DÁIL ÉIREANN

AN BILLE FORAOISEACHTA (FORÁLACHA ILGHNÉITHEACHA), 2020 FORESTRY (MISCELLANEOUS PROVISIONS) BILL 2020 LEASUITHE COISTE COMMITTEE AMENDMENTS

[No. 32a of 2020] [29 September, 2020]

DÁIL ÉIREANN

AN BILLE FORAOISEACHTA (FORÁLACHA ILGHNÉITHEACHA), 2020 —ROGHCHOISTE

FORESTRY (MISCELLANEOUS PROVISIONS) BILL 2020 —SELECT COMMITTEE

Leasuithe Amendments

SECTION 2 1. In page 4, between lines 5 and 6, to insert the following: “(7) The Forestry Appeals Committee would give their decision on an appeal within eight weeks of receipt or, in the case of an oral hearing taking place, the decision would be four weeks after oral hearing date.”.”. —Michael Fitzmaurice. 2. In page 4, between lines 5 and 6, to insert the following: “(7) The chairperson of the Forestry Appeals Committee shall make available to the public, an annual report on the Committee’s activities.”.”. —. 3. In page 4, between lines 5 and 6, to insert the following: “(7) The chairperson of the Forestry Appeals Committee shall make available to the public, an annual report on the Committee’s activities, including in particular details on the following for the year in question: (a) the number of appeals made; (b) the number of licensing decisions varied on appeal; (c) the number of licensing decisions unchanged following appeal; (d) as appropriate, a detailed breakdown on the treatment of fees and handling of fees and any refunds arising; (e) the numbers of appeal decisions challenged in the courts and a summary of the outcome from such proceedings; (f) a summary of the main grounds for appeal; (g) as appropriate, the number of screenings for environmental impact assessment undertaken and the number of environmental impact

[No. 32a of 2020] [29 September, 2020] [SECTION 2]

assessments subsequently undertaken by the Forestry Appeals Committee, where the environmental impact assessment is as defined in section 14B and Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014; (h) as appropriate, the number of screenings for appropriate assessment undertaken and the number of appropriate assessments subsequently undertaken by the Forestry Appeals Committee where Appropriate Assessment is as defined in section 14B or has the meaning given to it by the European Communities (Birds and Natural Habitats) Regulations 2011.”.”. —, Bríd Smith, , Paul Murphy, Mick Barry. 4. In page 4, between lines 5 and 6, to insert the following: “(7) The chairperson of the Forestry Appeals Committee shall make available to the public an annual report on the Committee’s activities, including details of the following for the year in question: (a) the number of appeals made; (b) the number of licensing decisions varied on appeal; (c) the number of licensing decisions unchanged following appeal; (d) as appropriate, detailed breakdown on the treatment of fees and handling of fees and any refunds arising; (e) the number of appeal decisions challenged in the courts and a summary of the outcome from such proceedings; (f) a summary of the main grounds for appeal.”.”. —, Thomas Pringle.

SECTION 3 5. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister, in making appointments to the Forestry Appeals Committee, shall consider the skills and experience necessary to undertake appeals of forestry licences and shall ensure it has members with experience and skills particularly in respect of: biodiversity, water quality, climate change and environmental legislation.”,”. —Holly Cairns, Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, , Catherine Connolly, Thomas Pringle.

6. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister shall establish panels of expert bodies to propose nominees for inclusion of the members of the Forestry Appeals Committee, similar to the panels used to appoint members of the

