Written answers

Tuesday, 15 October 2019

Department of Culture, Heritage and the Gaeltacht

Compensation Schemes

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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661. To ask the Minister for Culture, Heritage and the Gaeltacht further to Parliamentary Question No. 529 of 8 October 2019, each specified activity in question; if the 2004 agreement provided for a payment for designation to reflect its effect on land values or a payment for the management of that land; if so, the payment provided per hectare; and the annual budget allocated for each year that the agreement operated. [42172/19]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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The total list of Activities Requiring Consent (ARCs) is provided in the table.  The ARCs listed for a Natura 2000 site are determined by the habitats/species that a site is selected for e.g. ARC 23 is only listed in SPA sites selected for the conservation of Corncrake.  Therefore the numbers of ARCS for each site will vary considerably.

ARC-01Reclamation, including infilling.
ARC-02Stocking or re-stocking with fish.
ARC-03Blasting, drilling, dredging or otherwise removing or disturbing fossils, rock, minerals, mud, sand, gravel or other sediment.
ARC-04All activities relating to turf cutting and/or peat extraction.
ARC-05Cutting, uprooting or otherwise removing plants. [Consent is not required for harvesting of cultivated crops, or for grazing or mowing.]
ARC-06Introduction, or re-introduction, of plants or animals not found in the area. [Consent is not required for the planting of crops on established reseeded grassland or cultivated land.]
ARC-07All activities relating to turf cutting and/or peat extraction. [Consent is not required to continue domestic turf cutting from existing turf banks.]
ARC-08Undertaking scientific research involving the collection and removal of biological material.
ARC-09Construction or alteration of tracks, paths, roads, bridges, culverts or access routes.
ARC-10Construction, removal or alteration of fences, stone walls, hedgerows, banks or any field boundary other than temporary electric fencing. [Consent is not required for normal maintenance.]
ARC-11Digging, ploughing, harrowing or otherwise disturbing soil or substrate. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 50m from a river, stream, floodplain, wetland, lake, turlough or pond.]
ARC-12Applying inorganic or organic fertiliser, including slurry and farmyard manure. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.]
ARC-13Applying lime. [Consent is not required for this activity on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.]
ARC-14Storage, burial, disposal or recovery of any materials. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.]
ARC-15Burning, topping, clearing scrub or rough vegetation or reseeding. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.]
ARC-16Modification of caves and/or their entrances.
ARC-17Agricultural improvement of heath or bog.
ARC-18Application of pesticides, including herbicides. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.]
ARC-19Supplementary feeding of livestock. [Consent is not required for this activity on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.]
ARC-20Significant changes in livestock density (including introduction of grazing), changes in livestock type or grazing season, other than on established reseeded grassland. [Consent is not required for changes of less than 20% in livestock density unless notice has been given that a lower percentage is applicable to a particular site.]
ARC-21Grazing of livestock between 1st April and 31st October on traditional winterages.
ARC-22Changing of agricultural use from hay meadow to any other use.
ARC-23Mowing of grass crops. [Consent is not required unless notice has been given that mowing on specified lands is likely to interfere with the breeding and reproduction of corncrakes during the period specified in the said notice.]
ARC-24Works on, or alterations to, the banks, bed or flow of a drain, watercourse or waterbody.
ARC-25Drainage works including digging, deepening, widening or blocking a drain, watercourse or waterbody.
ARC-26Entry of livestock or machinery into stretches of river containing, or upstream from, freshwater pearl mussel.
ARC-27Water abstraction, sinking of boreholes and wells.
ARC-28Felling of trees or removing timber, including dead wood.
ARC-29Planting of trees or multi-annual bioenergy crops.
ARC-30Any activity intended to disturb birds, including by mechanical, air, gas, wind powered or audible means.
ARC-31Developing or consenting to the development or operation of commercial recreational/visitor facilities or organised recreational activities.
ARC-32Recreational use of an off-road vehicle.
ARC-33Using or permitting the use of land for car parking where it may damage the vegetation, soil or substrate.
ARC-34Alteration, renovation or removal of buildings, ruins or other structures.
ARC-35Undertaking active acoustic surveys in the marine environment.
ARC-36Harvesting marine invertebrate species in intertidal areas.
ARC-37Driving mechanically propelled vehicles in intertidal areas, except over prescribed access routes.
ARC-38Lighting up caves, buildings or other places used by bats for roosts.

The 2004 agreement states “that a fair and proper level of compensation shall be paid for any costs or losses of income or value which result from restrictions on farming or other existing activities” and that “standard rates of compensation will be agreed where possible, calculated to provide reasonable support for landowners in implementing measures required to conserve particular habitats and species, and having regard to all compliance costs”.  Regulation 41 of the  European Communities (Birds and Natural Habitats) Regulations 2011 sets out, in section (1) (a) “Where the Minister refuses consent to an activity under Regulation 30, he or she shall, save for the reasons set out in paragraphs (5) and (6), pay to the owner or occupier or user as the case may be by way of compensation an amount equal to the loss suffered by the owner, occupier or user by the depreciation of an interest in the land to which he or she is entitled,” and that “Subject to subparagraph (b), the amount of compensation payable under paragraph (1) shall be determined by reference to the difference between the antecedent and subsequent value of the land or of an interest in the land consequent on the refusal, modification, variation, or revocation of consent”.

Rates for alterations to farming regimes to incentivise improved management of lands for biodiversity have been paid through the NPWS farm plan scheme since 2006.  Some bespoke plans calculated the actual cost of compliance while other plan types, typically for species, operated on the basis of standard rates.  These rates were not specified in the 2004 agreement.

Discussions are ongoing with the farming organisations with respect to reviewing the 2004 agreement.

The annual budgetary allocations to the NPWS farm plan scheme are provided in the following table, although some of the allocation figures from 10 years and more ago are not available.  I am pleased to confirm that as a result of Budget 2020 , I am doubling the allocation to the Farm Plan Scheme in 2020 to €1m.

YearBudgetary allocationActual expenditure
2006-€1.12m
2007-€1.73m
2008-€2.01m
2009-€2.44m
2010€5.10m€3.75m
2011€5.38m€4.40m
2012€5.14m€3.96m
2013€4.44m€3.45m
2014€3.14m€2.67m
2015€1.58m€1.42m
2016€0.93m€0.55m
2017€0.69m€0.55m
2018€0.51m€0.48m
2019€0.55m

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