Catherine Murphy (Kildare North, Independent)
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Question 62: To ask the Minister for the Environment, Heritage and Local Government when all of the remaining sections of the Planning and Development (Amendment) Act 2010 will receive a commencement notice; the reason there has been a significant delay in commencing the outstanding sections; if the delay has increased the risk of the European Commission taking further legal action against Ireland for failing to implement the earlier ruling of the European Court of Justice in the case of C-215/06; and if he will make a statement on the matter. [6224/11]

Willie Penrose (Longford-Westmeath, Labour)
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The Planning and Development (Amendment) Act 2010 was enacted on 26 July 2010, and five commencement orders have been made over the period August 2010-March 2011. Remaining provisions of the Act will be commenced as soon as possible once the required regulations, guidance and certain legal refinements to the 2010 Act are finalised. Section 69 of the Act will not be commenced as it now stands part of a separate Act, the Compulsory Purchase Orders (Extension of Time Limits) Act 2010.

Following the European Court judgment on 3 July 2008 in case C-215/06, my Department immediately wrote to planning authorities and An Bord Pleanála to advise that applications for retention should no longer be accepted in respect of projects requiring environmental impact assessment and the practice of accepting such applications should cease from that date. An amendment to section 34 of the Planning and Development Act 2000 Act was made in the 2010 Act to address the judgment and this provision was commenced on 23 March 2011. As a result, the retrospective regularisation of projects requiring environmental impact assessment may only be applied for in very limited exceptional circumstances. The related substitute consent provisions will be commenced as soon as possible.

Catherine Murphy (Kildare North, Independent)
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Question 63: To ask the Minister for the Environment, Heritage and Local Government, following the announcement by the European Commission on 16 February 2011 last that it is to take Ireland back to the European Court of Justice to seek the imposition of fines for failing to implement the earlier ruling in the case of C-66/06, the position regarding these ongoing legal proceedings; when he will bring before the Oireachtas the necessary legislation to ensure satisfactory closure of this case; and if he will make a statement on the matter. [6225/11]

Willie Penrose (Longford-Westmeath, Labour)
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The European Court of Justice found, in its ruling of 20 November 2008, that Ireland's system of Environmental Impact Assessment (EIA) screening for certain categories of agriculture related projects was over-reliant on size thresholds and did not take other relevant criteria (e.g. cumulative impacts of development, proximity to sensitive sites etc.) into account. The categories of projects in question include the restructuring of rural land holdings, the use of uncultivated land or semi-natural areas for intensive agricultural purposes, and water management projects for agriculture, including irrigation and land drainage projects.

Following discussions with the European Commission and other stakeholders, including the Department of Agriculture, Fisheries and Food, my Department provided a comprehensive response to the Commission in November 2010, outlining its proposed legislative reforms fully to address the Court judgment which proposed, inter alia, to significantly to lower the thresholds at which mandatory EIA was required and at which a planning application is required (i.e. lowering the exempted development thresholds).

Notwithstanding these proposals, the European Commission announced in February 2011 that it is referring Ireland back to the European Court of Justice for failing to implement the ruling. My Department, together with the Department of Agriculture, Fisheries and Food and in consultation with the Commission, is working intensively to develop appropriate proposals which will satisfy the Commission's concerns regarding full implementation of the judgment, and which will also be proportionate and capable of being operated effectively and efficiently by the farming community and local authorities. Both Departments have recently met with Commission officials on this matter.

Subject to further discussions with the Commission and other stakeholders, it is proposed to address the issues through a combination of amendments to the exempted development provisions of the Planning and Development Regulations, which will require a resolution of both Houses of the Oireachtas, and new enabling regulations made by the Minister for Agriculture, Fisheries and Food under the European Communities Act 1972. It is intended to finalise both sets of Regulations, together with accompanying guidance for farmers, planning authorities and other interested parties, in the coming weeks.