Dáil Éireann Debate, Thursday - 21 November 2019
184. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the factors taken into account by his Department when giving technical approval for an afforestation licence; the evaluation process used in respect of such an application; and if he will make a statement on the matter. [48517/19]
View answerMy Department manages the licensing process for four distinct forestry operations;
1. Afforestation;
2. Forest road works;
3. Aerial fertilisation;
4. Tree felling.
Applications for the first three operations must be made through a registered forester. Applicants do not require a forester to apply for a tree felling licence. My Department uses an online application system, to which foresters have access. The system contains extensive mapping layers enabling the location for the proposed site, along with other spatial information.
Reference Material and Guidelines
The application process is underpinned by various reference documents, which combined with information circulars are available on my Department’s website. The main document is the Forestry Standards Manual. This manual complements, and should be read in conjunction with, Land Types for Afforestation, Environmental Requirements for Afforestation, Irish National Forest Standard, the Code of Best Forest Practice – Ireland, Standards for Felling and Reforestation and other guidance published by my Department.
Required Documentation
Certain documentation, depending on the licence required, must be submitted with the application. An application form, site location map, certified species map and biodiversity maps are inter alia required for afforestation. Other documents will be required, registered foresters will be familiar with the requirements for the application.
Procedures
The application is submitted, and administrative officials will check to ensure it is complete. The application will be advertised on my Department’s website and submissions from interested parties invited. At the same time, it is forwarded to a Forestry District Inspector and where required, the application is referred to certain prescribed bodies. The prescribed bodies include statutory consultees such as the local authority, National Parks and Wildlife Service (NPWS), Inland Fisheries Ireland and/or An Taisce. 30 days is provided for public consultation and no decision may issue before that time. Where NPWS is consulted, that time is extended to a minimum of eight weeks.
If built heritage or archaeological monuments are recorded or found within or proximate to a proposed site, the application will be referred to my Department’s Archaeologists so that the site can be assessed in conjunction with the National Monuments Service.
Upon receiving the application, the District Inspector may decide that further information such as revised maps, submission of a Natura Impact Assessment, hydrological report or a soil report is required. The applicant and their registered forester will be advised by letter of what information is being sought.
The District Inspector will desk assess the application and may carry out a field assessment where risk analysis selects the application or where the inspector’s own knowledge will deem a field inspection necessary. All forestry licence applications undergo Appropriate Assessment (AA) screening.
I acknowledge that changes made to internal Appropriate Assessment Procedures (AAP) has resulted in delays to many files. These are beyond my Department’s control as we are obliged to implement changes to AAP that were required following important Court of Justice of the European Union (CJEU) decisions and their subsequent interpretation by the Forestry Appeals Committee and others.
Currently, we are amending the AA procedure in order to introduce a robust and workable system which will address the issues now faced. Introducing this system involves the recruitment of additional ecological expertise and changes in procedures for the forestry inspectorate. My Department recently advertised for additional ecologists and we also have access to external ecological support, which will be supplemented in due course. Inspectors have already undergone training and will receive appropriate support in delivering these new procedures. A categorisation of files affected by these requirements is also underway in order to best assess further action needed and by whom.
Notwithstanding that this has led to a temporary disruption in issuing afforestation licences, the Deputy should be aware that the sector has approximately 3,200 hectares of approvals issued this year which are shovel-ready and yet to be planted.
If the site is greater than 50ha, or 2km for a forest road, an Environmental Impact Statement (EIS) will be required. This will enable an Environmental Impact Assessment to be carried out. Where an application is less than these areas/lengths, that is sub-threshold, an EIS may also be required. This will be in situations where the proposed development is likely to have a significant environmental impact.
When the inspector is satisfied with the assessment of the application, recommendations will be provided. These recommendations will form part of the decision on the application, which will be issued to the applicant and their registered forester. The decision will also issue to any individual who made a submission on the application. The decision provides for 28 days in which to make an appeal, to the independent Forestry Appeals Committee. During that time, no forestry operations may take place.
Other Considerations
Apart from possible environmental impacts, the application will be assessed against other criteria, such as silvicultural requirements, the social impacts of the application and the local landscape. The application, where appropriate, must meet certain silvicultural standards. Tree felling licences may require a harvest plan and the application must consider the careful management of harvesting operations to minimise the potential effect on the surrounding area.
