Éamon Ó Cuív (Galway West, Fianna Fail)
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455. To ask the Minister for Agriculture, Food and the Marine if a decision on an appeal by a person (details supplied) in County Galway with regard to an overclaim has been issued; if so, the outcome of the decision; and if he will make a statement on the matter. [28079/18]

Michael Creed (Cork North West, Fine Gael)
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The conditions relating to land eligibility under the BPS are set out annually in the Basic Payments Terms and Conditions Booklet as well as in the 2015 Guide to Land Eligibility booklet.  Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and therefore it is not eligible, except where controlled burning is carried out.

As the Deputy is aware, my Department actively investigates incidents of illegal burning using satellite imagery.  It is specified in the BPS Terms and Conditions that under the Wildlife Acts, growing vegetation cannot be burnt between 1^stMarch and 31^stAugust of any given year, on any land not yet cultivated.

As part of the process of determining land eligibility, parcels declared by the person named on his 2017 BPS application have been identified as having been burned outside of the permitted timeframes.  Accordingly, such lands are not eligible for the purpose of a BPS payment and this has created an overclaim on the named person’s  BPS application.  The overclaimed land has been excluded from the named person's BPS application and he was paid on the remaining eligible hectares.

My Department received an appeal from the person named on 22 February 2018.  This appeal was reviewed by my Department and additional information was requested from the person named – this information was received on 15 June 2018 and is currently being examined.  A decision will issue directly to the person named shortly.

Éamon Ó Cuív (Galway West, Fianna Fail)
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456. To ask the Minister for Agriculture, Food and the Marine if a decision on an appeal by a person (details supplied) in County Galway with regard to an overclaim has been issued; if so, the outcome of the decision; and if he will make a statement on the matter. [28080/18]

Michael Creed (Cork North West, Fine Gael)
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The conditions relating to land eligibility under the BPS are set out annually in the Basic Payments Terms and Conditions Booklet as well as in the 2015 Guide to Land Eligibility booklet.  Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and therefore it is not eligible, except where controlled burning is carried out.

As the Deputy is aware, my Department actively investigates incidents of illegal burning using satellite imagery.  It is specified in the BPS Terms and Conditions that under the Wildlife Acts, growing vegetation cannot be burnt between 1^stMarch and 31^stAugust of any given year, on any land not yet cultivated.

As part of the process of determining land eligibility, parcels declared by the person named on his 2017 BPS application have been identified as having been burned outside of the permitted timeframes.  Accordingly, such lands are not eligible for the purpose of a BPS payment and this has created an overclaim on the named person’s  BPS application.  The overclaimed land has been excluded from the named person's BPS application and he was paid on the remaining eligible hectares.

The person named submitted an appeal and following review my Department has decided to waive the administrative penalty associated with his 2017 BPS application.  However, the burnt land remains ineligible for payment.

The person named was informed of the decision on 12 April 2018 and was also given the opportunity to appeal this decision to the Agriculture Appeals Office. 

Éamon Ó Cuív (Galway West, Fianna Fail)
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457. To ask the Minister for Agriculture, Food and the Marine if a decision on an appeal by a person (details supplied) in County Galway with regard to an overclaim has been issued; if so, the outcome of the decision; and if he will make a statement on the matter. [28081/18]

Michael Creed (Cork North West, Fine Gael)
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The conditions relating to land eligibility under the BPS are set out annually in the Basic Payments Terms and Conditions Booklet as well as in the 2015 Guide to Land Eligibility booklet.  Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and therefore it is not eligible, except where controlled burning is carried out.

As the Deputy is aware, my Department actively investigates incidents of illegal burning using satellite imagery.  It is specified in the BPS Terms and Conditions that under the Wildlife Acts, growing vegetation cannot be burnt between 1^stMarch and 31^stAugust of any given year, on any land not yet cultivated.

As part of the process of determining land eligibility, parcels declared by the person named on his 2017 BPS application have been identified as having been burned outside of the permitted timeframes.  Accordingly, such lands are not eligible for the purpose of a BPS payment and this has created an overclaim on the named person’s BPS application.  The overclaimed land has been excluded from the named person's BPS application and he was paid on the remaining eligible hectares.

The person named submitted an appeal and following review my Department has decided to waive the administrative penalty associated with his 2017 BPS application.  However, the burnt land remains ineligible for payment.

The person named was informed of the decision on 12 April 2018 and was also given the opportunity to appeal this decision to the Agriculture Appeals Office.

Éamon Ó Cuív (Galway West, Fianna Fail)
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458. To ask the Minister for Agriculture, Food and the Marine if a decision on an appeal by a person (details supplied) in County Galway with regard to an overclaim has been issued; if so, the outcome of the decision; and if he will make a statement on the matter. [28082/18]

Michael Creed (Cork North West, Fine Gael)
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The conditions relating to land eligibility under the BPS are set out annually in the Basic Payments Terms & Conditions Booklet as well as in the 2015 Guide to Land Eligibility booklet.  Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and therefore it is not eligible, except where controlled burning is carried out.

As the Deputy is aware, my Department actively investigates incidents of illegal burning using satellite imagery.  It is specified in the BPS Terms & Conditions that under the Wildlife Acts, growing vegetation cannot be burnt between 1^stMarch and 31^stAugust of any given year, on any land not yet cultivated.

As part of the process of determining land eligibility, parcels declared by the person named on his 2017 BPS application have been identified as having been burned outside of the permitted timeframes.  Accordingly, such lands are not eligible for the purpose of a BPS payment and this has created an overclaim on the named person’s BPS application.  The overclaimed land has been excluded from the named person's BPS application and he was paid on the remaining eligible hectares.

The person named submitted an appeal and following review my Department has decided to waive the administrative penalty associated with his 2017 BPS application.  However, the burnt land remains ineligible for payment.

The person named was informed of the decision on 12 April 2018 and was also given the opportunity to appeal this decision to the Agriculture Appeals Office.