Agri-Environmental

Farming and environmental matters Much general environmental legislation has a direct impact on farming.  This ranges from water pollution legislation and fisheries protection legislation to general legislation protecting and designating certain parts of the environment for protection. Fisheries legislation creates offences in relation to water pollution.  Prosecutions may be made by An Garda Siochana or Inland Fisheries Ireland who replaced the Regional Fisheries Boards.  There […]

Environmental Impact Assessment The European Communities (Environmental Impact Assessment) (Agriculture) Regulations apply to three different types of on-farm activities above certain thresholds: restructuring of rural land holdings commencing to use uncultivated land or semi-natural areas for intensive agriculture and land drainage works on lands used for agriculture (excluding drainage or reclamation of wetlands). Where the activities are likely to have a significant effect on the […]

Cross Compliance The EU basic payment scheme contains cross-compliance obligations. They relate in particular to good agricultural and environmental conditions. The Department of Agriculture, Food and the Marine, as the EU-accredited Paying Agency, has the primary responsibility to ensure that the required level of Cross Compliance inspections are carried out and for fixing any sanctions to be applied. In general, the rate of on-farm inspection […]

Planning Permission Requirement Planning permission is required whenever there are “works” to or a “material change of use” of property.  The definition of works for the purpose of planning permission is very broad. “Works” include carrying out any building, engineering, mining, or other operations in, under, or over land. A material change of use is a matter of interpretation of the entire circumstances.  Whether a […]

EIA Requirements Environmental impact assessment requirements derive form European Union law and are binding on the organs of the State including, local authorities.  Local authorities require approval from Bord Pleanála of its environmental impact assessment.  The Board may grant or refuse approval or attach conditions. Certain development  requires an environmental impact assessment below certain thresholds, only if it would be likely to have significant effects […]

Enforcement of Planning Law The Local Authority has extensive powers to enforce breaches of planning law. In addition, any individual can apply to enforce planning law in the Circuit or High Court by way of a court order to enforce planning breaches. It is not necessary that the individual has any interest in the enforcement, although they usually will. The Local Authorities have powers to […]

Habitats Directive The EU Habitats Directive provides for a network of special areas of conservation and for special protection areas. The sites were designated by the Department under a procedure. Sites can be added. Many of the restrictions and controls that apply to a designated site also apply to some types of proposed sites. The Habitats Directive required the Member States to take actions to […]

General The measures to implement the Habitats Directive are generally preventative. Under the Irish Constitution, the general position is that private landowners are not required to meet the expenditure for public purposes where they are not undertaking some new activity or development. It is lawful for conditions to apply to planning permissions requiring substantial expenditure, which the landowner would not wish to do if given […]

Drainage and floodwater Local authorities may maintain and improve the surface water drainage network to prevent flooding and facilitate conservation. The local authority legislation permits the Minister for the Environment to make an order for authorities to form joint drainage committees. The Office of Public Works manages schemes under the Arterial  Drainage Act. Drainage schemes are prepared by the office of public works, which is […]

Forestry Management The Forestry Act 2014 updates the legislation in relation to forestry.  It repeals the Forestry Act 1946 and previous legislation.  The Act provides for the functions of the Minister and gives powers to protect forest from a range of risks and threats, including fire, disease, and vermin.  Enforcement measures by the way of penalties and prosecutions are provided for. The Forestry Acts give […]