement this condition when the transferred lands will no longer benefit from farming practices and production methods which reflect the need for environmental conservation and protection.