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EU Directives

Dáil Éireann Debate, Thursday - 14 June 2012

Thursday, 14 June 2012

Ceisteanna (6)

Billy Kelleher

Ceist:

6Deputy Billy Kelleher asked the Minister for Agriculture; Food and the Marine if he has had ongoing discussions with farming groups in relation to the practical impact of the changes to wetland drainage in 2011; and if he will make a statement on the matter. [28530/12]

Amharc ar fhreagra

Freagraí ó Béal (8 píosaí cainte)

Responsibility for the drainage and reclamation of wetlands is a matter for the Minister for the Environment, Community and Local Government. My colleague, the Minister, Deputy Hogan, and I simultaneously introduced legislation on 8 September 2011 in this area to address a European Court of Justice judgment against Ireland relating to Ireland's implementation of the Environmental Impact Assessment Directive which requires environmental impact assessment for certain categories of farm development.

The ECJ judgement is in regard to the restructuring of rural land holdings, the use of uncultivated land or semi-natural areas for intensive agriculture, and land drainage works on lands used for agriculture. Naturally, it has been a priority to address the findings of the court and thereby minimise the prospects of significant fines being applied against Ireland. This case, which opened in 2006, remains before the court for adjudication and an oral hearing has been set for early October 2012.

In introducing these regulations, however, I have also sought to ensure the system introduced was appropriate, accessible and reflected the particular circumstances on Irish farms. It is for this reason that, with the exception of the drainage and reclamation of wetlands, responsibility for removal of field boundaries, the use of uncultivated land or semi-natural areas for intensive agriculture, and land drainage works on lands used for agriculture, has transferred to my Department from the Department of the Environment, Community and Local Government.

My officials have had significant consultation with the farm bodies at all stages of the process, including meeting the representative organisations on a number of occasions to discuss progress and explain the requirements of the new regulations. In addition, I published a comprehensive guidance document for farmers which is available on my Department's website and in hard copy format at Teagasc, from agricultural consultants and at local Department offices. I also provided a leaflet to every farmer in the country explaining the regulations that now apply in this area.

From telephone conversations I had with people in Duhallow during the day, I understand the entire region could be described as a wetland at present. The difficulty concerns information. Some of the local authorities seem to have maps of what is designated as wetland but the landowner or farmer does not. Is there information within either the local authorities or the Department of the Environment, Community and Local Government? Should it be made available to farmers? A farmer's definition of wetland may vary from field to field. I have seen some farmers get into serious difficulties with the local authority because of what they described as a wet field, which would have been traditionally known as such, but which they would not have classified as a wetland. Is it possible to have farmers notified as to which lands or territories they own that are designated under the wetlands directive?

I am not sure if there is an exact map that distinguishes what is what. However, what the Deputy stated is true. Full planning permission is required in regard to wetlands and the relevant documents and small leaflets have been handed out to every farmer. I will come back to the Deputy in respect of how a farmer may know this before he takes any action.

Is the Deputy happy with that?

May I intervene on that point to say there are designated wetlands and there is a map but there is some confusion among some landowners in regard to land that while it may not be designated as such from a European habitats point of view may be categorised as wetland. That is the ambiguous area that needs to be clarified for people. There is a difference, however, in terms of the eco-system and the actual designation that goes with that at a European level, between wetlands and wet land that is so because of heavy rain or poor drainage. We have tried to clarify as much of this as we can through the information leaflets that have been sent out.

We will take Ceist Uimh. 7.

I am sorry, Leas-Cheann Comhairle.

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