Finian McGrath (Dublin North Central, Independent)
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Question 514: To ask the Minister for Agriculture, Fisheries and Food if there will be any impact on the single farm payment if a farmer continues to cut turf on one of the 32 raised special areas of conservation bogs after 28 February 2009; and if he will outline what this impact will be. [42641/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Under the Single Payment Scheme (SPS)/Disadvantaged Area Scheme (DAS)/ Rural Environmental Protection Scheme (REPS), farmers receiving direct aid are required to observe and respect the various Statutory Management Requirements (SMRs) set down in EU legislation on the environment, food safety, animal health, and welfare, and plant health and to maintain the farm in good agricultural and environmental condition (GAEC).

SMR 5 concerns the conservation of natural habitats and of wild flora and fauna. These are prime wildlife conservation areas that are important on a European as well as Irish level. Certain activities, including turf cutting, are prohibited within Special Areas of Conservation (SACs) and can only be carried out with the consent of the Department of Environment, Heritage and Local Government. These are called 'notifiable actions' and vary depending on the type of habitat that is present on the site. Farmers with an SAC designation on their lands will have been informed of the notifiable action by the Department of Environment, Heritage and Local Government.

Beneficiaries of SPS/DAS/REPS schemes put part or all of their payments at risk if they are found to be in breach of these notifiable actions. Furthermore, depending on the nature and severity of any such breach, they face the possibility of legal proceedings being instigated against them by the Department of Environment, Heritage and Local Government.