The Forestry Appeals Committee (FAC) published 101 appeal decisions relating to 66 licence decisions last year.
The FAC is an independent appeals body for anybody who wishes to challenge the decision of the Department of Agriculture, Food and the Marine (DAFM) to grant a licence for forestry planting, felling or road construction.
According to the FAC report for 2023, 97% of the determinations made by the committee were to set aside licence decisions.
The data shows that in 17% of the decisions made by the committee, the appeal was allowed.
For 80%, the application was set aside and sent back to the Minister for Agriculture, Food and the Marine for processing due to significant or serious errors which had been identified.
These errors may have related to mapping or environmental screening, while some were technical in nature, such as quoting an incorrect address.
The committee affirmed the decision to grant the forestry licence in the remaining 3% of appeals.
The report shows that the majority (69%) of the decided appeals related to afforestation licences, 20% to felling licences and 11% to forestry roads.
Forestry
Since the FAC was established in 2018, the number of appeals significantly increased year-on-year to 2020.
The numbers reduced during 2021 following the introduction of the legislative changes in October 2020.
The amendments introduced by the Forestry (Miscellaneous Provisions) Act, 2020 resulted in the establishment of additional divisions of the FAC to deal with appeals in a more expeditious manner.
Throughout 2023, four divisions of the FAC heard 104 appeals against 74 licences, there were two appeals where an oral hearing was deemed necessary.
The committee said that a forestry licence may be subject to one or more appeals.
The FAC noted that the delay in the introduction of the new Forestry Programme is likely to have impacted on the volume of licences issued and consequently the number of appeals it received during 2023.
On January 1, 2023, there were 100 appeals on hand that concerned 77 licence decisions, all of which were carried over from the previous years.
During 2023 there were 99 appeals received against 80 licence decisions.
The committee said that 56 appeals were invalidated or withdrawn, leaving 43 valid appeals received against 41 licence decisions.
Appeals
The report shows that from the date an appeal is heard to the date parties involved received a decision took on average 55 days during 2023.
The FAC said that this period has varied from case to case, depending on matters such as the nature and complexity of the grounds of appeal lodged.
Entering into 2024, the committee said that the skillset of its membership is “appropriate to address the volume and complexity of appeals being made”.
However, it was noted that the makeup of the committee will be monitored on an ongoing basis to ensure there continues to be adequate capacity to address appeals.