Maureen O'Sullivan (Dublin Central, Independent)
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Question 225: To ask the Minister for the Environment, Heritage and Local Government, further to Parliamentary Questions Nos. 234, 235 and 236 of 20 October 2010, the way peat extraction operations in raised bog and blanket bog special areas of conservation and natural heritage area effect has been given to the requirement of a determination under Article 4 of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment and if his attention has been drawn to any determinations having been made since SI 364 of 2005 removed the previous key exemptions for peat extraction in the Planning and Development Regulations SI 600 of 2001. [40953/10]

John Gormley (Dublin South East, Green Party)
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For projects requiring consent of planning authorities or national authorities, Directive 85/337/EEC as amended provides for environmental impact assessment (EIA) where there is likely to be a significant effect on the environment. Peat extraction is listed in Annex 2 of the Directive, making it a matter for Member States to determine the thresholds or criteria beyond which EIA is required before consent is necessary or can be given. However, both planning authorities and An Bord Pleanála have power under the 2001 Planning Regulations to request an applicant to submit an EIS for any development which falls below the EIA thresholds but which may have significant effects on the environment. In general, planning permission is required for new or extended areas of peat extraction of 10 hectares or more. This has been interpreted as including the combined area of existing site plus extension.

Furthermore, the Planning and Development Regulations of 2005 removed any exemption and required planning permission if peat extraction was likely to have significant effects on the environment by reference to the criteria set out in Schedule 7 of the 2001 Regulations, unless the proposed extraction was on an area of less than 10 hectares and was on a Natura 2000 site or a Natural Heritage Area. These protected sites are regulated under the EC (Natural Habitats) Regulations and the Wildlife Acts, respectively. Extraction works in new areas of under 10 hectares in these protected sites require consent from me, as relevant Minister, under the Habitats Regulations and the Wildlife Acts in lieu of planning permission.

EIA is required for any new or expanded peat extraction development of 30 hectares or more, irrespective of the status of the site. I understand that there have been a number of cases in which my Department, the EPA or a planning authority has determined that an EIA is required.