Paddy McHugh (Galway East, Independent)
Link to this: Individually | In context

Question 178: To ask the Minister for the Environment, Heritage and Local Government his views on whether the ERA and local authorities should have no role in the inspection of farms under Articles 29 and 30 of the nitrates directive unless there is [i]prima facie[/i] evidence of pollution arising from activities on a particular farm; if an inspection protocol required under Article 30 will be developed as soon as possible to reflect this principle; and if he will make a statement on the matter. [15746/06]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

It has already been indicated that there will be a high degree of co-ordination in inspections and other requirements arising from the implementation of the regulations transposing the nitrates directive in order to alleviate to the greatest possible extent the burden on farmers from bringing the directive into operation.

The necessary inspection and other functions assigned to local authorities and the EPA under the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2005 derive from the functions statutorily assigned to these agencies in environmental protection generally and, in particular, the protection of water quality. The regulations transpose the nitrates directive, which has the objective of reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution. Primary responsibility for the protection of water quality is assigned to local authorities under the Local Government (Water Pollution) Acts and related legislation. In this context, high priority attaches to measures for the prevention of water pollution in addition to such measures as may be necessary to respond to pollution which has actually occurred.

Local authorities operate under the general supervision of the EPA in the performance of all their functions in environmental protection. In addition, the EPA has direct licensing and inspection functions regarding intensive agricultural activities under the Environmental Protection Agency Acts. Farm inspections will also be carried out by the Department of Agriculture and Food in the context of cross-compliance under the single payment scheme.

The regulations provide that local authorities shall aim to co-ordinate their inspection activities with those of other public authorities. A high degree of co-ordination of inspections is being developed between all the relevant authorities. Article 30 of the regulations provides for the drawing up of an inspection protocol for the purpose of promoting such co-ordination.