The conditions relating to land eligibility under the BPS are set out annually in the Basic Payments Terms & Conditions Booklet as well as in the 2015 Guide to Land Eligibility booklet.
Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and therefore it is not eligible, except where controlled burning is carried out. It is specified in the BPS Terms & Conditions that under the Wildlife Acts, growing vegetation cannot be burnt between 1st March and 31st August of any given year, on any land not yet cultivated. Enforcement of the Wildlife Acts is a matter for the Department of Culture, Heritage and the Gaeltacht.
While my Department is not responsible for the investigation of the actual causes of illegal burning such as occurred on Killery Mountain, it is responsible for determining the eligibility of land under the BPS and other area related schemes. In general terms, where the area determined to have been burned exceeds 3% of the eligible area declared, an administrative penalty of 1.5 times the area burned is applied. Where the applicant provides appropriate evidence that he/she was not involved in the burning of the affected lands, the administrative penalty may be waived. However, the burnt land remains ineligible for payment.
The Department wrote to the farmers concerned, including those on Killery Mountain, outlining that the burned land parcel(s) were ineligible for the purpose of BPS and had given rise to over-claims. The letters explained the options open to them including the right to a review and also requesting them to submit any relevant documentation.
My Department has been in contact with 33 farmers in relation to ineligible land due to burning on Killery Mountain. 29 of these farmers have lodged an appeal with my Department on this issue. 25 of the appeals have now been decided, and my Department has communicated these decisions directly to the farmers concerned and advised them of their right of appeal to the Agriculture Appeals Office. A further 4 cases remain under review. To date, 11 appeals, 8 of which relate to Killery Mountain, have been lodged with the Appeals Office.
All things being equal the lands burnt illegally in 2017 are likely to be eligible in 2018. Those affected were informed accordingly and the updated eligible areas were provided at the time of application to on-line BPS applicants.
This year, press releases were issued in March and in May reminding farmers not to burn during the closed season, and not to include ineligible land in their applications. In addition discussions have been held with farmer representative bodies to further ensure clarity of message around this important issue.
