Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th May, 2017.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 5 (2) of the Agriculture Appeals Act 2001 (No. 29 of 2001) (as adapted by the Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 )), hereby make the following regulations:

1. These Regulations may be cited as the Agriculture Appeals Act 2001 (Amendment of Schedule) Regulations 2017.

2. In these Regulations “Forestry Act” means the Forestry Act 2014 (No. 31 of 2014).

3. The Schedule to the Agriculture Appeals Act 2001 (as amended by section 35 of the Forestry Act and the Agriculture Appeals Act 2001 (Amendment of Schedule) Regulations 2016 ( S.I. No. 638 of 2016 )) is amended by substituting the following:

“SCHEDULE 1

Section 7

Schemes

Afforestation Grant and Premium Scheme

Agri-Environment Options Scheme (AEOS)

Animal Welfare, Recording and Breeding Scheme for Suckler Herds (AWRBS)

Areas of Natural Constraints (ANC)

Basic Payment Scheme (BPS)

Beef Data Programme (BDP)

Beef Genomics Scheme (BGS)

Beef Data Genomics Programme (BDGP)

Bio Energy Scheme

Burren Farming for Conservation Programme

Dairy Efficiency Programme

Disadvantaged Areas Scheme (DAS) excluding Land Parcel Identification System Review 2013 (LPIS Review 2013)

Farm Improvement Scheme

Forest Environment Protections Scheme (FEPS)

Forest Genetic Resources Reproductive Material: Seed Stand & Seed Orchard Scheme

Forest Road Scheme

Green, Low-Carbon, Agri-Environment Scheme (GLAS)

Greening Payment

Grassland Sheep Scheme (GSS)

Innovative Forest Technology Scheme — Central Tyre Inflation

Installation Aid Scheme (IAS)

Native Woodland Conservation Scheme

Native Woodland Scheme

Neighbourwood Scheme

Non-valuation aspects of the On-Farm Valuation Scheme for TB and Brucellosis Reactors

Organic Farming Scheme

Prevention and Restoration of Damage to Forests: Reconstitution of Woodland Scheme (Windblow)

Protein Aid Scheme

Reconstitution of Woodland Scheme

Reconstitution Scheme (Chalara Ash Dieback) 2014-2020

Rural Environment Protection Scheme (REPS)

Scheme of Early Retirement from Farming

Scheme of Grant-Aid for the Development of the Organic Sector

Scheme of Grant-Aid for Improvements in Animal Welfare Standards (Sow Housing)

Scheme of Investment Aid for Farm Waste Management (FWM)

Scheme of Investment Aid for the Improvement of Dairy Hygiene Standards (DHS)

Scheme of Investment Aid in Alternative Enterprises (Housing and Handling Facilities) (AES)

Scheme of Investment Aid for Demonstration On-Farm Waste Processing Facilities

Sheep Welfare Scheme

Single Payment Scheme, excluding Article 37(2), 40 and 42 of Chapter 2 of Council Regulation (EC) No 1782/2003¹ and Land Parcel Identification System Review 2013 (LPIS Review 2013)

Sow Housing (Animal Welfare) Scheme

Support for Collaborative Farming Grant Scheme

Targeted Agricultural Modernisation Scheme (TAMS), including — (RDP 2007-2013)

(a) The Dairy Equipment Scheme

(b) The Poultry Welfare Scheme

(c) The Sheep Fencing/Mobile Handling Equipment Scheme

(d) The Sow Housing Welfare Scheme

(e) The Rainwater Harvesting Scheme, and

(f) The Farm Safety Scheme

Targeted Agricultural Modernisation Scheme II (TAMS II) RDP 2014–2020)

(a) The Animal Welfare, Safety and Nutrient Storage Scheme

(b) The Dairy Equipment Scheme

(c) The Low-Emission Slurry Spreading (LESS) Equipment Scheme

(d) The Organic Capital Investment Scheme

(e) The Pig and Poultry Investment Scheme

(f) The Young Farmers Capital Investment Scheme, and

(g) Tillage Capital Investment Scheme

Upland Sheep Payment Scheme

Woodland Improvement Scheme

Young Farmers’ Installation Scheme

Young Farmers Scheme.

SCHEDULE 2

Section 14A

Section 7 of the Forestry Act excluding grants arising under the schemes mentioned in Schedule 1.

The Forestry Regulations 2017 ( S.I. No. 191 of 2017 ) insofar as they relate to a licence for afforestation, felling of trees, forest road construction or aerial fertilisation of forests.”.

4. The Agriculture Appeals Act 2001 (Amendment of Schedule) Regulations 2016 ( S.I. No. 638 of 2016 ) are revoked.

GIVEN under my Official Seal,

24 May 2017.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations have the purpose of updating the Schedule of Schemes which may be referred to the Agriculture Appeals Office for appeal. They also provide for the new appeals procedure provided in the Forestry Act 2014 concerning decisions in relation to section 7 of the Forestry Act, Forest Consent and Assessment and Aerial Fertilisation (Forestry) applications. Enactment of these Regulations will allow appeals in relation to those approvals to be dealt with by the new Forestry Appeals Committee.

1 OJ L270, 21.10.2003, p.1