Details of the process to appeal the categorisation of lands under the Good Agricultural and Environmental Condition 2: protection of wetlands and peatlands (GAEC) have been announced by the Department of Agriculture.

The categorisation of lands was introduced as part of conditionality regulations from 2025 and covers approximately 650,000ha across about 35,000 holdings.

The Department states that “any farmer, with a GAEC 2 land parcel, can appeal the categorisation and not just those who wish to carry out new drainage works on previously undrained land, but the Department will prioritise, in the first instance, those who wish to carry out drainage works in 2025”.

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Plans to carry out drainage works in 2025 feature highly in the appeals document with farmers required to provide evidence to show that they plan to carry out drainage work in 2025 such as contractor quotations, estimates of costs, etc.

Required documentation

The Department lists five items of documentation required as follows:

  • 1. “Organic matter soil samples for each GAEC 2 parcel and the results must be from a Department of Agriculture, Food and the Marine accredited laboratory and linked to each LPIS parcel.”
  • 2. “A detailed report from a DAFM approved FAS adviser giving a description of the parcel(s) land use, soil type and habitat. Geotagged photos of the soil profile (showing the depth of peat) and land use type must also be included.”
  • 3. “Signed declaration from the appellant that the parcel(s) in question has/have never been drained and he/she plans to carry out drainage works in 2025.”
  • 4. “Evidence to show that the appellant plans to carry out drainage work in 2025 eg contractor quotations, estimate of costs, etc.”
  • 5. “Any other evidence the adviser / applicant wishes to submit in support of the appeal.”

    • It is not yet understood why a declaration stating that lands in question have never been drained is required and this will be queried with the Department of Agriculture.

    Appeals process

    The application form is available on the Department of Agriculture website at www.gov.ie.

    All appeal applications must be lodged online through the conditionality@agriculture.gov.ie email address. This email can also be used for addressing any queries a farmer may have. There will be no closing date in relation to GAEC 2 appeals.

    The application form states that the Department of Agriculture reserves the right to prioritise appeals in accordance with the submission of the required documentation listed in Annex 1 and the right in considering the appeal to carry an inspection of the lands under appeal and undertake soil sampling and test(s) and an investigation of the soil profile.

    It adds that the Department will consider all the evidence in full and make a determination on the appeal and notify the appellant of the decision in writing.

    Soil tests

    With regards the criteria required for soil samples the application form states that a “soil test” is:

  • as defined in SI No. 113 of 2022 European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022; and

  • means a soil sample taken in accordance with the soil sampling procedure set out in Schedule 1 and analysed in accordance with that Schedule, at a laboratory that meets the requirements of the Minister for Agriculture, Food and the Marine for this purpose.

    • It adds that it is important to note as per schedule one:

  • The sampling area shall not exceed four hectares. Exceptionally, where soil types and cropping of lands were similar during the previous five years, a sample area of up to five hectares shall be deemed acceptable.
  • Soil organic matter samples taken in the last 12 years can be accepted.

    • GAEC 2 soils

    Parcels with areas of 50% or more peat soil are determined as applicable to GAEC 2. Peat soils are mapped in the Teagasc-EPA soils and subsoils map.

    Areas can be viewed on agfood.ie using the Teagasc-EPA indicative soil OM map >=30% layer.

    These maps were derived using the following definition: “A peat soil is defined as organic soil materials which have sedentarily accumulated and have at least 30% (dry mass) organic matter over a depth of at least 45cm on undrained land and 30cm deep on drained land; the depth requirement does not apply if the peat layer is over bedrock.”

    Read more

    Step-by-step guide: how to check if your land is a GAEC 2 peat soil

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