The clarification from the Department of Agriculture that the 20% clawback amnesty on selling entitlements is set to end this year will focus minds on those considering selling entitlements.

As Darren Carty reports, there was a considerable increase in entitlement sales last year. The value of entitlements sold in 2023 was four times more than the value of entitlements sold in 2020.

The other significant point to note is that many farmers and auctioneers leasing in land or landowners leasing out land are only now recognising the significant change in policy to how ‘eco schemes’ are now separate from the BISS entitlement.

Farmers don’t require entitlements to draw down the ‘eco scheme’ payment. Many have tweaked land lease agreements, or are in the process of editing land lease documents to recognise this significant change.

We understand the IFA is reviewing the master lease agreement. Really, it’s a negotiation between the landowner and lessee on existing leases. In the case of new leases, this distinction needs to be noted and allowed for from the start of the new lease agreement.

It must also be noted that in areas where there is competition for land it is difficult to reduce returns to the land owner irrespective of changes to BISS or the ‘eco scheme’ component.