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Board of An Bord Pleanála who determine appeals in Planning matters.”,”. —Holly Cairns, 7. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister shall not appoint officers from the Minister’s Department or from the Government to the Forestry Appeals Committee, in order to ensure the independence of the Forestry Appeals Committee as an appeal mechanism for licencing decisions taken by the Minister,”,”. —Holly Cairns, Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 8. In page 4, between lines 14 and 15, to insert the following: “(1C) Within 6 months of the coming into operation of this Act, the Minister shall provide a report to the Oireachtas on the composition and appointments to the Forestry Appeals Committee, how the independence of the Forestry Appeals Committee could be improved, how the role of the Minister in appointing members of the Forestry Appeals Committee to oversee appeals on decisions made by the Minister might be changed and, as appropriate, outlining any legislative changes required to give effect to such proposals.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 9. In page 4, between lines 14 and 15, to insert the following: “(1C) (a) The Minister shall establish panels of expert bodies to propose nominees for appointment as members of the Forestry Appeals Committee, similar to the panels used to appoint members of the Board of An Bord Pleanála who determine appeals in planning matters. (b) Such panels should comprise input from expert bodies and agencies such as the Environmental Protection Agency, the National Parks and Wildlife Service, An Taisce: the National Trust for Ireland, the Environmental Pillar and the Heritage Council. (c) The Minister shall consider the nominees proposed in making appointments to the Forestry Appeals Committee.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 10. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister, in making appointments to the Forestry Appeals Committee shall consider the skills and experience required to undertake appeals of forestry licences and shall ensure its Members have these skills, particularly in respect of environmental legislation.”,”. —.

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11. In page 4, between lines 14 and 15, to insert the following: “(1C) (a) The Minister shall establish panels of expert bodies to propose nominees for inclusion as members of the Forestry Appeals Committee. (b) Such panels should comprise input from expert bodies and agencies such as: the Environmental Protection Agency, the National Parks and Wildlife Service, An Taisce: the National Trust for Ireland, the Environmental Pillar, the Heritage Council. (c) The Minister shall consider the nominees proposed in making appointments to the Forestry Appeals Committee.”,”. —Catherine Connolly, Thomas Pringle. 12. In page 4, between lines 14 and 15, to insert the following: “(1C) Within 6 months of the coming into operation of this Act, the Minister shall provide a report to the Oireachtas on the composition and appointments to the Forestry Appeals Committee.”,”. —Catherine Connolly, Thomas Pringle. 13. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister shall not appoint officers from the Minister’s Department or from the Government to the Forestry Appeals Committee.”,”. —Catherine Connolly, Thomas Pringle. 14. In page 4, line 16, after “ “(2A)” to insert “For a period of twelve months after the passing of this Act,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 15. In page 4, line 32, after “functions” to insert the following: “, and so the Minister shall not appoint an officer of the Department or of another Government Department to the Forestry Appeals Committee”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 16. In page 4, between lines 32 and 33, to insert the following: “(2G) Notwithstanding anything in this section, the Minister shall ensure any and all divisions of the Forestry Appeals Committee organised to hear any appeal, include members with skills and expertise particularly in the fields of biodiversity, water quality, climate change, and environmental legislation.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle.

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17. In page 4, line 38, after “where a” to insert “relevant”. —, , , Sean Canney, , , Verona Murphy, Matt Shanahan, Peadar Toibín. 18. In page 5, line 1, to delete “28 days” and substitute “14 days”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, , Richard O'Donoghue. 19. In page 5, line 1, to delete “28 days” and substitute “60 days”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 20. In page 5, line 1, to delete “28 days” and substitute “42 days”. —Matt Carthy. 21. In page 5, lines 1 and 2, to delete “beginning on the date” and substitute “from the notification”. —Holly Cairns. 22. In page 5, line 2, after “the”, where it secondly occurs, to insert “notification of the”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Matt Carthy, Catherine Connolly, Thomas Pringle. 23. In page 5, between lines 3 and 4, to insert the following: “(b) Each of the following is a relevant person: (i) a person who makes an application for a licence, approval, or entry in a register under an enactment specified in Schedule 2; (ii) a person to whom a licence, approval or entry referred to in subparagraph (i) has been granted, given or made and, pursuant to a decision of the Minister under section 7(2) of the Act of 2014, conditions attaching to it are varied, or it is suspended, revoked or removed; (iii) a person who has, in accordance with regulations for the time being made under section 6, 10, 17, 22 or 30 of the Act of 2014, made submissions or observations in writing to the Minister, or officer of the Minister in relation to an application referred to in subparagraph (i) or a decision of the Minister referred to in subparagraph (ii); (iv) a person who has an interest in land adjoining land in respect of which, a decision has been made on foot of an application referred to in subparagraph (i) or a decision referred to in subparagraph (ii) has been made and, who satisfies the Forestry Appeals Committee that— (I) the matter to which the decision on foot of the application refers or the matter to which the decision refers will differ

