28/04: WLL Newsletter #38 - 28th April 2006
CONTENTS:
1. Loggan Bridge and Coillte's Shady Land Deals
2. Extract: Water Governance in Ireland - Part V: Capacity Building and Final Conclusions
3. Press Release: Rossport 5 to play at fundraiser in Dublin
4. Letters: Forgotten forest victory - and a new challenge - in Slovakia (Simon Counsell)
5. Upcoming Events
6. In The News
(a) National:
Coillte's profits fall 44% (Irish Times)
Corrib protester criticises 'charade' on EU Directive (Irish Times)
Hitting a stone wall (Irish Times)
7. Contact the Woodland League
1. LOGGAN BRIDGE AND COILLTE'S SHADY LAND DEALS
- Debra E. James
'THE REPLANTING CONDITION... WAS NOT ADVISED TO THE TRANSFEREE'
A Judicial review should be initiated to determine the legality of Coillte's actions in assuming it could, acting on its own initiative, transfer a replanting condition from a parcel of land in respect of which a felling licence had been issued, to another parcel of land, that was not itself the subject of any felling licence, without specific approval by the Minister
The arrangements to avoid replanting conditions on the Loggan Bridge site were made by Coillte for the benefit of a developer who exchanged 2 ha of his lands (without road frontage) for 1.8 ha of publicly owned, Coillte-managed land (with road frontage).
The developer was not interested in obtaining the land for the purposes of carrying out forestry operations - if replanting was required, the land would have been unsuitable for his plans to develop housing on the site.
Coillte was acting ultra vires: there is no provision in the Forestry Acts for transferring replanting conditions from a piece of land in respect of which a felling licence has been issued to another tract of land that is not included in the felling licence.
The Forestry Acts provide that the Minister may release a landowner from replanting conditions, but there is no provision made in the legislation to transfer by substitution replanting conditions to land that was not included in the felling licence as issued.
Coillte's Tony Hennessy stated in his Reply (dated 20th December 2005) to my request for information about the Loggan Bridge land transaction that: 'Coillte's original intent was to use the lands acquired in exchange as a substitute for the lands transferred in the exchange. It was not considered that the replanting condition would apply to the transferred lands and, accordingly, such condition was not advised to the transferee'.
In making this statement, Mr. Hennessy effectively admits that there was a replanting condition included in the felling licence issued in respect of the '1995/6' clearfelling of the Loggan Bridge site. The Forest Service refused my request under FOI for a copy of the felling licence because it was issued before the FOI Act came into force.
Coillte's 'transferring' of replanting conditions attached to one parcel of land to another parcel of land was an arbitrary action without any foundation in statute.
Forestry Act 1988 (Enacted to provide for the establishment of the company Coillte)
"Objects of the company.
Section 12.(2) Nothing in section 12 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.
(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any law for the time being in force."
The 'substitution' of 'exchanged' land for land to which replanting conditions are attached, used as a device to remove replanting conditions from land a developer wished to use for housing development, is 'inconsistent with law for the time being in force', which in this case consists of the Forestry Acts, which specify that any conditions that attach to land as a result of the issue of a felling licence must transfer with the land when the land is sold, and must be registered by the Land Registry as burdens on registered land:
"Forestry Act 1946
Registration under the Registration of Title Act, 1891, of certain conditions and orders.
Section 54.(1) In this section-
the expression "the registering authority" means the registering authority under the Act of 1891;
the expression "registered land" means land registered under the Act of 1891.
(2) Where-
( a ) any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a limited felling licence or to a utilisation (exempted trees) order, and
( b ) any land on which trees are to be planted or preserved in pursuance of the said condition or conditions is registered land,
the Minister shall, as soon as may be after granting the licence or making the order, send a copy thereof to the registering authority who shall thereupon register the said condition or conditions attached thereto as a burden affecting such land."
The Forestry Act 1946 is quite specific that any replanting conditions that attach to land in respect of which a felling licence has been issued transfer with that land when sold:
"Forestry Act 1946
Attachment of replanting conditions and preservation conditions to limited felling licences.
