Tuesday, 3 December 2019
Department of Agriculture, Food and the Marine
An application for the Afforestation Grant and Premium Scheme was made on behalf of the person named in June 2019. The assessment of the application is on-going and is being carried out in accordance with recently revised Appropriate Assessment Procedures (AAP). The proposed plantation is in proximity to 12 Natura sites and each of these will require careful consideration during the assessment of the application. The application was therefore referred to my Department’s archaeologist and, in tandem, to the prescribed bodies, for their input.
I acknowledge that changes made to internal Appropriate Assessment Procedures (AAP) has resulted in delays to many files. These are beyond my Department’s control as officials are obliged to implement changes to AAP that were required following important Court of Justice of the European Union (CJEU) decisions and their subsequent interpretation by the Forestry Appeals Committee (FAC) and others. All forestry licences issued by the Department undergo a legal consent process. Since 2017, all forestry licence applications received have been subject to a statutory public notification system and are subject to a statutory appeal system operated by the FAC.
Most appeals have been in connection with our Appropriate Assessment (AA) procedure. The Habitat Directive (Article 6.3) requires that where a plan or project is likely to have a significant effect on a Natura site, either individually or in-combination with other plans or projects, it must undergo an appropriate assessment of its implications for that Natura site.
We have amended the AA procedure in order to introduce a robust and workable system which will address the issues now faced. Introducing this system involves the recruitment of additional ecological expertise and changes in procedures for the forestry inspectorate. The Department is in the process of recruiting additional ecologists and we also have access to external ecological support, which will be supplemented in due course. Inspectors have already undergone training and will receive appropriate support in delivering these new procedures.. A categorisation of files affected by these requirements is also underway in order to best assess further action needed and by whom.
I am fully aware of the concerns of applicants, such as the person named, and other stakeholders in the sector, in relation to the AA process. My officials are in regular communication with stakeholders and they have been fully apprised of the issues involved and of my Department’s efforts to address them. They have also been advised of steps they can take to ensure that applications received are completed to an acceptable standard and to take account of any issues relating to sensitive habitats.