Screening & Assessment

Table of Contents

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 environment, a full EIA will be required.

EIAs are required by EU law, which is binding in the State. The State assists farmers in considering whether an EIA might be required for proposed works. Screening is also required where a site subject to EU-derived protection is affected.

Thresholds

Screening applies to the restructuring of rural land holdings commencing to use uncultivated land or seminatural areas for intensive agriculture and land drainage works and land use for agriculture. Thresholds and exemptions apply for the prior screening. Screening is required in respect of land drainage works and land use for agriculture above 15 ha.

Where the activity does not exceed the size thresholds but requires consent or is a notifiable action in relation to a European site (SAC SPA or NHA ), screening is also required.

Projects not captured by the screening criteria set can proceed without Department approval. Screening is a cost-free process whereby the Department of Agriculture, Food and the Marine (DAFM) examines the proposed activities for environmental impact to determine if the activities can proceed without the need for an Environmental Impact Assessment (EIA).

Screening is required where the published thresholds and criteria are exceeded. The thresholds are set out in the legislation and guidance.

If the works exceed the threshold for mandatory environmental impact assessment following the screening, an environmental impact assessment is required, and the work may not proceed without the Department of Agriculture Food and Marine’s consent.

Consent Application

The application for consent must be accompanied by an environmental impact statement and, where required, a Natura impact statement. For example, an environmental impact assessment is mandatory for land drainage other than wetlands used for agriculture above 50 ha.

The environmental impact statement must contain certain information, and professional assistance is usually required. A description of the activity outline of alternatives and impact on the environment must be described. Measures to avoid, reduce and offset the adverse effect should be set out.

The Department of Agriculture will consider the application, having consulted with other bodies and considering the environmental impact statement. It may serve a prohibition notice if works are done in breach of the obligations. Breach of the obligation is an offence.

SAC SPA & Assessements

Where a development may indirectly affect a designated or proposed special area of conservation, European site of interest or special protection area, an environmental impact assessment or equivalent assessment may be required. Planning permission may not be given if it would adversely affect a protected site. Permission is only allowed for imperative reasons of overriding public interest.

There is an initial preliminary screening in relation to whether a full appropriate assessment is required. If work or a change would have a significant effect on the European site, a full assessment is required. Following a full assessment, permission may only be given if the authority has the terms that will not adversely affect the integrity of this site concerned.

At the screening stage, the question is whether the plan or application would have a significant effect on one of the above sites. If this cannot be excluded, then a fully appropriate assessment is required.

Appropriate Assessment

Under the birds and natural habitats regulations, there is an obligation on planning authorities to screen for appropriate assessment of applications for permission in relation to European sites.

The requirement also applies where public authorities, which would not require planning permission, propose to undertake a project or works which is not directly connected or necessary for the management of the site as a European site. The authority must carry out screening for appropriate assessment before consent is given.

States must subject any plan or project which might have significant effects on the site, either by itself or in combination with others, to an appropriate assessment. This involves the review of all aspects of the project plan which could affect the site’s conservation objectives. They must be identified in light of the best scientific knowledge in the field. The concept of a plan or project is wide.

A plan or project may only be permitted if the appropriate assessment ascertains they do not significantly adversely affect the integrity of the site. It may be necessary to consult with the public. The project is permitted only if there is a high degree of certainty that will not adversely affect the site.

AA Guidance for Planning

Guidance for planning authorities on Appropriate Assessment of plans and projects in Ireland is published by the Department of Environment, Heritage and Local Government. It sets out the different steps and stages that are needed to establish whether a plan or project can be implemented without adversely affecting the integrity of a Natura 2000 site.

The guidance addresses issues of mitigation and avoidance of impacts, and also the Article 6(4) derogation provisions for circumstances in which there are no alternatives and for which there are imperative reasons of overriding public interest (IROPI) requiring a plan or project to proceed.

Where a plan or project is subject to planning permission, the criteria are worked into the planning controls. In the case of local authority development, which is usually exempted, it is part of the special consultation procedure in respect of local authority developments which may also be subject to environmental impact assessment and certain other procedures.

Certain regulatory bodies with environmental responsibilities must also implement the requirements. There is a range of non-planning type legislation where the consent of the body from the Minister/Department is required, e.g. foreshore licences and drainage.

