Project Woodland Initiative
Forestry
Open Data Request: Whether DAFM’s decision to refuse the appellant’s request for re-use of EIA screenings for felling licences was in compliance with the Regulations
Decision of the Information Commissioner in his capacity as Appeal Commissioner on an appeal made under Regulation 12 of the European Union (Open Data and Re-use of Public Sector Information) Regulations 2021 (the Regulations)
Case RPSI/22/05
Whether information requested by the appellant on the Forest Road Scheme is “environmental information” within the meaning of article 3(1) of the AIE Regulations
Case: OCE-116233-H0K1M3
Forest Road Scheme is “environmental information” for the purposes of AIE Regs
WW02-FL0099 Coillte Felling Licence, Enniskerry, Wicklow
DAFM: Whether the Department complied with its obligations under article 7(3) of the Regulations
Coillte Chain of Custody LM09-FL0048
AIE
A copy of all forestry certification Chain of Custody documentation for timber removed from felling licence site LM09-FL0048.
OCEI Decision – Whether records relating to the development of the Forest Licence viewer (FLV) meet the definition of Environmental Information under Article 3(1) of the AIE Regulations
Appellant requested “A copy of the technical specification provided to the developers of the Forest Licence Viewer (FLV) and related correspondence in terms of the functions, operability and operation of the FLV, including modifications to the specification,
feedback from the developers, reports of errors, problems and queries”.
Department refused this request under Article 3(1) of the Regulations stating that the material sought did not appear to meet the definition of environmental information
Shass Mountain Peat Landslide Report (National Parks & Wildlife Service)
MGE0780RP0001
Shass Mountain Peat
Landslide Factual Report
F01
16 th October 2020
https://www.npws.ie/news/shass-mountain-peat-landslide-report-published
DAFM Harvesting Inspection Review
January 2023
AIE request: copy of the Forest Services Annual Reforestation and Harvesting Inspection review for 2021 & 2022
Desk checks were also carried out on 131 licences in relation to the implementation of timing restrictions and submission of plans and commencement notices. This document focuses on Desk checks, harvesting and reforestation inspections.
The following summarises the results of the 2022 inspection programme.
• Desk checks resulted in reports issued to Coillte for 15 licences.
• 15% of reforestation sites visited had stocking issues.
• 10% of all harvesting inspections resulted in an infringement. Only 1 was amber and two red infringements.
• 2 Cease operations notices were issued during 2022 (one relating to haulage).
• Wexford Felling completed 93% of its planned reforestation inspection programme and 92% of its Harvesting Inspection programme.
The following actions are recommended for 2023.
• A sensitivity rating system should be introduced to focus harvesting inspections on the most sensitive sites.
• SOP needed for Desk Checks.
Forestry Act 2014 – Replanting Orders
PART 7
26. (1) Where trees have been—
(a) felled or otherwise removed without a licence under section 7,
(b) felled under a licence and, either at the time of such felling or subsequently, a condition of the licence is contravened, or
(c) in the opinion of the Minister, seriously damaged,
the Minister may issue a replanting order in respect of the owner requiring him or her to replant or to fulfil any or all of the conditions that attached to the licence (or, in a case in which no licence was granted, any or all of the conditions that would, in the opinion of the Minister, have been attached to a licence had such been granted) in accordance with the provisions of the order.
(2) Subsection (1) applies whether or not a prosecution has been or may be brought.
(3) Section 17 (4) (other than paragraph (a)) shall apply to a replanting order with the substitution of “replanting order made” for “licence granted” and any other necessary modifications.
(4) A replanting order may include any or all of the conditions specified in section 17(4) with any necessary modifications.
(5) Without prejudice to section 21 , where a replanting order is served on any person its provisions shall be binding on that person and on his or her successors in title to the land concerned.
(6) An owner who fails to comply with a replanting order shall be guilty of an offence and be liable—
(a) on summary conviction, to a class D fine, or
(b) on conviction on indictment, to a fine not exceeding €5,000,
for every period of 30 days during which such failure continues.
(7) Where an owner has been convicted under subsection (6) and the failure to comply in respect of which he or she was convicted is continued after the conviction, the owner shall be guilty of a further offence on every day on which such failure continues and for each such offence the person shall be liable—
(a) on summary conviction, to a class E fine, or
(b) on conviction on indictment, to a fine not exceeding €2,500.
(8) Where subsection (7) applies, the Minister may vary the replanting order by specifying a new replanting date in order to take account of seasonal planting variations.
(9) The Minister, may, with the consent of the owner, issue a replanting order in respect of other land owned by the owner instead of the land concerned, in which case subsections (3) to (5)