Forestry
AIE: all information related to the Stakeholder Meetings held between the FAC and DAFM in 2023. To also include post meeting follow up engagements
Note: FAC DAFM meetings are effectively unminuted
Matters Discussed
- Chairperson opened the meeting and stated that no individual decisions could or would be
discussed - Number of open appeals and expected workload into the future
- New Afforestation Programme
- Expected outputs by Forestry Division
- Forestry licence viewer
- EU law developments
- FAC resources
The Chairperson concluded the meeting.
Ruth Kinehan
Secretary to FAC
Matters Discussed
- Chairperson opened the meeting and stated that no individual decisions could or would be
discussed - Number of open appeals
- Timely provision of statements and documents by Minister
- Requirements of FAC Regulations 2020 – Regulation 7
- Circulation of statements and submission
- Final and conclusive nature of FAC decision – no further communications or revisions
- Oral hearings – discretion of FAC, all parties notified
- Requirements of the Habitats and EIA Directives and screening
- Archaeology reports
- At risk species and safeguards required
- Expected outputs by Forestry Division
2024 forestry data
http://www.agriland.ie/farming-news/seefa-urges-next-minister-to-address-forestry-licensing/
342 licences have been approved for the Native Area Tree Scheme (NTAS) relating to 369ha.
201 licences for the Deer Tree Shelter scheme (DTS) for 860ha
180 licences under the Woodland Improvement Scheme (WIS) relating to 1,001ha
10 licences for the Native Woodland Conservation Scheme covering 79ha
OCEI decision overturning Forestry Appeals Committee refusal to release records related to instruction / clarification /guidance on forestry appeals
AIE: Information related to any instructions / guidance / clarification given to administrative staff and Agriculture Appeals Officers working on behalf of the FAC, on the acceptance / refusal of appeals against forestry licences. This includes general information and information specific to individual licences…”
Background
The FAC has provided no detailed or specific reasoning for its reliance on article 9(2)(a) of the AIE Regulations. Despite estimating that examining 555 appeal files in order to extract the information sought by the appellant would take four months, the FAC did not explain how it reached this conclusion or why this would impose an unreasonable level of work on the FAC in processing the request. As set out above, the burden in on the public authority to demonstrate the unreasonableness of the task entailed by the request, and this requires the public authority to provide a satisfactory level of detail regarding the time it would take to process the request. This detail should include how many staff members would be required, what steps would be involved in answering the request and how much time would be spent on each
of these tasks.
I find it difficult to understand how the appellant could have successfully narrowed the actual subject matter or description of the environmental information further, without any specific guidance from the FAC.
The FAC has not indicated whether it has written procedures in place for the processing of submitted forestry licence appeals
I note in its brief submissions to this Office, wherein the FAC commented that “much of [the information sought by the appellant] may not even be environmental information”. It did not provide any reasons to support this view and in this regard, I would remind the FAC that whether information is “environmental information” is one of the threshold issues to be considered when processing an AIE request.
Note: Paragraphs 22, 25 and 29 in OCEI decision
AIE: emails to an ecology company signing off AA’s on behalf of DAFM Forest Service
Case OCE-146286-F2X2B0
Company A is Environmental Facilitation Limited (redacted in decision)
Voluntary sustainability standards to cope with the new European Union regulation on deforestation-free products: A gap analysis
AIE: 25Ha as the max allowable size for any single clearfell coupe
OCEI Decision: LM09-FL0050 Post Licence Issue, KY04-FL0075, Knockauncurragh, Co. Kerry – Licence implementation issues, Monthly Monitoring Records Leitrim February 2024, Monthly Monitoring Records Leitrim December 2023
OCE-148308-J1V2C8
Whether the Department was justified in refusing access to monitoring information that may be in the possession of licensees under article 7(5) of the AIE Regulations on the basis that any relevant information is not held for the Department for the purposes of the AIE Regulations.
AIE: Environmental Requirements for Afforestation: Other biodiversity considerations
AAIE request 24 124 – OCE-148902-X5H4K0
1a) Information which informed the change to the Environmental Requirements for Afforestation contained in Circular 2 of 2024.
1b) Information on the scientific papers or references which substantiate the validity of the changes.
RE Environmental Requirements for Afforestation – Other biodiversity considerations (page13) 3Download
RE Environmetnal Requirements for Afforestation – Other biodiversty consideration (page 13) 3.5Download
RE Environmental Requirements for Afforestation – Other biodiversity considerations (page 13) 2Download
RE Environmental Requirements for Afforestation – Other biodiversity considerations (page 13) 1Download
RE Environmental Requirements for Afforestation – Other biodiversity considerations (page 13) 4Download
RE Environmental Requirements for Afforestation – Other biodiversity considerations (page 13) 5Download