National & EU Guidance

National guidance for planning authorities on Appropriate Assessment of plans and projects in Ireland was published by the Department of Environment, Heritage and Local Government (DEHLG) in 2009. It was updated in 2010 by replacing the term “Statement for Appropriate Assessment” with “Natura Impact Statement” or “NIS”.

This guidance is intended to assist and guide planning authorities in the application of Article 6(3) and 6(4) of the Habitats Directive as it relates to their roles, functions and responsibilities in undertaking Appropriate Assessments of plans and projects. It applies to plans and projects for which public authorities receive an application for consent, and to plans or projects which a public authority wishes to undertake or adopt.

It sets out the different steps and stages that are needed to establish whether a plan or project can be implemented without adversely affecting the integrity of a Natura 2000 site.

This guidance was prepared jointly by the NPWS and Planning Divisions of DEHLG, with input from local authorities. It preceded, but anticipated, the legislation which now transposes the Birds and Habitats Directives in Ireland, i.e. the European Communities (Birds and Natural Habitats) Regulations 2011, and parallel provisions relating to Appropriate Assessment in planning legislation (i.e. Part XAB of the Planning and Development Act, 2000 as amended and associated Regulations).

The European Commission has also published guidance on Article 6 of the Habitats Directive, including on Appropriate Assessment Screening. Please see the guidance documents: Assessment of plans and projects significantly affecting Natura 2000 sites (November 2001) and Managing Natura 2000 sites.

Activities Requiring Consent

Activities requiring consent (ARCs) are specific activities which have the potential to damage a Special Area of Conservation (SAC) or Special Protection Area (SPA). SACs and SPAs are collectively termed ‘European sites’ or ‘Natura 2000 sites.

A list of 38 ARCs has been established, ranging from “Reclamation, including infilling” to “Lighting up caves, buildings or other places used by bats for roosts”. The particular ARC or ARCs attached to a European Site depends on the habitats and/or species for which the site is protected.

ARCs are not prohibited activities but before being carried out, consent must be granted by the Minister for Culture, Heritage and the Gaeltacht (‘the Minister’) or by another relevant public authority to which the consent function for that activity falls.

This prior consent requirement ensures that the Minister (or the relevant competent authority) carries out the necessary environmental assessment to determine if the activity can take place and if any conditions should be attached to any consent given.

It is an offence to carry out an ARC without prior consent.

Published List

The list published by the Department is as follows

Reclamation, including infilling.
Stocking or re-stocking with fish.
Blasting, drilling, dredging or otherwise removing or disturbing fossils, rock, minerals, mud, sand, gravel or other sediment.
All activities relating to turf cutting and/or peat extraction.
Cutting, uprooting or otherwise removing plants. [Consent is not required for harvesting of cultivated crops, or for grazing or mowing.]
Introduction, 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.]
All activities relating to turf cutting and/or peat extraction. [Consent is not required to continue domestic turf cutting from existing turf banks.]
Undertaking scientific research involving the collection and removal of biological material.
Construction or alteration of tracks, paths, roads, bridges, culverts or access routes.
Construction, 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.]
Digging, 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.]
Applying 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.]
Applying 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.]
Storage, 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.]
Burning, 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.]
Modification of caves and/or their entrances.
Agricultural improvement of heath or bog.
Application 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.]
Supplementary 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.]
Significant 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.]
Grazing of livestock between 1st April and 31st October on traditional winterages.
Changing of agricultural use from hay meadow to any other use.
Mowing 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.]
Works on, or alterations to, the banks, bed or flow of a drain, watercourse or waterbody.
Drainage works including digging, deepening, widening or blocking a drain, watercourse or waterbody.
Entry of livestock or machinery into stretches of river containing, or upstream from, freshwater pearl mussels.
Water abstraction, sinking of boreholes and wells.
Felling of trees or removing timber, including dead wood.
Planting of trees or multi-annual bioenergy crops.
Any activity intended to disturb birds, including by mechanical, air, gas, wind-powered or audible means.
Developing or consenting to the development or operation of commercial recreational/visitor facilities or organised recreational activities.
Recreational use of an off-road vehicle.
Using or permitting the use of land for car parking where it may damage the vegetation, soil or substrate.
Alteration, renovation or removal of buildings, ruins or other structures.
Undertaking active acoustic surveys in the marine environment.
Harvesting marine invertebrate species in intertidal areas.
Driving mechanically propelled vehicles in intertidal areas, except over prescribed access routes.
Lighting up caves, buildings or other places