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materially from the matter to which the application, licence, approval or entry referred by reason of conditions imposed or varied or the suspension, revocation or removal, and (II) the imposition, or variation of the conditions or the suspension, revocation or removal will materially affect the person’s enjoyment of the land or reduce the value of the land; (v) a person prescribed by regulations for the time being made under section 17 or 22 of the Act of 2014 as a person to be consulted, in accordance with those regulations, by the Minister under section 17(5) or 22(5) of that Act who the Forestry Appeals Committee is satisfied ought to have been and was not consulted by the Minister in relation to an application referred to in subparagraph (i); (vi) in relation to an application referred to in subparagraph (i) or a decision referred to in subparagraph (ii) which requires the carrying out of a screening for environmental impact assessment, submission of an environmental impact statement, carrying out of an environmental impact assessment, screening for an appropriate assessment, submission of a Natura Impact Statement or carrying out of an appropriate assessment, an environmental body.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 24. In page 5, to delete lines 4 to 9. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín, Matt Carthy. 25. In page 5, to delete lines 4 to 9 and substitute the following: “(b) The Minister may, having regard to the public interest and fairness of procedures, prescribe a period which is longer than the period specified in paragraph (a), in order to ensure wide access to the appeal mechanism of the Forestry Appeals Committee, and in light of the cumulative effect of decisions of the Minister on the burden of the public in engaging with the appeal mechanism.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 26. In page 5, line 6, to delete “28 days and not shorter than 14 days” and substitute “14 days and not shorter than 10 days”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

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27. In page 5, line 7, to delete “28 days” and substitute “14 days”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 28. In page 5, between lines 9 and 10 to insert the following: “(c) Where a licence application for felling, afforestation, forest road works, or aerial fertilisation of forests has not been decided upon by the Licencing Authority within 90 days of the receipt of the application it will be referred to the Forestry Appeals Committee for determination.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 29. In page 5, to delete lines 10 and 11 and substitute the following: “(e) by the substitution of the following for subsection (6): “(6) (a) The decisions of the Forestry Appeals Committee shall be subject to judicial review in the High Court. (b) Notwithstanding anything contained in any other enactment or in Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986), and subject to the following subparagraphs, in proceedings to which this section applies, each party (including any notice party) shall bear its own costs: (i) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief. (ii) Subject to the requirement that any such costs shall not be prohibitively expensive, a court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so— (I) where the court considers that a claim or counter-claim by the party is frivolous or vexatious, (II) by reason of the manner in which the party has conducted the proceedings, or (III) where the party is in contempt of the court. (c) Nothing in the foregoing shall affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is

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in the interests of justice to do so.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 30. In page 5, to delete lines 10 and 11 and substitute the following: “(e) by the substitution of the following for subsection (6): “(6) The decisions of the Forestry Appeals Committee can be subject to judicial review in the High Court.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 31. In page 5, to delete line 11 —Catherine Connolly, Thomas Pringle. SECTION 4 32. In page 5, line 23, after “Committee.” to insert the following: “Any such regulations have to be consistent with providing for fairness of procedures and in providing wide access to the appeal mechanism of the Forestry Appeals Committee.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle.

33. In page 5, line 25, to delete “as it considers appropriate” and substitute “as are appropriate”. —Holly Cairns.

34. In page 5, lines 25 & 26, to delete all words from and including "publish" in line 25 down to "Committee" in line 26 and substitute the following: “as far as practicable, publish those rules in local print media platforms and on a website maintained by or on behalf of the Committee.”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

35. In page 5, line 26, after “Committee.” to insert the following: “Such rules may not set limits to the rights of persons or categories of persons or entities to make an appeal.”. —Holly Cairns.

