Maureen O'Sullivan (Dublin Central, Independent)
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Question 157: To ask the Minister for the Environment, Heritage and Local Government if he will provide a copy of the programme of measures agreed with the European Commission to allow the withdrawal of the case against Ireland for failing to meet a 1999 European country judgment (details supplied), which determined that Ireland was allowing the destruction of bog ecosystems and the irreversible loss of biotopes that are original, rare and of great scientific interest; and the progress to date in implementing these measures. [32685/09]

John Gormley (Dublin South East, Green Party)
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In 2005, my Department put in place a series of measures to address the findings in the Judgment of the European Court of Justice, of 21 September 1999, in Case C-392/96. The measures also resulted in the withdrawal of further legal action against Ireland in Case C-294/03.

Under the Planning and Development Regulations, 2001 peat extraction was exempt from the requirement for planning permission in the case of: (a) a new or extended area of less than 10 hectares (b) a new or extended area of 10 hectares or more, where the drainage of the bog land commenced prior to the coming into force of these Regulations.

The Planning and Development Regulations, 2005 amended the 2001 Regulations so that the above-mentioned exemption no longer applies where the peat extraction is likely to have significant effects on the environment. In such cases a planning application and an environmental impact statement will be required.

The 2005 amendment also provided that where the peat extraction is on a European Site or a site prescribed under Article 12 of the 2001 Regulations, where such development is regulated by the Wildlife (Amendment) Act 2000, the exemption no longer applies.

Peat extraction in areas that have been afforded protection either as Special Areas of Conservation (SACs) or Natural Heritage Areas (NHAs) is subject to a separate control system under the Wildlife (Amendment) Act 2000.

As part of the measures to address the Judgment in Case C-392/96, Ireland undertook an intensive programme to designate raised and blanket bog as NHAs. In total 75 raised bogs (17,000 hectares) and 73 blanket bogs (37,430 hectares) were designated as Natural Heritage Areas under the Wildlife (Amendment) Act, 2000.