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Turf Cutting Compensation Scheme Issues

Dáil Éireann Debate, Tuesday - 11 June 2013

Tuesday, 11 June 2013

Questions (488)

Barry Cowen

Question:

488. Deputy Barry Cowen asked the Minister for Arts, Heritage and the Gaeltacht in view of permission being granted to the many turf cutters on National Heritage Sites, if he will confirm if the review will be carried out on the National Heritage Sites before Autumn in order for ample time and resources to be made available for alternative arrangements in the next turf cutting season if necessary. [27352/13]

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Written answers

Some 75 raised bogs have been formally designated as Natural Heritage Areas – NHAs - under the Wildlife Acts. The Wildlife Acts provide protection to NHAs through a requirement for certain, potentially damaging activities to obtain Ministerial consent before being undertaken. Turf-cutting, drainage works and afforestation are typically listed as activities that require such consent.

As with the case of Special Areas of Conservation, a 10 year derogation was applied to allow domestic turf cutting to continue on NHAs. In May 2010, the previous Government decided that turf-cutting should come to an end on all raised bog NHAs at the end of 2013.

However, as set out in the Programme for Government, the current Government undertook to review the situation with regard to raised bog NHAs. This review is currently underway and the future of turf-cutting on such sites is being considered as part of that review. To assist in this task, my Department has engaged a team of scientific specialists to underpin this review. I hope that the review will be completed in the autumn.

NHAs are not subject to the same legal regime under the Habitats Directive that applies to raised bog Special Areas of Conservation (SACs). However, the approach to peat extraction on NHA raised bogs has been raised by the European Commission in the same Reasoned Opinion that was addressed to Ireland in relation to turf-cutting on raised bog SACs. The issue relating to NHAs concerns adherence to the requirements of the Environmental Impact Assessment (EIA) Directive.

In this regard it should be noted that the NHA raised bogs were formally designated as part of a resolution to a case where Ireland was found against in the European Court of Justice in relation to inadequate application of the EIA Directive regarding peat extraction. This judgment was made against Ireland in 1999.

Therefore, while the Government has more options in regard to the approach that can be taken to the management of NHA raised bogs we will need to work closely with the European Commission to ensure that the approach taken meets our legal obligations.

It is my intention that the review of NHAs will provide clarity for turf-cutters and landowners, in advance of the 2014 turf cutting season and my Department will be contacting individual landowners and turf-cutters on these sites once the outcome has been finalised.

Issues in relation to NHA raised bogs have been discussed with stakeholders represented at the Peatlands Council.

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