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36. In page 5, line 26, after “Committee.” to insert the following: “Any such rules have to be consistent with providing for fairness of procedures and in providing wide access to the review mechanism of the Forestry Appeals Committee.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 37. In page 5, line 29, after “appeal” to insert “, but not longer than 7 working days”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 38. In page 5, line 29, after “appeal.” to insert the following: “Any such directions have to be consistent with providing for fairness of procedures and in providing wide access to the review mechanism of the Forestry Appeals Committee.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 39. In page 5, between lines 29 and 30, to insert the following: “(4) The Forestry Appeals Committee issues shall issue a decision on an appeal within 60 days of an appeal being lodged.”. —Holly Cairns.

40. In page 5, line 31, after “made” to insert “, including but not limited to, the direct impact the application has on the appellant(s)”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

41. In page 5, line 33, after “grounds.” to insert the following: “An appellant shall be allowed to furnish additional information to an appeal where the provision of that information has been compromised by delays in the processing of requests made under Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Matt Carthy, Catherine Connolly, Thomas Pringle. 42. In page 5, line 36, after “provide” to insert “details including, but not limited to, the direct impact the application has on the appellant(s)”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

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43. In page 6, between lines 2 and 3, to insert the following: “(7) Notwithstanding anything in the foregoing subsections, an appellant or party to an appeal or observer shall be allowed to furnish additional information to an appeal where the provision of that information has been compromised by delays in the processing of requests made under Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Matt Carthy, Catherine Connolly, Thomas Pringle. 44. In page 6, between lines 2 and 3, to insert the following: “(7) The Minister shall make regulations to provide for the notification of appeals made to the Forestry Appeals Committee and to allow for the input from observers to any such appeal, in order to maintain consistency with the standard of appeal available in other sectors such as planning and aquaculture in that regard.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle.

45. In page 6, to delete lines 3 to 10. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

46. In page 6, between lines 10 and 11, to insert the following: “(c) The Forestry Appeals Committee shall, where it considers it necessary or expedient for the fair and proper determination of an appeal, require a party to an appeal to provide documents to the Committee on the number of appeals previously submitted with respect to any aspect of forestry legislation.”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 47. In page 6, line 11, to delete “may” and substitute “shall”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

48. In page 6, between lines 16 and 17, to insert the following: “(c) it is not demonstrated by the appellant or party to the appeal that a direct impact in respect of the licence exists.”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

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49. In page 6, between lines 19 and 20, to insert the following: “(10) The Minister shall make regulations in respect of the obligation in decision-making of the Forestry Appeals Committee in determining appeals, in respect of environmental obligations arising under Directives of the European Union, including, but not limited to: (a) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014; (b) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, in particular articles 6, 12, 13, 14, 15 and 16; (c) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds; (d) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for community action in the field of water policy, (the Water Framework Directive), in particular in respect of Article 4.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 50. In page 6, to delete lines 20 to 40. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín, Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 51. In page 6, to delete lines 20 to 24 and substitute the following: “(10) (a) The Forestry Appeals Committee shall, in determining an appeal, carry out a screening for environmental impact assessment or an environmental assessment and screening for appropriate assessment or appropriate assessment.”. —Holly Cairns. 52. In page 6, between lines 24 and 25, to insert the following: “(aa) The Minister shall make regulations in respect of the conduct by the Forestry Appeals Committee with regard to: (i) screening for appropriate assessment; (ii) screening for environmental impact assessment; (iii) appropriate assessment;

