The European Court of Justice found, in its ruling of 20 November 2008, that Ireland's system of Environmental Impact Assessment (EIA) screening for certain categories of agriculture related projects was over-reliant on size thresholds and did not take other relevant criteria (e.g. cumulative impacts of development, proximity to sensitive sites etc.) into account. The categories of projects in question include the restructuring of rural land holdings, the use of uncultivated land or semi-natural areas for intensive agricultural purposes, and water management projects for agriculture, including irrigation and land drainage projects.
Following discussions with the European Commission and other stakeholders, including the Department of Agriculture, Fisheries and Food, my Department provided a comprehensive response to the Commission in November 2010, outlining its proposed legislative reforms fully to address the Court judgment which proposed, inter alia, to significantly to lower the thresholds at which mandatory EIA was required and at which a planning application is required (i.e. lowering the exempted development thresholds).
Notwithstanding these proposals, the European Commission announced in February 2011 that it is referring Ireland back to the European Court of Justice for failing to implement the ruling. My Department, together with the Department of Agriculture, Fisheries and Food and in consultation with the Commission, is working intensively to develop appropriate proposals which will satisfy the Commission's concerns regarding full implementation of the judgment, and which will also be proportionate and capable of being operated effectively and efficiently by the farming community and local authorities. Both Departments have recently met with Commission officials on this matter.
Subject to further discussions with the Commission and other stakeholders, it is proposed to address the issues through a combination of amendments to the exempted development provisions of the Planning and Development Regulations, which will require a resolution of both Houses of the Oireachtas, and new enabling regulations made by the Minister for Agriculture, Fisheries and Food under the European Communities Act 1972. It is intended to finalise both sets of Regulations, together with accompanying guidance for farmers, planning authorities and other interested parties, in the coming weeks.