Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

621. To ask the Minister for Arts, Heritage and the Gaeltacht if farmers in special areas of conservation will be permitted to clear scrub off their lands to avoid ineligible area penalties without the requirement for planning or any other approval; and if she will make a statement on the matter. [9910/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Eligibility conditions under the basic payment scheme are a matter for the Department of Agriculture, Food and the Marine. There are specific provisions in relation to habitats in designated lands and this is elaborated on in the 2015 guidance produced by that Department. Full details of the guidance of the Department of Agriculture, Food and the Marine are available at:

.

Under Section 40 of the Wildlife Acts, the burning of vegetation between 1 March and 31 August is prohibited. It is important to note that land may be considered ineligible for payment by the Department of Agriculture, Food and the Marine if it is burned without appropriate plans or consent, or outside the dates prescribed under the Wildlife Acts.

Natura 2000 is a network comprised of special areas of conservation and special protection areas. My Department understands that land within Natura sites is eligible for payment under the basic payment scheme, provided that the land:

(a) is being actively farmed and managed to deliver the ecological objectives of the site in question,

(b) was claimed under the 2008 single payment scheme and was eligible for payment under that scheme; and

(c) has since become ineligible as a result of the management requirements or ecological objectives of the Natura site.

If farmers wish nonetheless to carry out scrub removal in Natura sites, they may require consent.

There is no requirement to obtain my consent as Minister for Arts, Heritage and the Gaeltacht if:

a) the activity is licensed by or subject to the permission of another public authority; or

b) the activity is specified as permitted in a farm or land management plan (subject to compliance with any conditions set out therein).

In practice, farmers wishing to clear scrub in Natura sites should contact my Department’s National Parks and Wildlife Service prior to carrying out such work to establish what requirements may apply.