Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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492. To ask the Minister for Housing, Planning, and Local Government if a site has extensive growth of an invasive species, and the landowner deliberately and recklessly disrupts and spreads the contaminated soil onto neighbouring properties, public footpath road; other sites, then, what does it take for the National Parks and Wildlife Service to take action to investigate and enforce relevant legislation to prosecute such offenders. [31810/25]

Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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493. To ask the Minister for Housing, Planning, and Local Government the policies in place that local authorities must comply with and enforce when a site with a planning application has significant non-native invasive species growth, specifically Japanese knotweed; the responsibilities of the planning authority for planning applications for such sites; the person or body responsible for ensuring that the planning application process complies with such policies; the measures must the planning authority adopt to monitor and evaluate that relevant policies are adhered to on the site (pre and post granting permission; and the person or body that is accountable when such policies are not upheld or not complied with. [31811/25]

Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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494. To ask the Minister for Housing, Planning, and Local Government if a site has extensive growth of invasive species, the conditions or stipulations that must be applied to the granting of permission prior to commencement of construction such as, should a knotweed management plan be mandated prior to construction especially when an expert report submission advocates for one. [31812/25]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 492, 493 and 494 together.

The National Parks and Wildlife Service (NPWS) of my Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011, both of which prohibit the spreading of invasive species. In addition, in July 2024, my Department led on the introduction of the European Union (Invasive Alien Species) Regulations 2024 which further strengthen the existing legislative framework, including by placing restrictions on trade in invasive species.

Under this legislative framework, responsibility for dealing with invasive alien species is a matter for the landowner. Much of the work in tackling invasive plant species such as knotweed happens at local level and is carried out by local authorities in their areas through their own biodiversity action plans. My Department does not generally have a role in the management or eradication of invasive species on privately owned lands other than as the regulatory authority for the invasive alien species legislation.

However, under the European Union (Invasive Alien Species) Regulations introduced last year (SI 374/2024) it is an offence to:

(a) introduce into the State, (b) keep, including in contained holding, (c) breed, including in contained holding, (d) import into, export from or transport within the State, except for the transportation of species to facilities in the context of eradication, (e) place on the market, (f) use, exchange or offer for exchange, (g) permit to reproduce, grow or cultivate, including in contained holding, or (h) release into the environment,

an invasive alien species.

Furthermore, it is an offence to release a vector material into the environment.

Where there is a contravention of these Regulations, the authorities should be notified so that the matter may be investigated further.

Summary proceedings for offences under the Regulations may be brought by –

(a) the Minister,

(b) a competent authority in the State,

(c) a member of the Garda Síochána.

When considering an application for planning permission, a planning authority is required by law to consider the matters set out in Section 34 of the Planning and Development Act 2000. This includes having regard to Section 34(e) relating to conditions for requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land. In making decisions in respect of a planning application, a planning authority must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received from the public and the statutory consultees, and any relevant Ministerial or Government policies, including any guidelines issued by the Department.

Under the provisions of Part VIII of the Planning and Development Act, 2000, as amended, the enforcement of development management is a matter for the planning authority, which can take action if a development does not have the required permission or where terms of permission have not been met. Under section 154 of the 2000 Act, a planning authority may issue an enforcement notice in connection with an unauthorised development requiring such steps as the authority considers necessary to be taken within a specified period.

Any development or construction undertaken on foot of planning permission, must be undertaken in compliance with relevant national legislation, including the legislative framework around invasive alien species.