{"id":18897,"date":"2022-10-01T21:03:40","date_gmt":"2022-10-01T21:03:40","guid":{"rendered":"http:\/\/legalblog.ie\/?p=18897"},"modified":"2022-10-02T19:15:03","modified_gmt":"2022-10-02T19:15:03","slug":"agri-environmental-14-22","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/agri-environmental-14-22\/","title":{"rendered":"Agri-Environmental 14-22"},"content":{"rendered":"<p>Environmental Impact Assessment<\/p>\n<p>The Environmental Impact Assessment (EIA) (Agriculture) Regulations (S.I. 456 of 2011) came into force on 8 September 2011. The Regulations apply to three di\ufb00erent types of activities;<\/p>\n<p>\u2022 Restructuring of rural land holdings (including hedge removal)<br \/>\n\u2022 Commencing to use uncultivated land or semi-natural areas for intensive agriculture<br \/>\n\u2022 Land drainage works on lands used for agriculture. 2<\/p>\n<p>Terms and Conditions<\/p>\n<p>Where a farmer intends to undertake any of these activities and the proposed works exceed the size threshold for screening set out in the following table he\/she must make an application to the Department giving details of the works. Screening is the process whereby the Department consider, without charge, if any signi\ufb01cant environmental impacts may arise as a result of the activity. The Department will consider the application and let the applicant know whether he\/she can proceed with the intended work or whether there is a need to apply for a more in depth assessment (consent process which must be accompanied by an Environmental Impact Statement and\/or Natura Impact Statement).<\/p>\n<p>Thresholds for screening applications and mandatory EIA<\/p>\n<p>Restructuring of rural land holdings<br \/>\n&#8211; Length of field boundary to be removed<\/p>\n<p>Screening by DAFM required Above 500 metres<\/p>\n<p>mandatory EIA\u00a0Above 4 kms<\/p>\n<p>Area of lands to be restructured by removal of field boundaries<\/p>\n<p>Screening by DAFM\u00a0Above 5 hectares<\/p>\n<p>mandatory EIA\u00a0Above 50 hectares<\/p>\n<p>Recontouring (within farm holding)<\/p>\n<p>Screening by DAFM required\u00a0Above 2 hectares<\/p>\n<p>mandatory EIA Above 5 hectares<\/p>\n<p>Commencing to use uncultivated land or semi- natural areas for intensive agriculture<\/p>\n<p>Screening by DAFM required\u00a0Above 5 hectares<\/p>\n<p>mandatory EIA Above 50 hectares<\/p>\n<p>Land drainage works on lands used for agriculture<\/p>\n<p>Screening by DAFM required Above 15 hectares<\/p>\n<p>mandatory EIA\u00a0Above 50 hectares<\/p>\n<p>Areas (or lengths) of works undertaken in any one year or the sum of such areas (or lengths) over a \ufb01ve year period, beginning on the 8 September 2011.<\/p>\n<p>If the proposed activity does not exceed the size thresholds but is an activity identi\ufb01ed as \u2018requiring consent\u2019 or is a \u2018noti\ufb01able action\u2019 in a European site (e.g. SAC or SPA) or a National Heritage Area, screening by the Department may also be necessary. In such circumstances the National Parks and Wildlife Service may in certain cases direct the applicaiton to apply to this Department for screening in the case of works that have been brought to their attention and are below the thresholds shown above. This will similarly apply where the activity may impact on a recorded monument. In such cases, the National Monument Service may direct you to apply for screening to this Department.<\/p>\n<p>If the proposed works are to be carried out within (or may a\ufb00ect) a proposed NHA or a nature reserve or may have a signi\ufb01cant e\ufb00ect on the environment, you will need to apply to the Department for screening.<\/p>\n<p>Areas of Natural Constraints (ANC) and Areas of Speci\ufb01c Constraints (Islands)<br \/>\nThe 2015 Areas of Natural Constraint Scheme replaced the previous Disadvantaged Areas Scheme which was in operation since 2001.<\/p>\n<p>The scheme provides aid to those farmers whose farming enterprises are situated in ANC areas and who are making a signi\ufb01cant contribution to achieving the objectives of the Scheme, which are de\ufb01ned in the governing EU legislation as follows:<br \/>\n\u2022 To ensure continued agricultural land use and thereby contribute to the maintenance of a viable rural community;<br \/>\n\u2022 To maintain the countryside;<br \/>\n\u2022 To maintain and promote sustainable farming systems which, in particular, take account of environmental protection measures.