Environmental groups will be entitled to take legal action against member states if they believe the EU’s proposed nature restoration law is not being implemented in a timely or correct fashion.

The controversial EU legislation will require Ireland to restore 70% of its drained peatlands by 2050, with half this area required to be rewetted.

This potentially could affect close to 300,000ha of drained peatlands which are worked by around 40,000 farmers.

Senior European Commission officials confirmed to an Irish delegation in Brussels last week that an “access to justice” element of the proposed nature restoration law will specifically protect the rights of environmental groups to challenge member states on their plans for implementing the nature restoration law and the progress of those plans.

Details

Humberto Delgado Rosa, director of biodiversity at DG Environment, outlined details of the access to justice article to representatives from the Irish Natura and Hill Farmers Association (INHFA) and Sligo-Leitrim TD Marian Harkin.

Article 16 of the draft regulation states that “any non-government organisation (NGO) promoting environmental protection and meeting any requirements under national law shall have rights capable of being impaired”.

Farmers fear that the access to justice article will effectively enable environmental groups to police the rewetting programme.

“This article will give NGOs promoting environmental protection the opportunity to object to any actions taken and actions not taken, that are deemed necessary to deliver on restoration targets. Such required actions could include the rewetting of farmed peatlands,” said INHFA president Vincent Roddy.

Objections

Such objections are likely to involve the NGO taking legal action against the State for not enforcing the regulation. The State will then have to act against the farmer, Roddy explained.

While recognising the need for regulation around environmental requirements, the INHFA leader said it was vital that the access to justice article was not abused.

Harkin said Article 16 of the proposed nature restoration law piled further pressure on farmers who are already facing the threat of having their lands rewet.