The Regulatory Review as part of Project Woodland, published in June 2022, contained the following Recommendations;
“The EIA Directive provides that Member States may, through their national laws, disapply the EIA Directive to projects which respond to a civil emergency if the Member State decides that applying the
EIA Directive would have an adverse effect on the environment. The Irish High Court has held that this provision applies only to projects responding to an unforeseen emergency, not to projects intended
to avoid foreseeable emergencies 71. The Habitats Directive and Birds Directive make no provision for projects responding to emergencies 72. The Water Framework Directive provides a very limited
derogation in response to extreme force majeure events.
- It is recommended that DAFM consult with the forestry sector and other key stakeholders and prescribed bodies on standard emergency response procedures, which will guide foresters planning for and responding to foreseeable emergencies such as storms, fire, disease etc. Standards may be subject to prior SEA screening and AA screening/AA, as required, prior to adoption. An afforestation licence application would be accompanied by a proposed emergency response plan, prepared in accordance with the standards. Once assessed and approved, it would be up-dated periodically (e.g. 3-5 years) or as frequently as required to take account of changes to the forest and the receiving environment and the different emergency risks which may emerge as the forest matures. The proposed emergency response plan would be part of the project that is assessed before the afforestation licence is granted.
- It is recommended that, pursuant to recommendation 14, the Forest Regulations may be amended to expressly exempt from the requirement for a licence any emergency works which are carried out substantially in accordance with an approved emergency response plan. DAFM should be given prior notice before the commencement of emergency works, and DAFM should reserve the right to step in and require a licence application to be made where it considers that there are likely significant effects which must be appropriately assessed before the works are carried out.
- It is recommended that the standard conditions to be attached to an afforestation licence should include an obligation to give DAFM prior notice of any proposed emergency works, and that such works shall be carried out substantially in compliance with the emergency response plan as assessed and approved by DAFM.”
Save Leitrim submitted an AIE request to DAFM after Storm Darragh;
We wish to receive under the AIE Regulations, in electronic format;
With reference to recommendations 17, 18 and 19 of the Project Woodland Regulatory Review (June 2022) (see below)
Information related to the development of standard emergency response procedures.
To include, but not restricted to, any consultations, actual or proposed, with
a) the forestry sector
b) other key stakeholders
c) prescribed bodies
To clarify, this could include any information related to consideration or discussion on the introduction of such procedures and changes to Regulation.
There is a very strong public interest case to be made for this information.
Note: Two and a half years after the publication of the Report DAFM cannot find any information which would suggest that there has been any consideration of Recommendations 17, 18 and 19 of the Regulatory Review. In failing to implement the Recommendations DAFM have left Ireland exposed in terms of compliance with European Law for the major clear-up operations that are ongoing in plantations across affected areas.