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(iv) environmental impact assessment, and compliance of the Forestry Appeals Committee with Article 4 of the Water Framework Directive in respect of obligations to assess the impact on water quality and no deterioration in water quality consequent on its decision in respect of an appeal.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 53. In page 6, between lines 24 and 25, to insert the following: “(aa) The Forestry Appeals Committee shall not make any determination on appeals until the Minister has established regulations for conduct by the Forestry Appeals Committee with regard to: (i) screening for appropriate assessment and screening for environmental impact assessment; (ii) conduct of appropriate assessment and environmental impact assessment; and compliance with Article 4 of the Water Framework Directive in respect of obligations on the Forestry Appeal Committee to assess the impact of applications for licenses under appeal on water quality, and that no deterioration arises consequent on its decision in respect of an appeal.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 54. In page 7, to delete lines 1 and 2 and substitute the following: “(11) The Forestry Appeals Committee may dismiss an appeal which— (a) is vexatious, (b) fails to detail site specific issues, or (c) is solely based on contesting forestry policy.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín.

55. In page 7, to delete lines 1 and 2. —Holly Cairns.

56. In page 7, line 1, to delete “may” and substitute “shall”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

57. In page 7, between lines 5 and 6, to insert the following: “(b) shall have regard to the cumulative impact of forestry development

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on adjoining neighbours and the community as a whole.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 58. In page 7, between lines 9 and 10, to insert the following: “(c) shall have regard to engagement by the licence applicant of active and meaningful public consultation with the local community in advance of and in addition to any statutory requirements.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 59. In page 7, between lines 9 and 10, to insert the following: “(12A) Where an appeal is brought to the Forestry Appeals Committee against a decision of the Minister, and is not withdrawn, the Forestry Appeals Committee shall determine the application as if it had been made to the Forestry Appeals Committee in the first instance and the decision of the Forestry Appeals Committee shall operate to annul the decision of the Minister as from the time when it was given; and the Forestry Appeals Committee shall apply at least all the considerations set out in legislation for the decision of the Minister in making the decisions in the first instance, subject to any necessary modifications necessary to comply with European law.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 60. In page 7, to delete lines 13 to 16 and substitute the following: “(b) or as appropriate may—”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 61. In page 7, line 28, after “made” to insert “and no later than 60 days following receipt of the appeal”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín.

62. In page 7, line 28, after “made” to insert “, but not longer than 7 working days”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue.

63. In page 7, between lines 28 and 29, to insert the following: “(15) The substantive decision of the Forestry Appeals Committee shall be published within three days of it being made, including the reasons and considerations for the decision, and any conditions imposed, and any screening determinations and assessments and reports relied upon

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or produced in making the decision.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle.

64. In page 7, between lines 28 and 29, to insert the following: “(15) The notification and publication of a decision of the Forestry Appeals Committee shall contain information on the entitlement to pursue a judicial review in the High Court of that decision.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle.

65. In page 7, between lines 28 and 29, to insert the following: “(15) The notification and publication of a decision of the Forestry Appeals Committee shall contain information on the entitlement to pursue a judicial review in the High Court of that decision, and that such a review shall be subject to no lesser standard of protection against costs than envisaged for applicants for judicial review under section 3 of the Environment (Miscellaneous Provisions) Act 2011, in order to ensure wide access to justice.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry.

66. In page 7, to delete lines 30 to 33 and substitute the following: “14C. (1)The Forestry Appeals Committee shall determine every appeal without necessity of an oral hearing, except in very exceptional circumstances, where it is considered a last necessary resort to conduct an oral hearing in order to properly and fairly determine the appeal.”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 67. In page 7, line 37, after “Committee.” to insert the following: “Such rules shall ensure fairness of procedures and wide access to the appeal mechanism of the Forestry Appeals Committee.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 68. In page 7, line 41, after “formality.” to insert the following: “Notwithstanding anything in the foregoing, the chairperson or deputy chairperson of the Forestry Appeals Committee shall, in the conduct of an oral hearing, ensure fairness of procedures.”. —Holly Cairns.

