Dáil Éireann Debate, Tuesday - 26 June 2018
456. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a decision on an appeal by a person (details supplied) in County Galway with regard to an overclaim has been issued; if so, the outcome of the decision; and if he will make a statement on the matter. [28080/18]
Amharc ar fhreagraThe conditions relating to land eligibility under the BPS are set out annually in the Basic Payments Terms and 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.
As the Deputy is aware, my Department actively investigates incidents of illegal burning using satellite imagery. It is specified in the BPS Terms and 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.
As part of the process of determining land eligibility, parcels declared by the person named on his 2017 BPS application have been identified as having been burned outside of the permitted timeframes. Accordingly, such lands are not eligible for the purpose of a BPS payment and this has created an overclaim on the named person’s BPS application. The overclaimed land has been excluded from the named person's BPS application and he was paid on the remaining eligible hectares.
The person named submitted an appeal and following review my Department has decided to waive the administrative penalty associated with his 2017 BPS application. However, the burnt land remains ineligible for payment.
The person named was informed of the decision on 12 April 2018 and was also given the opportunity to appeal this decision to the Agriculture Appeals Office.
