AIE – DAFM plans and considerations in respect of the impacts on Forestry Legislation, Standards & Procedures in response to the Judgement of the CJEU in Case C784-23 (Birds Directive)

AIE-26-022 Decision letter, schedule and records

Whether DAFM was justified in refusing access to monitoring information (and dates of works) that may be in the possession of licensees under article 7(5) of the AIE Regs on the basis that any relevant information is not held for the Department for the purposes of the AIE Regs

Case: OCE-154871-W6C0R7; OCE-155027-V7Q1W7; OCE-155324-C0N9K0; OCE-156584-L0Z7K4

Availability of Free Satellite Imagery – and tutorial for assessing windblow damage

10th February 2025
Circular 2 of 2025


To all Registered Foresters and Stakeholders

Availability of Free Satellite Imagery – and tutorial for assessing windblow damage


Further to the recent storm damage to forests in Ireland the Department would like to make you aware of the availability of Sentinel-2 satellite imagery to facilitate mapping and damage assessments of forests. These satellite images are provided free of charge and are openly accessible to everyone from the European Commission’s Copernicus Browser*.


The Department has issued a short guidance video on the use of the Copernicus Browser to view Sentinel-2 satellite imagery which can be accessed here:
https://www.youtube.com/watch?v=Hqqy5sP8PzY

To access the full suite of tools available from Copernicus Browser it is recommended that you register for an account (rather than accessing anonymously). The Copernicus Browser and registration for a Copernicus Browser (Copernicus Data Space Ecosystem) account can be accessed be entering ‘copernicus browser’ into Google.


Separately the Department and Coillte are collaborating on producing a dataset of all damaged areas using satellite imagery.


Vincent Byrne
Assistant Principal


*The Copernicus Data Space Ecosystem Browser or Copernicus Browser serves as a central hub for accessing, exploring and utilising the wealth of Earth observation and environmental data provided by the Copernicus Sentinel constellations, contributing missions, Auxiliary engineering data, on-demand data and more.

AIE Request: Forestry Opportunities Map: Component Map Layers of the Opportunities Map

Forestry Opportunities Map “The right trees in the right places for the right reasons”
Dec 2024
Published by: Forestry Division, Department of Agriculture, Food & the Marine. Johnstown Castle
Estate


The shp files are listed in the report as follows
Component Map Layers of the Opportunities Map include

  • NPWS Designated Sites: Special Areas of Conservation (SACs), National Heritage Areas (NHAs),
    Proposed NHAs, Special Protection Areas (SPAs), and National Parks.
  • Water Bodies: Streams, lakes, and reservoirs (sourced from the EPA landcover map).
  • Existing landcover including urban areas and waterbodies: From the EPA landcover map.
  • High Nature Value Farmland: Identified by Teagasc.
  • Source Protection Areas and Drinking Water Abstraction Points: Mapped by the Geological Survey
    Ireland (GSI).
  • High-Status Objective Waterbodies: Data from the EPA.
  • Freshwater Pearl Mussel Catchments: Data provided by the NPWS
  • Potentially Fisheries-Sensitive Areas: Compiled in consultation with the Inland Fisheries (see
    Forestry Scheme Manual, July 2024).
  • Potentially Acid-Sensitive Areas (see Forestry Scheme Manual, July 2024).
  • Areas with bird species of high conservation importance: Spatial data compiled from the NPWS and
    BirdWatch Ireland.
  • National Monuments / Architectural Heritage: Data from the National Monument Service.
  • Soils data: Provided by Teagasc
  • Forest Productivity Map: Developed by Teagasc.
  • Existing Forest Cover: Information from DAFM and Coillte

Data sources:

High Nature Value Farmland Teagasc – https://t-stor.teagasc.ie/handle/11019/1659


Coillte Subcompartment Database – Contact Coillte Directly (enquiries to
sharon.fitzpatrick@coillte.ie)


NPWS Designated Sites: Special Areas of Conservation (SACs), National Heritage Areas (NHAs),
Proposed NHAs, Special Protection Areas (SPAs), and National Parks – See https://data.gov.ie/ and
or https://www.npws.ie/maps-and-data


National Landcover Map -https://www.epa.ie/our-services/monitoring–assessment/assessment/mapping/national-land-cover-map/ and https://tailte.ie/en


