Michael Healy-Rae (Kerry, Independent)
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789. To ask the Minister for Agriculture, Food and the Marine the status of a penalty on a basic payment scheme payment for a person (details supplied); and if he will make a statement on the matter. [22893/16]

Michael Creed (Cork North West, Fine Gael)
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The person named was the subject of a Nitrates inspection on 31 March 2015, carried out by my Department on behalf of the Department of Environment, Community and Local Government. This inspection identified non-compliances with the cross compliance requirements under the Nitrates Regulations relating to an Unlined Earth Banked Lagoon type facility leading to direct discharge of slurry and soiled water to ground water. As similar breaches under the Nitrates Regulations had been identified within the previous three years the regulatory provisions required that the rules on re-occurrence be applied and an additional penalty also applied as the breach was deemed to be intentional. This resulted in an overall penalty of 60% being applied against the 2015 Direct Schemes payments.

The person named was notified of this decision on 14 April 2015 and of their right to seek a review of this decision. I understand that to date no such request has been received by the Department, however the person named should contact their local District Inspector with details of the grounds for consideration in the review of the decision.

In the event that the person named is dissatisfied with the outcome of any such review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.