<\/p>\n<p>Application for the Areas of Natural Constraints Scheme is made by ticking the relevant box on the Basic Payment Scheme (BPS) application form indicating an applicant\u2019s intention to be considered under the scheme.<\/p>\n<p>This Scheme forms part of the 2014-2020 Rural Development Programme and is co-funded by the European Union.<\/p>\n<p>Eligibility Conditions<\/p>\n<p>To be eligible for payment under the Areas of Natural\/Speci\ufb01c Constraints Scheme (ANC) an applicant must in their own right:<\/p>\n<ul>\n<li>Submit a valid Basic Payment Scheme and other Area-based Schemes application form by the annual deadline, con\ufb01rming by ticking the ANC applicant box, their application for Areas of Natural Constraints Scheme.<\/li>\n<li>Hold a valid Herd Number issued by the Department of Agriculture, Food and the Marine. Applicants are required to be a holder of a registered herd number or have applied to the Local DVO for a herd number on or before the closing date of scheme year in question.<\/li>\n<li>Occupy and farm in their own right and at their own risk a minimum of 3 hectares of ANC forage land (with the exception of Island land), situated in an area within the State designated as an Area of Natural Constraints by the Minister and classi\ufb01ed as Less Severely Handicapped Lowland or as More Severely Handicapped Lowland or as Mountain Type Land or as Areas of Speci\ufb01c Constraints.<\/li>\n<li>Undertake to farm, manage and pursue a farming activity on all land applied in the relevant scheme year, and adhere to the de\ufb01nition of an \u201cactive farmer\u201d, as de\ufb01ned in Article 9 of Regulation (EU) No. 1307\/2013.<\/li>\n<li>\u00a0Undertake to farm, manage and pursue a farming activity on all land applied on in the relevant scheme year, for the full calendar year. If an applicant is aware or becomes aware that any of the forage area situated in an Area of Natural\/Speci\ufb01c Constraints will not be available to them for the full calendar year in the relevant scheme year, that person is required to notify the Department immediately documenting the parcel numbers of each parcel concerned. Please see relevant paragraph in the BPS Terms and Conditions for details of the procedure to be followed in submitting the information.<\/li>\n<li>Comply with Cross Compliance requirements, as set down in relevant EU legislation (Directives and Regulations), and the standards for Good Agricultural and Environmental Condition (GAEC), in the areas of environment, climate change and good agricultural condition of land; public, animal and plant health and animal welfare. Articles 91 \u2013 94 of Regulation (EU) No. 1306\/2013 refer.<\/li>\n<li>Have a holding that meets the minimum stocking levels.<\/li>\n<li>Co-operate fully with Department sta\ufb00, or it\u2019s Agents, in relation to any inspection or any request for documentation.<\/li>\n<\/ul>\n<p>Applicants who are partners in a partnership, under Irish National Regulations, can continue to bene\ufb01t individually under the Scheme, based on the area of ANC land they contribute to the partnership. (Individual threshold limits will apply at measure level for registered partnership members).<\/p>\n<p>An application will not be accepted or approval may be withdrawn if, in the opinion of the Minister or his o\ufb03cials, it is established that an applicant arti\ufb01cially created the conditions required to obtain grant aid with a view to obtaining an advantage contrary to the objectives of the Scheme.<\/p>\n<p>Any subsequent changes to the elegibility conditions for the ANC Scheme will be published on the Departments website.<br \/>\nLivestock Units (LUs) Used to Establish Stocking Density 2<br \/>\n\u2022 Bovines over 2 years of age = 1 LU each;<br \/>\n\u2022 Bovines 2 years old and under = 0.6 LU each;<br \/>\n\u2022 Equines (Horses and Donkeys) appropriately registered in the applicant\u2019s name =<br \/>\n1.0 LU each;<br \/>\n\u2022 Female or Male Deer = 0.3 LU each;<br \/>\n\u2022 Female or Male Sheep = 0.15 LU each;<br \/>\n\u2022 Female or Male Goats = 0.15 LU each.<\/p>\n<p>The livestock required to establish the minimum stocking density must be possessed, held and maintained by the applicant on his\/her holding for a minimum continuous period of 7 months, in addition to also maintaining an annual average calculated over the 12 months of scheme year.