Jennifer Whitmore (Wicklow, Social Democrats)
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281. To ask the Minister for Agriculture, Food and the Marine the scientific basis for the 500m threshold in relation to hedgerow removal under EIA (Agriculture) Regulations (S.I. 456 of 2011 as amended); whether his Department has ever conducted any analysis of the integrity of, or provided a rationale for, that 500m threshold; and if he will make a statement on the matter. [14204/23]

Charlie McConalogue (Donegal, Fianna Fail)
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The Environmental Impact Assessment (Agriculture) (EIA) Regulations came into effect in September 2011 and were amended in 2013 and 2017.

These Regulations were introduced following European Court of Justice rulings that Ireland had failed to adequately implement certain aspects of the EIA Directive (EU cases C215-06 and C66-06). The development of these Regulations and the associated thresholds included discussion and consultation with the European Commission.

The thresholds for proposed hedgerow removal where screening applications are required under the Regulations are:

- any length of field boundary above 500 metres proposed to be removed or

- any proposed removal of field boundaries to create a field area greater than 5 hectares.

If the proposed removal would breach eitherof these thresholds the farmer is required to submit a screening application to my Department. 

I have committed to a review of these Regulations and my officials will commence a consultation process on this matter with all relevant stakeholders in the near future.

In the case of hedgerow removals, irrespective of length and including where this is below these thresholds, farmers in receipt of Direct Payment supports are still required to comply with Conditionality requirements under the CAP Strategic Plan.

This Conditionality means that removal of hedgerows is only permitted in certain exceptional circumstances for example, road safety or to accommodate a building extension. It is also important to note that where any hedgerowis being removed, as of 1 January 2023 there is a requirement to replace twice the length of hedgerow in advance of removal. Prior to this the requirement was to replace equivalent length of hedgerow.

Under the 'eco-scheme' element of the new CAP strategic plan, from 2023 hedgerows are also now being rewarded through payments for 'space for nature'.