Currently, under the Planning and Development Act, 2000 peat extraction in an area of:
• 50 hectares or more requires planning permission and an Integrated Pollution Control (IPC) licence from the Environmental Protection Agency (EPA)
• 30 hectares or more requires planning permission
• 10 hectares or more (where drainage works commenced after January 2002) requires planning permission.
• 10 hectares or more (where drainage works commenced prior to January 2002) is exempted development
• less than 10 hectares is exempted development.
Exempted development status is lost if an Environmental Impact Assessment (EIA) or Appropriate Assessment (AA) is required. An EIA may be required if it is considered that the activity would be likely to have significant effects on the environment. An AA is required if the peat extraction would be likely to have significant effects on a European Site (i.e. a Special Area of Conservation or a Special Protected Area designated under the Habitats Directive).
The regulation of peat extraction activities under the planning code and the current dual consenting system for large scale peat extraction has been problematic. Practical implementation of the EIA Directive through planning law, particularly in relation to private turf extraction projects, has proven difficult for a variety of reasons such as uncertainty about the ownership of peatlands and the increasing trend towards peat extraction by contractors, whose scope of operations may span lands controlled by many individuals with turbary rights.
The dual consenting system for large scale peat extraction comprises the requirement for both planning consents as well as licencing from the Environmental Protection Agency’s (EPA's) Integrated Pollution Control (IPC) Licensing system, which is under the remit of my colleague, the Minister for Climate, Energy and the Environment.
While I have no objection in principle to exempting peat extraction from the planning system, this would be subject to the activity being regulated by an alternative legislative regime, that is fully compliant with EU environmental legislation, including the carrying out of all relevant environmental assessments for the activity, where applicable.
This would require a new legislative proposal to address peat extraction, and it is noted that a similar proposal was progressed in 2019, whereby exempted development regulations were made for the Planning regime (the Planning and Development Act 2000 (Exempted Development) Regulations 2019, Statutory Instrument No. 12 of 2019) to complement related EPA regulations (the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019) made by the then Minister for Communications, Climate Action and Environment, to allow the Environmental Protection Agency to be the sole competent authority for large scale peat extraction. However, those regulations were subsequently struck down by the High Court. This indicates that this area is a matter of particular complexity.