ICMSA: New regulations for routine land management make no sense

FARMERS say it makes no sense to impose planning regulations on routine daily maintenance of land drainage systems.

ICMSA deputy president John Comer said farmers want an appeals mechanism to accompany the EU-led legislation signed this week by Environment Minister Phil Hogan and Agriculture Minister Simon Coveney.

In particular, the ICMSA wants a detailed guidance document for the new laws, explaining the screening process in which an environmental impact assessment (EIA) would be required — potentially the most costly threat of the legislation.

The regulations demand that farmers notify the planning authorities and seek permission in relation to land drainage, restruct-uring of land and the use of uncultivated land, semi-natural areas for intensive agricultural purposes and drainage of wetlands.

The rules arise out of a European Court of Justice ruling.

“Farmers expected more consultation on regula-tions which will have a significant permanent impact on farming activity. The low thresholds in the regulations represent yet another layer of bureaucracy in terms of screening, consent and the requirement for formal planning applications for work long considered normal,” Mr Comer said.

“The ICMSA is especially alarmed by the fact that no provisions are contained within the regulations for an appeal mechanism to the screening process and we have formally proposed to the department that this lack of an appeals mechanism must be rectified.”

He singled out for particular criticism the provision for third-party involvement in the review process, saying it will result in unnecessary costs and delays to farming activities.

With regard to the EIA, Mr Comer said that he doesn’t want the process “turned into an industry”. He said ICMSA will look for detailed guidelines to ensure the number of EIAs demanded by the department is kept to a minimum.

He said: “In relation to drainage, there are significant tracts of agricultural land in the country that has been drained by systems dating back to the 19th century.

“These field drainage systems require not alone routine maintenance but often partial or total replacement and this type of normal drainage work must not be included in the thresholds now being put in place.”