Jan O'Sullivan (Limerick East, Labour)
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Question 371: To ask the Minister for the Environment, Heritage and Local Government the legislation under which he introduced exclusion zones for farming around wells; the consultation which took place in advance of this measure; if his attention has been drawn to the problems this is causing to some farmers who will lose a considerable amount of their workable land as a result; and if he will make a statement on the matter. [6167/09]

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. The Regulations were made following full consultation with interested parties.

The Regulations do not provide for exclusion zones for farming around wells. However, Article 17(2) of the Regulations includes a prohibition on the application to land of organic fertiliser or soiled water within specified distances from any borehole, spring or well used for the abstraction of drinking water. The specified distance for larger water supply schemes (serving 500 or more persons) is 200 metres and for smaller supplies is 100 metres or 25 metres, depending on the size of the supply. Article 17(3) of the Regulations provides that where farmyard manure is held in a field prior to landspreading, it shall not be placed within 250 metres of any borehole, spring or well supplying drinking water to 50 or more persons. In the case of smaller supplies the specified distance is 50 metres.

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.