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69. In page 7, line 41, after “formality.” to insert the following: “Notwithstanding anything in the foregoing, the chairperson or deputy chairperson of the Forestry Appeals Committee shall, in the conduct of an oral hearing, ensure fairness of procedures and wide access to the appeal mechanism of the Forestry Appeals Committee.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 70. In page 8, to delete lines 6 to 8. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 71. In page 8, lines 18 and 19, to delete “, having regard to the matter specified in subsection (2),”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 72. In page 8, to delete lines 25 to 27 and substitute the following: “(2) When making a directive under this section, the Minister shall have regard to the need to ensure the sustainability of the forestry sector and the public goods and services in the State.”. —Holly Cairns. 73. In page 8, to delete lines 25 to 27 and substitute the following: “(2) When making a directive under this section, the Minister shall have regard to the need to ensure the sustainability of public goods and services in the State.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Matt Carthy, Catherine Connolly, Thomas Pringle. 74. In page 8, to delete lines 28 and 29 and substitute the following: “(3) The Minister shall make a change to the forestry application procedure whereby an ecologist, appointed by the Minister, would screen the application and determine the screening in or out in an initial overview and those screened out would be sanctioned to the silviculture operations i.e. Forestry Inspector and Technical side who would then deal with other matters pertaining to the application.”. —Michael Fitzmaurice, Seán Sherlock. 75. In page 8, to delete lines 33 to 37 and substitute the following: “(5) The Minister shall seek the approval of each House of the Oireachtas prior to issuing a directive under subsection (1), or making an amendment or revocation under subsection (3).”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín.

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76. In page 9, between lines 21 and 22, to insert the following: “(i) procedures for the withdrawal of an appeal or the rejection of a licence where there is a failure to furnish information or attend as a witness in a timely manner;”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 77. In page 9, line 28, after “of” to insert “all”. —Catherine Connolly, Thomas Pringle. 78. In page 9, line 35, to delete “regulations.” and substitute the following: “regulations; (o) in respect of detailed specification for the conduct by the Forestry Appeals Committee of screening for appropriate assessment; screening for environmental impact assessment; appropriate assessment; environmental impact assessment, and compliance of the Forestry Appeals Committee with Article 4 of the Water Framework Directive in respect of obligations to assess the impact on water quality and no deterioration consequent on its decision in respect of an appeal.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 79. In page 9, between lines 35 and 36, to insert the following: “(o) where the Appellant is not the Applicant, a submission must have been made during the application stage.”. —Michael Fitzmaurice. 80. In page 9, between lines 35 and 36, to insert the following: “(2) Where the Minister makes such a regulation under subsection (1), they will lay before both Houses of the Oireachtas a report on such regulations for consideration.”. —Holly Cairns. 81. In page 9, line 38, after “the” to insert “efficient”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 82. In page 9, after line 41, to insert the following: “(3) The Minister shall not make regulations under this section prior to the approval of each House of the Oireachtas.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín.

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83. In page 10, to delete lines 2 to 7 and substitute the following: “14F. Fees will not be charged to a member of the public when making an appeal.”.”. —Marian Harkin, Catherine Connolly, Thomas Pringle. 84. In page 10, line 3, after “fees” to insert “, not exceeding €50,”. —Matt Carthy. 85. In page 10, line 3, to delete “may” and substitute “are not less than €2,000 and”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 86. In page 10, between lines 5 and 6, to insert the following: “(2) In the event of an appellant submitting a subsequent appeal against the issuance of the same licence type, regarding land contiguous to the prior appeal, in relation to the same applicant, within 28 days, the appellant fee shall be waived.”. —Matt Carthy. 87. In page 10, line 6, to delete “may” and substitute “shall”. —Holly Cairns, Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 88. In page 10, line 7, to delete “in specified circumstances” and substitute the following: “where an appeal is upheld, or where it is consistent with justice and in the public interest to do so”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 89. In page 10, between lines 7 and 8, to insert the following: “(3) The Minister shall not prescribe fees under this section prior to the approval of each House of the Oireachtas.”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 90. In page 10, between lines 7 and 8, to insert the following: “(3) All relevant information should be forwarded to the Forestry Appeals Committee within 14 days of a submission been made.”.”. —Michael Fitzmaurice. 91. In page 10, between lines 7 and 8, to insert the following: “(3) A fee of €20 shall be charged per submission.”. —Michael Fitzmaurice.

