Dáil Éireann Debate, Tuesday - 16 April 2013
822. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide in tabular form details by county of the number of effluent management plans that were carried out in 2011; and if he will make a statement on the matter. [17053/13]
View answer823. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he is satisfied that all local authorities are administering on a consistent basis the implementation and completion of effluent management plans as part of the planning application process within their functional areas; and if he will make a statement on the matter. [17055/13]
View answer825. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if effluent management plans are a requirement under the Planning Acts in respect of on farm developments for agricultural purposes; if there is requirement on all local authorities to have the plans submitted as part of the planning process; his views on whether a requirement for effluent management plans is duplicitous in nature in view of the role of the Department of Agriculture, Food and the Marine in compliance responsibility; and if he will make a statement on the matter. [17068/13]
View answerI propose to take Questions Nos. 822, 823 and 825 together.
The Nitrates Directive and Ireland's Nitrates Action Programme are given legal effect by the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2010, commonly known as the GAP regulations. The objective of these regulations is to protect ground and surface waters, including drinking water sources, primarily through the management of livestock manures and other fertilisers.
Local authorities are the competent authorities for implementation of the GAP regulations and are also empowered under the Water Pollution Acts 1977 to 2007 to prevent or control pollution of waters. In fulfilling these roles, local authorities may request information, for example in the form of effluent management plans, to ensure the compliance of on-farm development proposals with the legislation.
It is incumbent on local authorities to ensure that all proposed agricultural developments comply with the Water Pollution Acts and the GAP regulations. There is no requirement under the Planning and Development Act 2000 or the associated Regulations in relation to the submission of an effluent management plan as part of a planning application. Planning authorities may, however, when considering a planning application seek such further information as they consider necessary to decide the application in question.
My Department has no role in this process and does not compile or keep data on the information sought by local authorities for this purpose. The principal role of the Department of Agriculture, Food and the Marine is to check compliance of farms with the GAP regulations.
Consistency of approach to the implementation of the GAP regulations is overseen by a working group consisting of representatives from my Department, the Department of Agriculture, Food and the Marine, local authorities and the EPA.
