The Department of Agriculture has reminded farmers that hedgerows, trees in a line and drains/ditches are designated as landscape features and must not be removed illegally.
Under the EU’s Good Agricultural and Environmental Condition (GAEC) 7, farmers are obliged to retain and maintain designated landscape features.
Field boundaries such as hedgerows, stone walls and clay banks are also protected under the Environmental Impact Assessment (Agriculture) Regulations. Any restructuring works on these features may require screening and approval by the Department.
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Screening
The EIA regulation sets down the requirements for when screening and approval of certain works on farms including the removal of hedgerows is required:
If the length of field boundary to be removed is greater than 500m or the area of lands to be restructured by removal of field boundaries is above 5ha.
If the proposed activity is within, is near or may affect a proposed natural heritage area (NHA) or nature reserve.
If the proposed activity may have a significant effect on the environment. In assessing whether the development is likely to have a significant effect on the environment, the person concerned must consider matters such as the relative abundance of the habitat in the area (which may be lost as a result of the proposed works).
If the proposed activity is identified as ‘requiring consent’ or is a ‘notifiable action’ in a European site (eg SAC or SPA) or an NHA. In such circumstances, the National Parks and Wildlife Service (NPWS) may direct a landowner to apply for screening in the case of sub-threshold works that have been brought to their attention.
If the proposed activity may impact on an archaeological monument, the National Monuments Service may direct a landowner to apply for screening in the case of sub-threshold works that have been brought to their attention.
Penalties
In issuing the reminder, the Department also added where hedgerow removal is deemed to have occurred in breach of EIA screening requirements:
Land will be subject to inspection by Department officials.
Reinstatement and/or mitigation works will be required and enforced and prosecution may occur.
Works carried out will be reported to relevant divisions within the Department including the Basic Payment Scheme.
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The Department of Agriculture has reminded farmers that hedgerows, trees in a line and drains/ditches are designated as landscape features and must not be removed illegally.
Under the EU’s Good Agricultural and Environmental Condition (GAEC) 7, farmers are obliged to retain and maintain designated landscape features.
Field boundaries such as hedgerows, stone walls and clay banks are also protected under the Environmental Impact Assessment (Agriculture) Regulations. Any restructuring works on these features may require screening and approval by the Department.
Screening
The EIA regulation sets down the requirements for when screening and approval of certain works on farms including the removal of hedgerows is required:
If the length of field boundary to be removed is greater than 500m or the area of lands to be restructured by removal of field boundaries is above 5ha.
If the proposed activity is within, is near or may affect a proposed natural heritage area (NHA) or nature reserve.
If the proposed activity may have a significant effect on the environment. In assessing whether the development is likely to have a significant effect on the environment, the person concerned must consider matters such as the relative abundance of the habitat in the area (which may be lost as a result of the proposed works).
If the proposed activity is identified as ‘requiring consent’ or is a ‘notifiable action’ in a European site (eg SAC or SPA) or an NHA. In such circumstances, the National Parks and Wildlife Service (NPWS) may direct a landowner to apply for screening in the case of sub-threshold works that have been brought to their attention.
If the proposed activity may impact on an archaeological monument, the National Monuments Service may direct a landowner to apply for screening in the case of sub-threshold works that have been brought to their attention.
Penalties
In issuing the reminder, the Department also added where hedgerow removal is deemed to have occurred in breach of EIA screening requirements:
Land will be subject to inspection by Department officials.
Reinstatement and/or mitigation works will be required and enforced and prosecution may occur.
Works carried out will be reported to relevant divisions within the Department including the Basic Payment Scheme.
If you would like to speak to a member of our team, please call us on 01-4199525.
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