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92. In page 10, between lines 7 and 8, to insert the following: “(3) In prescribing under subsection (1), the Minister shall set fees at a cost that is fair and equitable, and that is not prohibitive.”.”. —Holly Cairns. 93. In page 10, between lines 7 and 8, to insert the following: “(3) In prescribing under subsection (1), the Minister shall consider the necessity to provide wide access to the appeal mechanism of the Forestry Appeals Committee, and the cumulative impact of decisions of the Minister on fees arising for appellants.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 94. In page 10, between lines 7 and 8, to insert the following: “(3) When prescribing under subsection (1), the Minister shall have regard to the following: (a) the importance of promoting public participation in the forestry sector; (b) the obligations of the State under the Aarhus Convention, other international obligations, and the need to encourage the involvement of the public in environmental decision-making; and (c) the public good provided by individual citizens, experts, groups with expertise or interest in forestry and the environment being able to make appeals under the Act.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 95. In page 10, between lines 7 and 8, to insert the following: “(3) In prescribing under subsection (1), the Minister shall consider the important contribution and role of environmental bodies in environmental decision-making and the necessity to provide for access to the appeal mechanism of the Forestry Appeals Committee, and the cumulative impact of decisions of the Minister on fees arising for such appellants.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 96. In page 10, between lines 7 and 8, to insert the following: “(3) In prescribing under subsection (1), the Minister shall set fees at a cost that is fair and equitable, that is not prohibitive and which does not discourage the making of an appeal.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry.

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97. In page 10, between lines 7 and 8, to insert the following: “Right to appeal 14G. No rule or direction made under any part of this Act shall allow for the exclusion of a person or category of person in Ireland from making a reasonable, detailed, site-specific appeal under this Act.”.”. —Holly Cairns. SECTION 5 98. In page 10, to delete line 19. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 99. In page 10, between lines 19 and 20, to insert the following: “(d) in section 22, by the insertion of the following subsection after subsection (9): “(10) (a) The Minister shall provide for and cause the publication, on a website maintained by or on behalf of the Minister, of the substantive decision of the Minister on a license, including the reasons and considerations for the decision, any conditions imposed and the reasons and considerations for them and any assessment or reports relied upon or produced, or information relied upon in making the decision, within a period of three days after making the decision. (b) The Minister shall make regulations necessary to comply with paragraph (a).”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry.

100.In page 10, between lines 19 and 20, to insert the following: “(d) in section 22, by the insertion of the following subsection after subsection (9): “(10) (a) The Minister shall provide for and cause the publication, on a website maintained by or on behalf of the Minister, of the substantive decision of the Minister on a licence, including the reasons and considerations for the decision, any conditions imposed and the reasons and considerations for them and any screening determinations, assessments or reports relied upon or produced, or significant information relied upon in making the decision, within a period of three days after making the decision. (b) The Minister shall make regulations necessary to comply with paragraph (a).”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle.

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SECTION 6 101.In page 10, line 33, to delete “on or after” and substitute “after a period of 28 days after”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 102.In page 10, line 37, after “continue” to insert “, only for a period of two months, but may be re- appointed,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 103.In page 10, after line 39, to insert the following: “(4) The Minister shall revisit the appointments to the Forestry Appeals Committee in order to ensure the independence and requisite expertise and experience of the Committee, particularly in respect of environmental legislation, water quality, biodiversity and climate considerations, within a period of 12 months of the coming into operation of section 3 and/or section 4.”. —Holly Cairns.

