Mattie McGrath (Tipperary South, Independent)
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460. To ask the Minister for Agriculture, Food and the Marine if he will review the impact of current burning restrictions under the Wildlife Act 1976 on upland farmers, particularly in relation to CAP payment eligibility, and consider introducing a regulated application process similar to the EIA legislation for hedgerow removal; and if he will make a statement on the matter. [67705/25]

Martin Heydon (Kildare South, Fine Gael)
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Land eligibility under the Basic Income Support for Sustainability (BISS) and other area-based schemes, is governed by both EU Regulations and Ireland's CAP Strategic Plan. For a land parcel to be eligible under the BISS scheme, agricultural activity must be occurring on that parcel. Agricultural activity is the use of the parcel to produce agricultural products, such as livestock rearing and fattening, milk production, the growing of fodder crops (silage, hay), tillage and energy crops or involve the maintenance of the agricultural area.

The definition of agricultural activity considers the physical limitations that certain parcels can be constrained by, in particular hill and upland parcels. Acknowledging the limitations that parcels may be subject to, certain maintenance activities, if carried out correctly, will qualify as an agricultural activity. Controlled burning of land carried out at the correct time of the year is one such activity but should be seen as an activity of last resort, having exhausted all other alternatives.

In terms of controlled burning, lands will remain eligible where controlled burning has been carried out at the right time of the year (between 1st September and 28th February) in full compliance with all relevant environmental legislative requirements and any other lawful requirements, having first consulted with and notified An Garda Síochána and the local fire service. In the case of Natura lands (lands designated as SAC and/or SPA) or NHA lands, prior approval must be obtained through the Activities Requiring Consent (ARC) system as implemented by National Parks and Wildlife Services (NPWS), DAFM or Local Authority.

Land burned at the wrong time of the year or carried out in an uncontrolled manner is ineligible for payment.

Agricultural Activity, including controlled burning is governed by EU Regulations, Ireland’s CAP Strategic Plan and national legislation including the Wildlife Act 1976 and there are no plans foreseen to review the current land eligibility rules including controlled burning.