Independent TD for Laois-Offaly Carol Nolan has said that there is no sign of the ‘chaos and dysfunction’ within the forestry felling and licencing system being effectively addressed.
Deputy Nolan went on to say that the issue has now reached a point where the capacity to maintain employment in the industry is now actively under threat.
The Laois Offaly Deputy was speaking after receiving a reply to a Parliamentary Question she had submitted on the matter following numerous representations from tree planting farmers and those within the wider forestry sector.
She said: “The fact that there is a massive backlog of forestry felling licences is something that the previous Minister and the present Minister for Agriculture have known for some time.
“Most of this is down to the pre-licencing compliance requirements that have emerged since the European Court of Justice made its ruling in 2019.
“This has created the space for an enormous amount of appeals to be made against the issuing of licences under the ‘Ecology’ heading.
“As I understand it however, up to early March of this year there were still only two ecologists dealing with forestry licences with an additional four local ecologists being deployed on contract to provide extra support.
“This has clearly done next to nothing to reduce the backlog and the subsequent threat to employment that is being created. There is just way too much uncertainty and red-tape for people to navigate.
“Jobs and indeed an entire sector is on the line here unless we get this right and get it right fast.
“This is also totally counter-productive from an environmental point of view. What farmer is going to be encouraged to take up forestry if this is the level of dysfunction that they will have to deal with on a regular basis.
“This is in turn will drive down even further our capacity to meet the kind of annual afforestation targets which are set out in the Climate Mitigation Plan.
“The Department needs to immediately implement measures that will effectively address this problem.”
Nolan asked Minister Dara Calleary if he would ‘address concerns that the number of forestry felling licences being approved has increased the number of appeals being lodged under the ecology heading which is leading to serious delays and backlogs; and if he will make a statement on the matter’.
In reply, Minister Calleary said: “The commencement of the Forestry Act, 2014 in May, 2017 brought about significant changes in the consent process for forestry operations.
“Felling licences are now valid for up to 10 years and may cover several felling events, such as thinning then clear felling on the same plot. Landowners considering future operations, have the opportunity of applying for a tree felling licence well in advance of any operations taking place.
“I am acutely aware that delays in issuing licences has led to difficulties for some in the sector, although of course not all licences are used immediately. My Department is intensively engaging with all relevant stakeholders on these issues.
“The current licensing difficulties are as a result of the changes made to internal Appropriate Assessment Procedures (AAP).
“These were introduced in response to important Court of Justice of the European Union (CJEU) decisions and their subsequent interpretation by the Forestry Appeals Committee (FAC) and others.
“These findings meant that in order to grant licences which fully meet environmental requirements, fundamental changes to the licensing system were unavoidable. All licence applications are subject to a statutory public notification system.
“I accept the current changes to procedures are very significant and they have been challenging to implement such is the scope and breadth of them, which has unfortunately meant that there have been delays in issuing licences.
“It has taken substantial resources and effort to introduce a robust and workable system, which meets the legislative requirements, and I believe we now have that in place.
“My Department’s licensing decisions are being confirmed at the Forestry Appeals Committee, which gives confidence in these revised procedures.
“My Department has a detailed project plan in place for dealing with the current backlog and new applications, which includes significant investment in extra resources required to deliver the plan. These resources are a combination of additional ecologists, forestry inspectors and administrative staff where required.
“The project plan is a targeted, process-driven approach which prioritise files in a manner which will result in an increased number of licences being issued in the short-term and will deliver a return to expected timelines in the longer term.
“Applicants who have or are prepared to submit a Natura Impact Statement, where appropriate, will be prioritised.
“A Project Management Board, with a dedicated Project Manager, will oversee and monitor delivery. There will be a continuous review of the process, in order to effect efficiencies.
“A communication plan to keep stakeholders fully and regularly informed of progress, with a dedicated central resource to deal with queries, is a key element of the project. While much of the success of the project plan lies with my Department, stakeholders also need to engage with it.
“This will require a commitment from forestry companies to submit applications that are of the required standard and quality, and to submit NISs in accordance with the guidance provided.
“I am more than aware that the current situation is challenging, but it is a temporary disruption which, when resolved, will make for a better, more sustainable and fit-for-purpose forestry licensing system for many years to come.”
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