Environmental impact appraisal to be adjusted

ENVIRONMENTAL impact assessment of projects such as restructuring of rural land holdings, use of uncultivated land or semi-natural areas for intensive agricultural purposes, and water management projects like irrigation and land drainage, are to be adjusted to remove shortcomings identified by the European Court of Justice.

The court found in November, 2008, that Ireland’s system of environmental impact assessment (EIA) for certain agriculture-related projects was over-reliant on size thresholds, and did not take into account other relevant criteria such as cumulative impacts of development, and proximity to sensitive sites.

The Department of the Environment, Heritage and Local Government responded to the European Commission last November, outlining its proposed legislative reforms to address the court judgement — including a significant lowering of thresholds at which mandatory EIA is required, and lowering of exempted development thresholds above which a planning application is required.

However, the commission said in February that it was referring Ireland back to the European Court of Justice for failing to implement the ruling. As a result, the Department of the Environment, together with the Department of Agriculture, and in consultation with the commission, has been working intensively to develop proposals which will satisfy the commission, and which will be proportionate and capable of being operated effectively and efficiently by the farming community and local authorities.

According to Junior Minister at the Department of Environment Willie Penrose, this process is likely to result in a combination of amendments to exempted development provisions, which will require a resolution of both houses of the Oireachtas, and new enabling regulations by the agriculture minister. It is intended to finalise these in the coming weeks, together with accompanying guidance for farmers, planning authorities and other interested parties.