Seán Kyne (Galway West, Fine Gael) | Oireachtas source

It is proposed that when a national heritage area is de-designated, domestic turf cutting may continue on the site, while larger-scale or commercial turf cutting will continue to be regulated through other systems such as the planning system or integrated pollution control licensing by the Environmental Protection Agency, EPA. In that regard the Minister for Communications, Climate Action and Environment has made supplementary regulations to provide that large-scale peat extraction, which involves an area of 30 ha or more, will be an activity controlled by licensing by the EPA. The regulations came into force on 25 January 2019.

The Department of Housing, Planning and Local Government has also recently advised that the development of a new regulatory framework for smaller-scale peat extraction, that is, in respect of areas below 30 ha, will be initiated and progressed. Planning permission is generally considered to be required under the Planning and Development Acts for developments such as domestic turf cutting in a new or extended area of 10 ha or more where the drainage of the bogland commenced on or after 21 January 2002. Planning regulations state that peat extraction is generally considered an exempted development only where it is in a new or extended area of less than 10 ha or, where it is in an area of 10 ha or more, the drainage of the bogland commenced prior to the coming into force of the relevant planning and development regulations.

Large-scale peat extraction does not fall under this Bill but is regulated by the Department of Housing, Planning and Local Government or the Department of Communications, Climate Action and Environment. It would not be appropriate, therefore, to regulate commercial turf cutting by means of this Bill. I will not support the Senator's amendments but I understand from where they are coming.