Section 41.(7) Where any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, the said replanting conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in such replanting conditions"
"Forestry Act 1946
General felling licences.
Section 49.(6) Where afforestation conditions are attached to a general felling licence-
( a ) the said conditions shall be binding on the licensee and on each of his successors in title to the land to which the licence relates"
Even when the 'authority' given by the licence is terminated by the Minister, or the licensee ceases to be the occupier of the land, the 1946 Act specifies that replanting conditions remain in force:
"Forestry Act 1946
Suspension or termination of authority conferred by a limited felling licence.
Section 43.(3) Where the authority conferred by a limited felling licence is terminated under this section,-
( a ) if any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to the licence, such termination shall not apply to or relieve the licensee from such condition or conditions"
"Forestry Act 1946
Attachment of replanting conditions and preservation conditions to limited felling licences.
Section 41.(8) Where- ( a ) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, and ( b ) the licensee is not the occupier of the land specified in such replanting conditions, the protection condition, save if and in so far as the licensee is released therefrom, shall be binding on the person who is for the time being the occupier of the said land."
The Forest Service admitted that replanting conditions remain binding on the land specified in the felling licence, and do not cease when the licensee is no longer the owner of the land, in a letter (signed by Sean Crowe) dated 13 April:
'In regard to your request at 5 above the replanting conditions applicable to a General Felling Licence are outlined in Section 49 of the Forestry Act 1946. Section 49(6)(a) of this Act states that where afforestation conditions are attached to a general felling licence the said conditions shall be binding on the licensee and on each of his successors in title to the land to which the licence relates.'
The statement by Tony Hennessy that 'It was not considered that the replanting condition would apply to the transferred lands and, accordingly, such condition was not advised to the transferee' contravenes explicit provisions in the Forestry Act 1946 requiring in every case - unless the Minister dictates otherwise - that replanting conditions attached to a felling licence shall be binding on the licensee and on each of his successors in title to the land.
None of the letters I have received from the Forest Service mentioned that the Minister had authorised any release from the replanting condition, or had given permission for 'substitution' of the exchanged land.
Was a proposal for the 'exchange' of land at Loggan Bridge included in Coillte's yearly submission to the Minister of its plans for the sale and acquisition of land?
"Forestry Act 1988
Acquisition and sale of land and sale of timber.
Section 14.(1) The company shall submit to and agree with the Minister each year a programme for the sale and acquisition of land and the sale of timber, whether standing or felled.
(2) The company shall not exceed the limitations of the programme agreed with the Minister under subsection (1) without the prior approval of the Minister."
Perhaps the Loggan Bridge land deal was omitted from Coillte's official plans as it was an 'exchange', and not a 'sale'. Or was it just slipped in 'under the radar'?
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2. EXTRACT: WATER GOVERNANCE IN IRELAND - PART V: CAPACITY BUILDING AND FINAL CONCLUSIONS
- Michael Ewing, MSc
In the last four issues, we have published sections from Michael Ewing's report, "Water Governance in Ireland". In this issue, we publish the final sections in the report, "Capacity Building" and "Final Conclusions".
6. CAPACITY BUILDING
EFFORT
6.1. Scope and quality of effort
Teacher training and curriculum resources
Two main courses are available that deal with matters relating to the organisation of civil society, at Junior Certificate level. The second is a three year courses ending in an exam at 15 years of age.
1. Environmental and Social Studies (Optional).
2. Civic, Social and Political Education (Compulsory).
Whist there are references in both of these courses to citizens rights, there are no clear guidelines in the curriculum on what they are or how to exercise them in relation to the Access Principles. The teachers interviewed were clear that they could include lessons on access rights, but it would be at their initiative they were unaware of back up resources provided in relation to them.
