Michael Healy-Rae (Kerry South, Independent)
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Question 543: To ask the Minister for Agriculture, Food and the Marine the position regarding an appeal in respect of a person (details supplied) in County Kerry. [29524/12]

Simon Coveney (Cork South Central, Fine Gael)
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The person named has been a participant in the Rural Environment Protection Scheme (REPS 4) since June 2008 and has received payment for the first four years of the scheme, the latest payment having issued in December 2011. This payment was reduced to €5,679.29 following a penalty deduction of €3,223.57 as a result of breaches of the scheme which were discovered at inspection.

The farm of the person named includes a number of important beehive huts and has been designated a Natural Heritage Area by the National Parks and Wildlife Service (NPWS). Measure 7 of REPS 4 requires that a 20 metre buffer strip must be provided around features of historical and archaeological interest and that no ground disturbance or building is allowed within that strip. During an inspection visit in Autumn 2011, it was found that the person named had constructed a green house within the 20 metre buffer strip. As the person named had not followed the correct procedure of contacting the NPWS for permission to carry out such works, had not consulted with his REPS planner or informed the Department that such works were proposed, the Department's inspector advised the person named that a penalty would be imposed.

The person named was advised that he could appeal this decision and an appeal has been submitted to my Department. The appeal is being examined and an early response will issue in writing to the person named.