<\/p>\n<p>AID available under Areas of Natural Constraints<\/p>\n<p>Aid is provided for based on eligible forage areas which are designated as More Severely Handicapped (lowland), Less Severely Handicapped (lowland) and Coastal Areas with Speci\ufb01c Handicaps or Mountain Type Grazing. The lands are required to be farmed for the full calendar year by the applicant and maintained in such a condition as to ensure the lands is suitable for grazing or cultivation.<\/p>\n<p>Holdings of Natural Constraints must meet the eligibility conditions as above.<\/p>\n<p>The scheme provides for payment as follows:<br \/>\n\u2022 Mountain Type Grazing: \u20ac109.71 on \ufb01rst 10 forage hectares, or part thereof, and<br \/>\n\u20ac95.99 per hectare on remaining hectares up to a maximum of 34 hectares*.<br \/>\n\u2022 More Severely Handicapped Lowland: \u20ac95.99 per forage hectare up to a maximum of 30 hectares.<br \/>\n\u2022 Less Severely Handicapped Lowland and Coastal Areas with Speci\ufb01c Handicaps:<br \/>\n\u20ac82.27 per forage hectare up to a maximum of 30 hectares.<br \/>\n* The top-up of \u20ac13.72 on the \ufb01rst 10 hectares of Mountain Type Grazing will only be paid to farmers, who maintain a sheep, cattle or goat enterprise or a combination of these enterprises.<\/p>\n<p>Farmers maintaining a combination of Mountain Type Grazing, More Severely Handicapped Lowland and\/or Less Severely Handicapped Lowland and Coastal Areas with Speci\ufb01c Handicaps, will be paid up to a maximum of 30 hectares except where the area of Mountain Type Grazing declared is between 30 and 34 hectares. In these cases, the payment will be based on the number of hectares of Mountain Type Grazing declared.<\/p>\n<p>The lands are required to be farmed for the full calendar year by the applicant and maintained in such a condition as to ensure the lands is suitable for grazing or cultivation.<\/p>\n<p>AID available under Areas of Speci\ufb01c Constraints<\/p>\n<p>A separate payment in respect of those farming o\ufb00-shore islands will apply. These islands are newly designated as Areas of Speci\ufb01c Constraints. An island for the purpose of the scheme is de\ufb01ned as an area of land situated o\ufb00-shore, which is not connected to the mainland by a permanent access route.<\/p>\n<p>The lands are required to be farmed for the full calendar year by the applicant and 2<br \/>\nmaintained in such a condition as to ensure the lands is suitable for grazing or cultivation.<\/p>\n<p>The scheme provides for payment as follows:<br \/>\n\u2022 \u20ac250 &#8211; Up to and including the \ufb01rst 20 hectares of Areas of Speci\ufb01c Constraints or part thereof<br \/>\n\u2022 \u20ac170 &#8211; Greater than 20 hectares or less than or equal to 34 hectares of Areas of Speci\ufb01c Constraints.<br \/>\n\u2022 \u20ac70 &#8211; Greater than 34 hectares or less than or equal to 40 hectares of Areas of Speci\ufb01c Constraints<br \/>\nPayment under the Areas of Speci\ufb01c Constraints category of ANC is subject to an overall maximum ceiling of 40 hectares.<\/p>\n<p>The entire holding will be treated as one for the purposes of payment under the 2015 Areas of Natural\/Speci\ufb01c Constraints Scheme.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-18897\" data-postid=\"18897\" class=\"themify_builder_content themify_builder_content-18897 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Environmental Impact Assessment The Environmental Impact Assessment (EIA) (Agriculture) Regulations (S.I. 456 of 2011) came into force on 8 September 2011. The Regulations apply to three di\ufb00erent types of activities; \u2022 Restructuring of rural land holdings (including hedge removal) \u2022 Commencing to use uncultivated land or semi-natural areas for intensive agriculture \u2022 Land drainage works [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[94],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/18897"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=18897"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/18897\/revisions"}],"predecessor-version":[{"id":18901,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/18897\/revisions\/18901"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=18897"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=18897"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=18897"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}