Seán Sherlock (Cork East, Labour)
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485. To ask the Minister for Agriculture, Food and the Marine if owners of ash dieback within SACs or SPAs are excluded from Circular 21/2022 issued by the Forestry Service, which allows for exemption for planning permission from replacing broadleaves with conifers; if so, if he will provide scientific-based evidence for their exclusion; and if he will make a statement on the matter. [21308/23]

Claire Kerrane (Roscommon-Galway, Sinn Fein)
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486. To ask the Minister for Agriculture, Food and the Marine if he will advise if Circular 21/2022 issued by the Forestry Service provides for an exemption from the requirement for planning permission for projects involving the replacement of broadleaf high forest by conifer species in all applications less than ten hectares; if not, if contrary to this circular, land owners within special protection areas or special areas of conservation, are being prohibited; and if he will make a statement on the matter. [21311/23]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 485 and 486 together.

Circular 21/2022, as issued by my Department for Registered Foresters and other stakeholders, and Circular Letter EUIPR03/3033, as issued by the Department of Housing, Local Government, and Heritage for Local Authorities and other planning bodies, are intended to explain the legislative changes brought about by the Planning and Development Act 2000 (Exempted Development) (No. 5) Regulations 2022 (S.I. No. 664 of 2022).

This legislation provides for an exemption from the requirement for planning permission for projects involving the replacement of broadleaf high forest by conifer species for applications less than 10 hectares where the project is licensed or approved by the Minister for Agriculture, Food and the Marine. This exemption includes where proposed projects are located within European sites. Projects located in a city, a town or an comparable urban area may not avail of this exemption.

However, as set out above any such proposed project still requires a licence or approval from my Department and in assessing applications my Department is still required, amongst other things, to screen Appropriate Assessment (AA). If the proposed project is deemed to require Appropriate Assessment or any other environmental assessment, the Department must then ensure that assessment is completed before any final decision is made. Each application is assessed on its individual merits when received by the Department but where it is determined that a significant adverse impact on a European site may result from aspects of the proposed project approval must by law be refused. This may occur, for example, where following consultation with the National Parks and Wildlife Service the original approval given to plant the trees within the European site was contingent on only broadleaf species. In such circumstances an option for the landowner may be to replant with an acceptable alternative broadleaf species.

Seán Canney (Galway East, Independent)
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487. To ask the Minister for Agriculture, Food and the Marine if the new ash dieback scheme will be extended to forest owners who received the previous support but who have lost financially; and if he will make a statement on the matter. [21320/23]

Charlie McConalogue (Donegal, Fianna Fail)
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Under the previous two reconstitution schemes for Ash Dieback a total of €9.2 million has been expended by the Department of Agriculture, Food and the Marine. The Deputy will be aware that the my Department recently launched an interim scheme for the Reconstitution of Ash Dieback.

This scheme includes the following enhanced measures.

- Enhanced site clearance grant rate, increased to €2,000.

- Enhanced grant rates as per draft Forestry programme 2023-2027

- Those applicants whose sites are still in premium will continue to receive the premium due for the remaining years.

- In addition, for those in receipt of farmer rate of premium, a top up premium equal to the difference between the equivalent forestry type and the existing premium will be paid. This will be calculated for the remaining years left in premium and paid in a single sum.

- For non-farmers a top up payment of €300 per hectare calculated on the same basis.

A similar scheme for the reconstitution of ash dieback will be launched as part of the new forestry programme.

State Aid Guidelines provide for aid for the restoration of damage to forests caused by a variety of events including damage from disease and pests. State Aid rules are explicit that this aid is for restoration and does not facilitate compensation for loss including income.

We continue to review the operation of the ash dieback scheme, having regard to its effectiveness, the status of the plantations, state aid regulations and other issues having regard to the age and stage of the rotation of the almost 16,000 hectares of ash that were grant aided between 1990 and 2013.