Michael Creed (Cork North West, Fine Gael)
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Question 187: To ask the Minister for the Environment, Heritage and Local Government if, in view of the critical importance attached in the Revised Programme for Government 2009 of the forestry sector, he will clarify the situation as provided for under the New Planning and Development Act with regard to planning charges for forestry roads associated with clear felling; and if he will make a statement on the matter. [21091/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
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The Planning and Development (Amendment) Bill 2009 amends the current exemption in relation to forestry works by –

(i) requiring planning permission for any access point of a private forest road onto a public road, and

(ii) providing for the possibility of Environmental Impact Assessment (EIA) on private forest roads.

The exemptions for thinning, felling and replanting, maintenance, etc., under the current Act will be maintained under the Bill.

The proposed amendment in the Bill providing for EIA on private forest roads arises directly from the recent ECJ determination (Case 427/07), which found that Ireland's transposition of the EIA Directive was deficient on the grounds that it did not provide for the possibility of EIA on private roads. My Department, the Department of Agriculture, Fisheries and Food and the Office of the Parliamentary Counsel are currently examining whether an amendment to the Planning Bill could be introduced, as an alternative, to enable the requirements of the EIA Directive to be fulfilled through a separate forest consent process which will be prescribed by way of EC Regulations to be made by the Minister for Agriculture, Fisheries and Food.

There are no plans to introduce planning charges relating to forestry roads, irrespective of whether section 4 of the Bill, as drafted, is enacted.