Dáil Éireann Debate, Tuesday - 17 May 2022
764. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the benefits and the consequences of farmers installing solar panels on commonage and in particular the impact on entitlements and payments. [24463/22]
View answerSupport under the Basic Payment Scheme (BPS) is payable upon activation of an eligible hectare per payment entitlement.
In general terms, an eligible hectare is one that is used for an agricultural activity or, where the area is also used for a non-agricultural activity, is predominantly used for such activities. An area is predominantly used for agricultural activity, if that activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity.
While cases involving solar panels will be examined on an individual basis, solar panels will be considered as ineligible features within the eligible parcel. In general, parcels or parts of a parcel containing solar panels may be considered eligible but reductions must be made to the eligible area to take account of the impact of the panels on forage availability. If the effect of the solar panel, including the supporting structures, is to reduce the eligible area by 70% of the parcel or more, then a reduction of 100% is made for the area under the solar panels.
If this is a whole parcel, the parcel is deemed ineligible. If the impact on the eligible area is less than 70% of the parcel area an appropriate percentage reduction must be made. Appropriate reductions must also be made for other ineligible features within the parcel e.g. scrub, rock or hardcore including roadways.
In all cases, parcels containing solar panels will only be considered eligible where there is evidence that an agricultural activity takes place on the parcel(e.g. grazing with sheep). The solar panels must not hamper the agricultural activity. Such parcels must also comply with relevant Statutory Management Requirements and Good Agricultural and Environmental Condition (GAEC) standards.
With regard to potential impact on BPS entitlements it is important to note that a farmer must use all entitlements every 2 years. Therefore any reductions in eligible area arising from the installation of solar panels may impact the number of entitlements held after two years unless the farmer (a) obtains more land (b) leases out his entitlements, or (c ) sells the entitlements.
It is also worth noting that all agricultural land used to claim BPS must be owned/leased/rented and used and managed by the applicant. If the applicant is not the owner of the land, they must have a lease or rental agreement in place with the owner of the land. If a farmer retains ownership of the land, but leases it out to a third party, to install solar panels, the farmer must have a written agreement with the third party, to perform agricultural activities on the parcel concerned, in order for the parcel to be considered eligible. Such agreements must fulfil the land availability rules set down in the BPS terms and conditions. There must be independent and suitable access for animals for the farming enterprise being conducted. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land, or over land which is subject to a lease or rental agreement to another person, is not acceptable.
Any decision to construct solar panels on a commonage is a matter for the owners of the commonage to consider, but all owners of the commonage where the lands are registered as a undivided shares would have to agree to such a proposal. Where the commonage share is based on a grazing right, the owner of the lands, along with all others with grazing rights would have to be consulted and agreement reached between all parties.