6.2. Fairness and Equitability
Legal Aid
Civil legal aid and advice in Ireland is governed by the Civil Legal Aid Act 1995. A major problem in practice however is, the lack of funding diverted to the Legal Aid Board to carry out its function. An individual who has been granted civil legal aid or advice may be required to wait before actually getting to consult a lawyer. Procedures are in place that prioritize cases, such as where action must be taken immediately, for example where a statutory time limited is about to expire. An emergency legal certificate many then be granted with a view to instituting proceedings within the relevant time limit. There are also though two major hurdles to overcome in order to qualify for legal aid: a means test in which the maximum disposable income limit is now €13,000; and a merits test in which the applicant must show that he has reasonable grounds for bringing the case, and must be ‘reasonably likely to succeed’. Further to this requirement is the need that legal action be ‘the most satisfactory means’
The fact that civil legal aid is not available to (a.) a group or (b.) an individual member of a group, where that member is acting on behalf of the group is clearly a problem for environmental activists. Another major flaw in the legislative framework is that legal aid is not available in respect of proceedings before an administrative tribunal, for example An Bord Pleanala (Planning Board) or the Environmental Protection Agency (oral hearings).
. Applicants who are of limited means and are not granted legal aid often depend on lawyers acting pro bono (for free). The limited scope of civil legal aid indicates a gap in the legislation, and raises important questions about the ability of effected people to
6.3. Findings
The presentation of values in the findings charts uses colour coding to show the values given in response to each indicator as following (replaced here with text):
very good
good
intermediate
poor
very bad
not applicable
Capacity Building
Scope and quality of effort
144 How well does the government provide training or curriculum resources on access rights to public school teachers? - poor
148 To what extent does the government provide free legal aid? - poor
7. FINAL CONCLUSIONS AND RECOMMENDATIONS
7.1. Conclusions: most important areas for improvement
The absence of a clear constitutional right to a clean and healthy environment, to access to information and to participation means a reliance on the history of case law to assert those rights. There is an absence of robust legislation to provide for broad participation and to clearly define and narrow the scope of confidential information.
It is very apparent that the provisions for legal aid and for the protection of whistle-blowers need urgent attention.
Comparing the results of the country’s performance in subtopics across the different access pillars, some patterns emerge. There is a clear lack of legislation requiring capacity building with regard to all three access rights in relation to both the relevant bodies and to the public. This expresses itself in: the dissatisfaction expressed by the public in each case, despite the apparent good will of the relevant officials; the absence of publicly accessible properly kept registers of information related to the GWS and related decision-making; the absence of properly kept registers of drinking water related information and the poor performance in responding to requests for information.
There is a mixed performance regarding costs: for access to information and participation they are kept generally low; by contrast, the financial barriers to access to justice are substantial and the consequences of engaging in a judicial review could be financially crippling. The length of time it takes to get a review of an appeal is also a serious matter.
Channels for access to information and public participation were both poor, and although some information is available via the internet, most people still do not use it, and an even smaller numbers use it to access public service information. Information should be accessible through a variety of media and in a number of locations. It is not easy to get access to up to date water monitoring information, and generally only raw data is available. Historical information is well provided for in annual reports by the EPA. The gathering and dissemination of drinking water information requires greater funding and training of personnel in the relevant sections together with the establishment of systems to enable access to information and not just data.
The absence of teacher training and curriculum resources with regard to educating the secondary students is a serious matter. This is a golden opportunity to educate to-morrows citizens in how to use their rights to protect the environment.
7.2. Recommendations
Taking into consideration all the above analysis and information, here are some recommendations on how to improve the implementation of access principles. The recommendations are not in any paricular sequence.
o A national educational campaign about the value of decisions which incorporate public participation and the methods by which individuals can contribute, with special attention to the secondary curriculum of the Civic, Social, and Political Education course, and an outreach to the less vocal or isolated minority groups.
o A single web portal should be created with a search engine covering all branches of government and its agents, to-gether with a single e-notice board be created for all calls for public participation.
o Ratification of the Aarhus Convention by Ireland as a matter of priority.
o Transposition into Irish Law of Directive 2003/4/EC on access to information as a matter of priority.
o Transposition into Irish Law of Directive 2003/35/EC on participation in environmental decision-making as a matter of priority.