104. In page 10, after line 39, to insert the following: “(4) The Minister shall revisit the appointments to the Forestry Appeals Committee in order to ensure the independence and requisite expertise and experience of the Committee, particularly in respect of environmental legislation, water quality, biodiversity and climate considerations, within a period of two months of the coming into operation of section 3.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 105.In page 10, after line 39, to insert the following: “(4) The Minister shall cause a report to be laid before the Oireachtas by 31 January 2021 on the new appointments made to the Forestry Appeals Committee following the enactment of this Act, and support a debate in the Oireachtas on the matter.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 106.In page 11, between lines 2 and 3, to insert the following:

“Report on Brexit and Forestry 7. Within 60 days of the passing of this Act, the Minister shall lay a report before both Houses of the Oireachtas considering the impact of Brexit on the forestry sector.”. —Holly Cairns.

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107.In page 11, between lines 2 and 3, to insert the following:

“National Forestry Programme 7. Within 90 days of the passing of this Act, the Minister shall produce and lay before both Houses of the Oireachtas a timeline for the development of a new national forestry programme.”. —Holly Cairns. 108.In page 11, between lines 2 and 3, to insert the following:

“Publication of licencing and appeals decisions 7. The Minister, prior to the commencement of section 3 and 4, shall provide for the establishment of a mechanism to publish, on a website maintained by or on behalf of the Minister, the following: (a) the Minister’s licensing decisions, including the reasons and considerations for the decision, any conditions imposed and the reasons and considerations for those conditions, and any reports and assessments produced or relied upon in making that decision; (b) the decisions of the Forestry Appeals Committee on appeals, including the reasons and considerations for the decision, any conditions imposed and the reasons and considerations for those conditions, and any reports and assessments produced or relied upon in making that decision.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 109.In page 11, between lines 2 and 3, to insert the following:

“Review of operation and effectiveness of Act 7. Not later than 30 January 2021, the Minister shall— (a) review the operation and effectiveness of this Act and the effect of its provisions, including: (i) considering the effect of any fees imposed on the accessibility of the appeal mechanism; (ii) detailing the rationale for any fees imposed; (iii) any issues encountered with the provisions; (iv) the status of regulations provided for under this Act; (v) proposals in relation to commencement of provisions; (vi) appointments to the Forestry Appeals Committee; (vii) the conduct of appeals;

21 [SECTION 6]

(viii) the numbers of appeals processed; (ix) the number of appeals subject to judicial review, (b) before preparing such a review, conduct a public consultation on the effect of the Act and in relation to any concerns arising, and include such submissions and a summary of them in the review, and (c) lay before each House of the Oireachtas a report of his or her conclusions from the review, and support a debate in the Oireachtas on the matter.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 110.In page 11, between lines 2 and 3, to insert the following:

“Regulations supporting conduct of Forestry Appeals Committee 7. The Minister, prior to the commencement of section 3 and 4, shall provide for regulations necessary to support the conduct of the Forestry Appeals Committee with regard to: (a) screening for environmental impact assessment and appropriate assessment; (b) environmental impact assessment and appropriate assessment; (c) ensuring compliance by the Forestry Appeals Committee with its obligations under Article 4 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for community action in the field of water policy, to ensure assessment of the impact of their decision and avoidance of deterioration of the water quality of a water body consequent on their decision, in accordance with Article 4.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 111. In page 11, between lines 2 and 3, to insert the following:

“Regulations supporting the conduct of the Forestry Appeals Committee 7. The Minister, prior to the commencement of section 3 and 4, shall provide for regulations necessary to support the conduct of the Forestry Appeals Committee with regard to: (a) screening for environmental impact assessment and appropriate assessment; (b) environmental impact assessment and appropriate assessment; (c) ensuring compliance by the Forestry Appeals Committee with its obligations under Article 4 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for community action in the field of water policy, to ensure when deciding on appeal, obligations in respect of assessing of the impact of their decision and avoidance of deterioration of the water quality of a water body consequent on their decision, in accordance with Article 4.”. —Catherine Connolly, Thomas Pringle.

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