James Browne (Wexford, Fianna Fail)
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490. To ask the Minister for Agriculture, Food and the Marine the position regarding the land designation assigned to agricultural lands that have a commissioned solar farm installation under the land parcel identification system, and the pro rata availability of land, with a commissioned solar farm, under the basic payment system-greening payment and other area aid schemes; and if he will make a statement on the matter. [17072/16]

Michael Creed (Cork North West, Fine Gael)
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Support under the Basic Payment Scheme (BPS) is payable upon activation of an eligible hectare per payment entitlement. In general terms for both BPS and Greening and other area based schemes an eligible hectare is one that is used for an agricultural activity or, where the area is also used for a non-agricultural activity, is predominantly used for such activities. An area is predominantly used for agricultural activity if that activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity. While cases involving solar panels will be examined on an individual basis, the area covered by the solar panels will be deemed ineligible for the purposes of claiming BPS, in line with advice from EU Commission. Furthermore, in line with the Department’s current approach on land eligibility, where the area of a parcel covered by solar panels is 70% or greater of the overall parcel, that parcel will be wholly ineligible. If less than 70% is covered by solar panels and the agricultural activity is not hampered by the presence of the solar panels, the area not covered by solar panels may be eligible.

Finally it is important to note that all agricultural land used to claim BPS must be owned/leased, used and managed by the applicant. If the applicant is not the owner of the land, they must have a lease or rental agreement in place with the owner of the land. There must be independent and suitable access for animals and/or machinery for the farming enterprise being conducted. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land, or over land which is subject to a lease or rental agreement to another person, is not acceptable.