Jerry Cowley (Mayo, Independent)
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Question 846: To ask the Minister for the Environment, Heritage and Local Government further to Question No. 244 of 2 March 2006, the way in which a person would know if planning permission were required to extract turf from his or her bog; the further way in which one can tell if extracting turf from one's bog would have significant effects on the environment; and if he will make a statement on the matter. [10146/06]

Dick Roche (Wicklow, Fianna Fail)
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As stated in the reply to Question No. 245 of 2 March 2006, peat extraction below ten hectares in area is exempt development except where it could have significant effects on the environment. The threshold has been set at a level that ensures that the vast majority of sub-threshold peat extractions will not have a significant effect on the environment. However, the planning code recognises that a particular project below this threshold could have significant effects on the environment because of the nature of the project, its location or other particular circumstances. The criteria for determining whether a development would or would not be likely to have significant effects on the environment are set out in Schedule 7 of the Planning and Development Regulations 2001. As part of their general planning enforcement functions, planning authorities will continue to overview sub-threshold peat extractions in relation to these criteria.

A person proposing to carry out peat extraction and who, having regard to the provisions of Schedule 7 of the 2001 regulations, requires guidance as to whether the extraction in question would have significant effects on the environment should consult the appropriate planning authority. If desired, a person may seek a declaration under section 5 of the Planning and Development Act 2000 from the planning authority on the question of whether a development is, or is not, exempted development. The declaration must be issued within four weeks and may be referred to An Bord Pleanála for review.

As also outlined in the reply referred to above, peat extraction within peatland areas that have been afforded protection either as special areas of conservation, SACs, of natural heritage areas, NHAs, are subject to a separate control system.