Minister says Slievenamon farmers must prove they didn’t cause wildfire to get penalties removed
Agriculture Minister Martin Heydon has urged Slievenamon farmers facing cuts to the BISS payment and other penalties due to the wildfire to engage fully with his Department
The Minister for Agriculture says farmers with land burned in the Slievenamon fire must prove they were not responsible for starting the fire or engaging another party to do so in order for his department to consider removing any cuts to their annual BISS payment and other penalties.
Minister Martin Heydon has urged farmers facing cuts to their BISS and other penalties due to the wildfire to engage fully with his Department and to supply the necessary information for their appeal to be considered.
In their appeals, he said farmers need to provide evidence the fire was reported to An Garda Síochána and the local Fire Service.
“This along with an affidavit signed, dated and stamped stating they had no role in the fire will be considered by the Department when reviewing the appeals,” he advised.
The Minister relayed this message to South Tipperary Fine Gael TD Michael Murphy today (Thursday, November 12) in a response to a letter the deputy sent him last week expressing “serious concern” at the “severe financial consequences” for Slievenamon farmers.
The Department of Agriculture says where land is burned in the closed period between March 1 and August 31 of any year, it's not eligible for a BISS scheme payment. Farmers have been receiving notifications from the Department of Agriculture that their Basic Income Support for Sustainability payment will be cut in respect of land they farm that was burned in the wildfire.
Minister Heydon confirmed to Deputy Murphy that in total 30 herds with declared lands in 2026 have been impacted by the Slievenamon wildfire.
In his detailed response to the Clonmel TD, the Minister said he recognised “the devastation wildfires have on farmers, landowners, communities, wildlife, and the environment” and acknowledged there in many cases there is a direct financial impact on farmers’ payments.
He outlined that land that is burnt during the closed season in any given year is deemed to be ineligible for payment under the Basic Income Support for Sustainability Scheme in that year. These areas will not be eligible for payment, and in certain circumstances over-declaration penalties will apply depending on area claimed versus the area burnt and the number of payment entitlements held by the applicant.
However, Mr Heydon pointed out that where lands are burnt during the closed period, but where the applicant has not been responsible for setting the wildfire or engaging another party to do so, his Department may consider an application under Force Majeure.
“Where an applicant submits clear evidence to demonstrate that they are not responsible, my Department may consider removing any penalties or in duly justified situations the lands may be considered eligible under Force Majeure.
“Lands will remain eligible where controlled burning has been carried out at the right time of the year in full compliance with all relevant environmental legislative requirements and any other lawful requirements, having first consulted with and notified the Gardai and the local fire service.
“In the case of Natura lands (lands designated as SAC and/or SPA), prior approval must be obtained through the Activities Requiring Consent (ARC) system as implemented by NPWS.
“Land that is burnt, as mentioned, is not eligible for payment, but any other lands held by applicants may still be eligible for payments,” he continued.
Responding to queries from Deputy Murphy, the Minister said his Department does not have a role in determining the cause of the fire, but can remove the penalties where a successful Force Majeure application is received from the applicant.
He said the area impacted is determined using satellite imagery.
“Any farmers who are impacted receive correspondence including a map of the areas involved.
“If there are any issues with this the applicant is free to raise this as part of the appeals process. The penalties applied are as set out in the Terms and Conditions and are the same for any claim on ineligible lands.
In relation to organic farmers, the Minister advised the following:
“In terms of organics, normally, if the amount of eligible land on BISS is reduced during an Organic Farming Scheme contract, we would look to recoup all monies paid on that reduced area.
“However, there is always the option to appeal the decision.
“In the case of the Slievenamon fires, one would expect that the herdowner may well claim for the change in eligibility as this particular change would be outside of the control of the herdowner.
“Section 8 of the Terms and Conditions of the Agri-Climate Rural Environment Scheme (ACRES) provides that, for area-based actions, the lower of the Eligible Hectare (EH) or the Claimed Area for the LPIS in the BISS application for the first year of the ACRES contract will set the baseline for payments for the duration of the contract.
“If BISS deem the EH to be reduced to zero due to burning then the parcel would not be eligible for ACRES area-based payments.
“As regards the assessment of the land, where and when necessary, for the purposes of results-based payment under ACRES, the land must be scored based on the habitat condition on the day it is being assessed and the geo tag photo submitted with the scorecard should be reflective of the condition of the scored field.”