Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 31: To ask the Minister for Agriculture, Fisheries and Food if he is satisfied with the new regulations covering the reclamation of land; and if he will make a statement on the matter. [27697/11]

Simon Coveney (Cork South Central, Fine Gael)
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On Thursday 8 September 2011, I signed into law the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011 (S.I. No. 456 of 2011) to address the findings of the European Court of Justice against Ireland in the manner that the Environmental Impact Assessment (EIA) Directive (85/337/EEC), as amended, was transposed into Irish law. This followed intensive discussions held with the European Commission over the summer months.

The Court found that Ireland was over-reliant on size thresholds and did not take other relevant criteria, such as the cumulative impacts of development, the location of the development or activity relative to sensitive sites etc, into account.

The Regulations relate to three categories of projects -

restructuring of rural land holdings,

the use of uncultivated land or semi-natural areas for intensive agriculture, and

land drainage works on lands used for agriculture

These Regulations provide for a screening and consent system that will not only satisfy the requirements of the Directive but will also provide a practical and workable solution for farmers. They also ensure that Ireland should not be open to the imposition of very large daily fines for non compliance with the European Court of Justice finding.

There will be no cost involved in applying for a screening decision. It will be a relatively straightforward process and each application will be adjudicated upon on a case by case basis in a timely manner, taking into account the relevant criteria outlined in the Directive.

Mandatory Environmental Impact Assessments will only be required for larger projects which are above specific thresholds set out in the Regulations.

Activities under the screening thresholds set out in the Regulations that do not have an adverse impact on the environment, can proceed without having to be screened by my Department. Above these thresholds farmers will have to apply for screening to see whether the proposed activity can proceed or if it will require an Environmental Impact Assessment to be carried out.

The Regulations will be underpinned by a comprehensive guidance document, a draft of which has been published for public consultation. The closing date for the consultation phase is Friday 21 October 2011.