Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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Question 461: To ask the Minister for the Environment, Community and Local Government the reason Bord Na Móna is exempt from all legislation in relation to turf and peat extraction; and if he will make a statement on the matter. [10676/12]

Jan O'Sullivan (Limerick City, Labour)
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Under the Planning and Development Acts 2000 - 2011, all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Article 6 and Schedule 2 of the Planning and Development Regulations, 2001 set out certain classes of development which are exempt from planning permission requirements. The exemptions are circumscribed by article 9, which places a number of general qualifications on the availability of exemptions: e.g. where the development would impact on a national monument.

Article 13 of the Planning and Development (Amendment) (No. 2) Regulations 2011 amended Class 17 of Schedule 2, Part 3 of the Regulations to provide that peat extraction in a new or extended area of less than 10 hectares is exempted development for the purposes of the Planning Acts.

However, section 17 (b) of the Environmental (Miscellaneous Provisions) Act 2011 amended section 4(4) of the Planning and Development Act, 2000 to provide that development is not be exempted development if an environmental impact assessment or an appropriate assessment of the development is required.

The extraction of peat in the course of business which involves an area exceeding 50 hectares is an integrated pollution prevention and control (IPPC) activity licensable by the Environmental Protection Agency under the Environmental Protection Agency Acts 1992 to 2011.

There is no general planning exemption for development undertaken by Bord Na Móna.