Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context

Question 193: To ask the Minister for Agriculture, Food and the Marine if farmers who have land in an environmentally designated area SAC, SPA, NHA may maintain existing drains and clean them when necessary without receiving permission from him or the local authority; and if he will make a statement on the matter. [2859/12]

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context

Question 194: To ask the Minister for Agriculture, Food and the Marine if farmers who have land in environmentally designated areas such as SAC, SPA and NHA require permission to clean and maintain existing drains; if permission is required, from whom must the permission be received; and if he will make a statement on the matter. [2860/12]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 193 and 194 together.

Drainage works that exceed 15 hectares on any type of farmland, irrespective of the location, require screening by my Department under the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011. Proposed works below this threshold require screening if the works may have a significant effect on the environment. These Regulations were introduced to satisfy a European Court of Justice Judgement against Ireland.

Cleaning of existing open drains is exempt from the Regulations and does not require screening. Installing field drains where there were drains in the past may require screening, depending on the size or environmental impact of the works involved.

If the proposed land drainage work is an activity requiring the consent of, or is a notifiable action to, the National Parks and Wildlife Service under existing Regulations in relation to an SAC, SPA or NHA, then that body may refer the applicant to my Department for Environmental Impact Assessment (EIA) screening.

The reclamation, infill or drainage of wetlands is subject to Local Authority planning permission under the Planning and Development (Amendment) (No. 2) Regulations 2011 and the European Communities (Amendment to Planning and Development) Regulations 2011.

A comprehensive guidance document on the new EIA regulations is now available on my Department's website.