Michael Noonan (Limerick East, Fine Gael)
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Question 349: To ask the Minister for the Environment, Heritage and Local Government if, under the terms of Article 17 of the European Communities (Good Agriculture Practice for the Protection of Waters) Regulations 2006, farmers are excluded from applying fertiliser within 250 m of a public water source; if compensation will be awarded to farmers for losses incurred arising from the exclusion; if exceptions will be made in certain circumstances; and if he will make a statement on the matter. [3137/09]

John Gormley (Dublin South East, Green Party)
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The EU Nitrates Directive aims to protect all waters against pollution from agricultural sources. Particular care is required for the protection of public health in the case of waters which serve as the source of drinking water. The European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 and 2007 implement the Directive in Ireland and provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources.

Article 17(2) of the Regulations includes a prohibition on the application to land of organic fertiliser or soiled water within specified distances from watercourses. In the case of drinking water abstraction points the specified distance for larger water supply schemes is 200 metres and for smaller supplies is 100 metres or 25 metres, depending on the size of the supply. These distances are measured from the actual abstraction point.

These prohibitions are necessary for the protection of sources of drinking water generally. However, in the case of specific abstraction points, Article 17(5)(a) of the Regulations provides that a local authority may, following consultation with the Environmental Protection Agency, specify an alternative distance following prior investigations and where the authority is satisfied that it is appropriate for the protection of waters being abstracted at that point. Compensation is payable where it is necessary for a local authority to acquire land.