Source Protection Areas and Drinking Water Abstraction Points see https://www.gsi.ie and or
https://data.gov.ie/


EPA High-Status Objective Waterbodies – see https://gis.epa.ie/GetData/Download


Freshwater Pearl Mussel Catchments: – See https://data.gov.ie/ and or https://www.npws.ie/maps-
and-data


National Monuments / Architectural Heritage: – See https://data.gov.ie/ or
https://heritagedata.maps.arcgis.com/apps/webappviewer/index.html?id=0c9eb9575b544081b0d2
96436d8f60f8


Soils data: – ISIS Map


Private Forests Database: – https://opendata.agriculture.gov.ie/dataset/dafm-private-forest-estate-
2023

AIE: DAFM and the development of standard emergency response procedures in relation to forestry

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.

  1. 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.
  2. 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.
  3. 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.

Mackinnon Report

Review of Approval Processes for Afforestation in Ireland

Implementation of the Mackinnon Report

Precursor to the establishment of Project Woodland

Draft Regulatory Review Report – 1 April 2022- Confidential – Alice Whittaker – Philip Lee LLP

Source: AIE request

Forestry Opportunities Map – “The right trees in the right places for the right reasons”

The updated Forestry Opportunities Map provides high-level national guidance on land suitability for afforestation, supporting the establishment of forests for various purposes, including timber production, environmental enhancement, climate change mitigation, forest industry development, alternative off-farm income generation, and opportunities for tourism and recreational use.

The Forestry Opportunities Map opportunities map identifies opportunities for additional forest planting in Ireland, as well as areas where new planting would be unsuitable for various reasons.

The map aims to guide and promote sustainable forest development and is consistent with the Government’s recently published Forest Strategy for the sector.

The Forestry Opportunities Map complements the information presented in the strategy and can be used to plan for “the right trees in the right places for the right reasons”.

The spatial layers used in compiling the Forestry Opportunities Category Map are available to Registered Foresters via DAFM’s online licence application system, iNET

AIE request to DAFM FS 8/1/25

Under the AIE Regs to request in shp file or similar GIS open data format the mapping provided in the following report:

Forestry Opportunities Map “The right trees in the right places for the right reasons”Dec 2024Published by: Forestry Division, Department of Agriculture, Food & the Marine. Johnstown Castle Estate
The shp files are listed in the report as follows

Component Map Layers of the Opportunities Map include

  • NPWS Designated Sites: Special Areas of Conservation (SACs), National Heritage Areas (NHAs), Proposed NHAs, Special Protection Areas (SPAs), and National Parks.
  • Water Bodies: Streams, lakes, and reservoirs (sourced from the EPA landcover map).
  • Existing landcover including urban areas and waterbodies: From the EPA landcover map.
  • High Nature Value Farmland: Identified by Teagasc.
  • Source Protection Areas and Drinking Water Abstraction Points: Mapped by the Geological Survey Ireland (GSI).
  • High-Status Objective Waterbodies: Data from the EPA.
  • Freshwater Pearl Mussel Catchments: Data provided by the NPWS
  • Potentially Fisheries-Sensitive Areas: Compiled in consultation with the Inland Fisheries (see Forestry Scheme Manual, July 2024).
  • Potentially Acid-Sensitive Areas (see Forestry Scheme Manual, July 2024).
  • Areas with bird species of high conservation importance: Spatial data compiled from the NPWS and BirdWatch Ireland.
  • National Monuments / Architectural Heritage: Data from the National Monument Service.
  • Soils data: Provided by Teagasc
  • Forest Productivity Map: Developed by Teagasc.
  • Existing Forest Cover: Information from DAFM and Coillte.
    For the purposes of this AIE, where the shp files referenced in the report are already in the public domain via gov.ie or similar, please note this in responses

The report notes that “The spatial layers used in compiling the Forestry Opportunities Category Map are available to Registered Foresters via DAFM’s online licence application system, iNET”Open access to iNET under the Open Data Directive may meet the DAFMs obligations to release environmental data in an open data format, eg API and/or bulk upload facilityRTK have no access to iNET so are unable to determine if iNET meets any of the requirements of open data.  As part of this AIE, please note the access requirements for iNET