Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 208: To ask the Minister for the Environment, Heritage and Local Government his views on the cutting of turf as fuel for domestic consumption as an agricultural activity. [45186/09]

Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 214: To ask the Minister for the Environment, Heritage and Local Government his views on whether the cutting and saving of turf is an agricultural activity which land owners enjoy as a right under the Constitution; and if he will make a statement on the matter. [45279/09]

Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 215: To ask the Minister for the Environment, Heritage and Local Government if the cutting of turf for private use is considered an agricultural activity. [45280/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 208, 214 and 215 together.

Section 4 of the Planning and Development Act 2000 provides that development consisting of the use of land for agriculture is exempted development within the meaning of the Act. However, the Act provides, notwithstanding this, that the Minister for the Environment, Heritage and Local Government, in connection with the implementation of the EU Directives on Environmental Impact Assessment, may prescribe that such development is not exempted development.

Regulations provide that peat extraction above 10ha in new or extended areas is not exempted development. Such peat extraction below 10ha is also not exempted development within Special Areas of Conservation or Natural Heritage Areas. Where there is a doubt, a person may request the relevant planning authority to make a declaration in a particular case as to whether or not a development is exempted.

In relation to Special Areas of Conservation, the European Communities (Habitats) Regulations require the Minister to ensure the conservation of protected habitats within Special Areas of Conservation. In compliance with this requirement, it is proposed that domestic turf cutting cease in designated raised bog Special Areas of Conservation. These restrictions are necessary to avoid the loss of what remains of this rare and endangered habitat and to enable the State to fulfil its legal obligations to protect these sites under the EU Habitats Directive. There is no intention to restrict turf-cutting for domestic use on the vast majority of bogs within the State, where cutting may continue as before. The restrictions on domestic turf cutting on designated raised bogs affect only about 4% of the total area of bogland available for cutting.

The Deputy will be aware that I am not in a position to provide an interpretation of rights under the Constitution.