Eamon Ryan
Question:288 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the progress of the proposed review of the 1996 strategic plan for forestry. [29702/03]
Written Answers. - Afforestation Programme.
The current partnership agreement, Sustaining Progress, contains a commitment to review the 1996 forest strategy. With effect from 1 January next, responsibility for forestry will pass to my colleague, the Minister for Agriculture and Food. Consideration will be given at that stage to how best to advance the review.
Eamon Ryan
Question:289 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources when the Government learned of the judgment against Ireland of the European Court of Justice confirming Commission Decision 2000/449/EC of 5 July 2000 excluding from Community financing certain expenditure incurred by Ireland under the guarantee section of the European agricultural guidance and guarantee fund to Coillte Teoranta as a public entity which was delivered in open court on 16 October 2003. [29703/03]
My Department became aware of the judgment as soon as it was delivered on 16 October 2003.
Eamon Ryan
Question:290 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the total sum to date borrowed by Coillte Teoranta for which consent was given under section 4 of the Forestry Act 1988 on the basis of the payments expected from the European agricultural guidance and guarantee fund which have now been disallowed. [29704/03]
During the period 1993 to 1999, Coillte acquired land for planting. Some of this was funded by way of borrowings in anticipation of expected premiums up to 2013. Coillte is constantly servicing its borrowings, so a total figure is not available. However, total borrowings against premiums at end 1998 was £24 million.
Eamon Ryan
Question:291 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the steps he has taken or plans to take to recoup funds from Coillte Teoranta further to the fact that the European Court has confirmed Commission Decision 2000/449/EC of 5 July 2000 excluding from Community financing certain expenditure incurred by Ireland under the guarantee section of the European agricultural guidance and guarantee fund which were paid to Coillte Teoranta. [29705/03]
This matter is being considered in consultation with the Department's legal advisers following the European Court of Justice judgment. Ultimately, this will be a matter for decision by my colleague, the Minister for Agriculture and Food, to whom responsibility for forestry will pass on 1 January 2004.
Eamon Ryan
Question:292 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if he has issued derogations or exceptions to Coillte Teoranta under the Forestry Acts with regard to the obligation to replant sites felled under limited or general felling licences; and if so, the details of each such derogation. [29706/03]
In accordance with section 49 of the Forestry Act, all lands clear felled under a general felling licence must be replanted. In accordance with section 41 of the Act, replanting obligations are normally attached to limited felling licences. It should also be noted that under section 41 a replanting condition attaching to a limited felling licence can apply to land other than the area felled which is owned by the licensee at the date of grant of the licence.
However, in accordance with section 41, limited felling licences have issued to Coillte Teoranta without replanting conditions in the following circumstances: silvicultural thinnings; felling to construct forest roads; area felled under an EU LIFE bog restoration project; where lands are transferring to the National Parks and Wildlife Service; where trees are classed as exempt under the Act, for example, dead, decayed or irremediably damaged trees. The above procedures apply to all applications for felling licences.
Eamon Ryan
Question:293 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the property sales and purchases he has given his consent to under section 9(1)(c) of the Forestry Act 1946 and section 14 of the Forestry Act 1988 or in any other manner since 1997, detailing locations, size and the funds obtained thereby. [29707/03]
Eamon Ryan
Question:294 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if he will require Coillte Teoranta in the future to include in its annual report full information on the acquisition and sale of land under section 14 of the Forestry Act 1988. [29708/03]
I propose to take Questions Nos. 293 and 294 together.
Under the Forestry Act 1988, Coillte is required to submit to and agree with me each year a programme for the sale and acquisition of land. This is done by way of Coillte submitting to me its annual corporate plan where this programme is outlined. An arrangement is in place with the company whereby under the code of practice for the governance of State bodies the chairman confirms on an annual basis that all prospective purchasers were advised of their replanting obligations under the 1946 Forestry Act.
Eamon Ryan
Question:295 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the legal costs incurred to date by Coillte Teoranta in its unsuccessful High Court judicial review, (2001) JR 30, seeking to dismiss the application to the High Court to require Coillte Teoranta to release information it holds, under the EU directive on access to information on the environment and its Irish implementing regulations. [29709/03]
Eamon Ryan
Question:301 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the legal costs incurred in Coillte Teoranta's unsuccessful attempt to challenge in the European Court of First Instance Commission Decision 2000/449/EC of 5 July 2000 excluding from Community financing certain expenditure incurred by Ireland under the guarantee section of the European agricultural guidance and guarantee fund. [29701/03]
I propose to take Questions Nos. 295 and 301 together.
The costs incurred by Coillte Teoranta in these cases are a matter for the company.