Forest Service Appeals Unit

Background

Every customer has the right facility to appeal against any decision of the Forest Service affecting his or her entitlements under the grant and premium schemes. In practice, the majority of appeals relate to the refusal of applications for planting approval or where approval has been given for a smaller area. In general appeals are lodged under the following categories:

Approvals for afforestation, which are withheld, restricted or conditional
Public consultations - third party appeals against afforestation proposals
Premium and grant rates
Other Schemes - Reconstitution of Woodland, Forest Roads and
Penalty cases

In accordance with current environmental regulations, which came into operation in October 2001, an extensive consultation process is undertaken before an afforestation proposal is approved in certain environmentally sensitive areas. A press notice is placed in a local newspaper and the public is invited to submit observations on afforestation proposals for any of the following designated areas:

Natural Heritage Area, Special Area of Conservation, Special Protection Area or a National Park
an area containing an archaeological site or feature with intensive public usage
a prime scenic area in a County Development Plan or listed in an Inventory of Outstanding Landscapes.

Local authorities and environmental organisations are also formally consulted about applications relating to such areas. If the public or any of these organisations object to the planting proposal, the Forest Service takes their observations and objections into consideration. If the decision on the proposal results in the objection not being upheld, those who objected are informed of their right to appeal within 21 days.

Functions

The Forest Service Appeals Unit is responsible for processing appeals by customers and third parties, as above. Appeals are dealt with as follows:

all appeals are logged on receipt and acknowledged within five working days
the relevant documents are forwarded to the divisional inspector for a report
the application, the appeal and this report are put before the appeals committee for consideration
where possible a substantive reply is issued within twenty working days
where the matter requires a longer period of investigation, the appellant will be given a revised response time and informed of progress on an ongoing basis.

Appeals Committee

The appeals committee is comprised of senior officers from the inspectorate and administrative sides of the Forest Service. The independence and quality of the decisions are assured by the fact that inspections and adjudication on appeal cases are carried out by more senior officers previously not involved in the original decision.

Customers have recourse to the Office of the Ombudsman if they are dissatisfied with the outcome of their appeal.

Contacts

Appeals should be made in writing setting out the grounds for the appeal and addressed to:

The Forest Service Appeals Unit
Department of Agriculture and Food
Johnstown Castle Estate
Wexford

You may contact the following staff in the Appeals Unit

Nicola Rawle: 053 9165520
Email: Nicola.Rawle@agriculture.gov.ie

Ann Dunne: 053 9153517
Email: Ann.Dunne@agriculture.gov.ie

Michael Mackey: 053 9165587
Email: Michael.Mackey@agriculture.gov.ie

Lands Taken Out Section

Background

All plantations are subject to the provisions of the 1946 Forestry Act. Its purpose is to protect the country's stock of trees, to prevent any indiscriminate felling of trees and to protect the environment.

Functions

The Lands Taken Out Section is responsible for processing cases where lands are taken out of forestry schemes and for calculating the money to be repaid. On receipt of an application to remove trees from a plantation, a stop is placed on all future premium payments.

The applicant is requested to submit a revised species map, which is examined by the district forestry inspector. Inspections are undertaken as necessary.

The historical grant and premium payments are examined and the applicant is given one month to refund repay an amount duecorresponding to the grant and premiums paid in respect of the area deforested. In the event that the applicant does not forward the payment, the debt is registered against the applicant. Interest accrues at 3% per annum and debts are offset against payments due to the applicant under other schemes operated by the Department of Agriculture, Fisheries and Food.

The Lands Taken Out Section is also responsible for providing statements of premium loss for ESB compensation claims.

Contacts

You may contact the following staff in the Lands Taken Out Section:

Emily Hackett: 0539165564
Email: Emily.Hackett@agriculture.gov.ie

Michael Mackey: 0539165587
Email: Michael.Mackey@agriculture.gov.ie