Charlie McConalogue (Donegal, Fianna Fail)
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The ‘Standards for Felling and Reforestation’ document was circulated to the forestry sector in October 2019. These Standards immediately replaced measures relating to tree felling, as set out in the previous ‘Forest Harvesting & the Environment Guidelines’ originally published in 2000. The 2019 ‘Standards for Felling and Reforestation’ document remains in place, setting out mandatory measures that apply to all felling (thinning and clearfelling) and reforestation projects on all sites throughout Ireland, undertaken under a tree felling licence issued by the Department under the Forestry Regulations, 2017 (S.I. No. 191/2017).

Furthermore, the ‘Project Woodland: Regulatory Review Report’ published by solicitors Philip Lee LLP in June 2022, following its review of forest regulation, recommended the adoption of standardised conditions and generally binding rules, with the objective of “ensuring consistency, clarity, and a streamlined approach to drafting and determining licences.”

My Department is currently looking at standardising, as far as possible, felling licence conditions where this meets the above objective regarding consistency and clarity, and this process will feed into the updating of the ‘Standards for Felling and Reforestation.’

My Department will undertake consultation regarding this process with all stakeholders in due course.

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 281 to 284, inclusive, together.

My Department investigate all reports of forestry-related water pollution incidences and have a protocol for acute forest and water incidents.

This protocol is outlined in my Department’s document ‘Forests & Water – Achieving Objectives under Ireland’s River Basin Management Plan 2018-2021’

Incidents can arise where water is being directly impacted upon, or is under impending risk, due to forestry activities such as felling, afforestation, forest road works etc.

The protocol includes measures such as the deployment of emergency safeguards, water monitoring, engagement with professional expertise to oversee mitigation measures, and notification to relevant authorities, including partner organisations under the Water Framework Directive.

I am not aware of specific incidences of water pollution that have been notified to my Department that have been directly attributed to activities involving the removal of temporary bridges on harvesting sites, the application of fertiliser, the application of herbicides and pesticides, and the application of urea on to conifer stumps.

Charlie McConalogue (Donegal, Fianna Fail)
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The Forestry Act 2014 provides the main legal and regulatory framework for forestry in Ireland. The Forestry Act 2014 defines deforestation as the conversion of a forest into land that is not a forest. The regulation of forestry is necessary in order to protect forests and also to ensure that forestry operations and activities are carried out in compliance with the principles of sustainable forest management (SFM). There is an obvious need to avoid deforestation in relation to economic and social considerations and environmental considerations such as carbon, landscape and amenity.

My Department published a Felling and Reforestation Policy document in 2017 outlining the scenarios where forests can be permanently removed under licence. Examples of this include supporting renewable energy projects such as wind farms or where there are overriding environmental considerations. The EU Deforestation Regulation is also aimed at preventing the placement of certain commodities on the EU market from deforested areas.

As part of Ireland’s reporting obligations to the United Convention on Climate Change, the annual National Inventory Report details the following information as regards annual deforestation in Ireland over the last ten years. This information is derived from the National Forest Inventory, which is a detailed periodic survey of permanent forest sample plots based on a sample grid design of 2 kilometres x 2 kilometres. These figures in the table below are estimates based on the NFI plot data and are scaled up nationally and are indicative.

Charlie McConalogue (Donegal, Fianna Fail)
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Forestry in Ireland operates within a legal and regulatory framework – the Forest Act 2014 and the Forestry Regulations 2017 (SI No 191 of 2017). Tree felling licences carry an obligation to replant the area felled. The requirement to obtain a tree felling licence with an obligation to replant after felling has facilitated, in part, sustainable forest management, in all but the most exceptional cases. My Department has a number of approaches to the issue of non-replanting.

According to my Department's records, four prosecutions were taken against landowners for failing to carry out a replanting obligation in recent years. A conviction occurred in each of the following years, 2021, 2022 and 2023. Another case was struck out in 2021. .

Compliance with forestry licence conditions is an important element of the forestry licensing process and is crucial to maintaining the integrity of the forestry licensing system. My Department carries out monitoring of licence holders for compliance with licence conditions. Typically a Replanting Order is the primary method used, rather than prosecutions, to ensure the replanting obligation is met in full. The Forestry Act 2014, provides recourse to issue a Replanting Order.

According to my Department’s records the following number of Replanting Orders issued since 2018.

Also, breaches of conditions attached to licences and grant approval detected by the above procedures and by other means (e.g. reports by 3rd parties) may elicit sanctions from the Department, depending on their nature and extent.

This may entail one or more of the following measures:

• the withholding of grant and premiums until appropriate remedial work is carried out to the satisfaction of the Department
• application of financial penalties under DAFM’s forestry-related penalty system;
• the revoking of forestry licences issued;
• established sanctions under the DAFM’s Registered Forester system, including an increased site inspection regime applied to projects involving the Registered Forester in question, or his / her removal from the list of Registered Foresters and consequential exclusion from certain types of future work.