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Turbary Rights

Dáil Éireann Debate, Tuesday - 25 June 2024

Tuesday, 25 June 2024

Questions (231)

Fergus O'Dowd

Question:

231. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if he will outline, with regard to turbary rights and to the SAC area of Cloghane in County Kerry, the process by which a person who wishes to seek permission to harvest turf in this area must take; and if he will make a statement on the matter. [26800/24]

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Written answers

I understand that the Question refers to an area in Mount Brandon in County Kerry. Mount Brandon Special Area of Conservation (SAC) comprises the central and north-western parts of the Dingle Peninsula. It is a mountainous area that encompasses several peaks including Mount Brandon, Brandon Peak, and the Stradbally range which includes Beenoskee. The site includes blanket bog habitat amongst other conservation interests.

Mount Brandon is designated as an Special Area of Conservation under Statutory Instrument No. 329 of 2023. Schedule 4 of this Statutory Instrument states that all activities relating to turf cutting and/or peat extraction – with the exception of continued domestic turf cutting from existing turf banks- in this SAC require the permission of the Minister before they can be carried out.

Where such an application for the consent of the Minister has been made, the Minister may make a decision to give consent for the activity, give consent subject to conditions, refuse, modify, or revoke.  Any such decision will be informed by the level of impact to habitats and/or species that will occur as a result of the activity taking place.

Under the Habitats Directive (Council Directive 92/43/EEC), any plan or project which is likely to have a significant effect on a European Site (a Special Area of Conservation (SAC) or a Special Protected Area (SPA), or candidate area, designated under the Habitats Directive) requires an Appropriate Assessment.

Landowners or occupiers should contact the local National Parks and Wildlife Service of my Department before undertaking any of the works listed at Schedule 4 of S.I. No. 329 of 2023 and it can advise further.

Commercial peat extraction involving a new or extended area of 30 hectares or more may require planning consent from a planning authority or An Bord Pleanála and an Environmental Impact Assessment (EIA). Peat extraction of an area of greater than 50 hectares requires an Integrated Pollution Control (IPC) licensing from the Environmental Protection Agency (EPA), in addition to the above.

Further guidance on the Regulatory Framework Applying to Peat Extraction can be found on the government website www.gov.ie (www.gov.ie/pdf/?file=https://assets.gov.ie/213281/dd96e2a1-7c64-413c-9de7-18b656350552.pdf#page=null).

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