o The reinstatement of the Freedom Of Information Act.
o Provide access to drinking water information through the local media, the libraries, schools and other community centres as well as keeping up to date information available on the authority website.
o Put in place standard procedures for involving the public, recording their inputs, and including and incorporating their inputs in the rationales for decisions made by therelevant authorities.
o Provision should be made to enable effective public participation by making available support in the form of funds and provision of independent sources of expertise.
o Government, Government Agency and Local Authority employees should all be given training in the Århus Convention and its daughter Directives, regarding their purpose, spirit and practical operation.
o The definitions of environmental information and the public should be the same as those used in the Aarhus Convention with regard to theinterpretation all present legislation and the drafting of all future environmental legislation.
o Public authorities shall do all in their power to encourage and assist persons making requests for information on the environment.
o Publicly available registers should be available showing all information relating to drinking water quality.
o Registers should be kept showing the progress of decision-making processes in the interests of openess, clarity and continuity. These should be publicly available wherever possible.
o Where a request is made concerning data, it shall be supplied to the person making the request, even when the data gathering process is incomplete, and even where the data is being gathered as the basis of a report which has not yet been compiled.
o The grounds for refusal of information must be very restrictive, and the way in which the rights of the applicant were weighed against the interest served by refusal should be clearly stated in the notice of refusal.
o The methods by which information can be accessed and the associated costs should be widely publicised.
o The costs of copying information should not exceed the reasonable cost of photocopying.
o Early and regular information should be made available about decision-making processes regarding the environment.
o Legislation to provide for capacity building measures at all levels of environmental governance and in the appeals and judicial systems, with regard to the access principals.
o The setting up of an Environmental Court that would be able to fast track decisions in relation to environmental harm, wiith specialist judges.
o The overhaul and proper funding of the legal aid system to raise the earnings threshold to the index-linked level of the average industrial wage, and to open it up to groups or their representatives in ‘public good’ cases.
o The introduction of effective measures to protect ‘whistle blowers’.
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3. PRESS RELEASE: ROSSPORT 5 TO PLAY AT FUNDRAISER IN DUBLIN
Rossport Reels ~ A Fundraising Event in aid of the Shell to Sea Campaign
Sunday 30th April 2006 8PM Cobblestone Pub SmithField Dublin 7
further information from Louise 086 389 2069
You'd think that now the fear of further punitive sentencing has been removed, the men are at greater liberty; but in granting this potential relief the judge pronounced them liable for Shell's legal costs… Something Shell themselves had not asked for…
In proof of their indomitable spirit and resourcefulness, Vincent McGrath and Micheál Ó Seighin, who shared a prison cell for 94 days last year, are planning to travel down to Dublin to play some Rossport Reels in a fundraising gig at the Cobblestone pub this May bank holiday…Sunday 30th April 2006, 8pm
featuring: Vincent McGrath ~ Micheál Ó Seighin ~The Rossport Reel ~ Mary Mullen ~ Seán Garvey ~Other Guests to be announced!
Tickets €12 / €10 concessions
Raffle tickets and Shell to Sea Merchandise available on the night
Advance tickets available from:
Louise on 086 389 2069
Sinn Féin Shop ~ 58 Parnell Square
Connolly Books ~ 7 Bloom Lane, off Ormond Quay
For further information and tickets
phone / text Louise on 086 389 2069 or: e-mail dublinshelltosea@gmail.com
Vincent McGrath said :"The proceeds from this night will go towards further campaigning against Shell. Perhaps when Shell repay the millions of euro they have stolen from the Irish people through the corrupt political grantings of our natural resources in 1992 then they can deduct their fees accordingly."
For further interview requests: Vincent McGrath 087 755 7244
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4. LETTERS
FORGOTTEN FOREST VICTORY - AND A NEW CHALLENGE - IN SLOVAKIA
Dear all
Having just got back from eastern Slovakia, I want to send a short personal note about what I found there, as in some ways it sums up much of what each of us has experienced over the last decade (and more) in trying to protect the world's forests.
It was only at the meeting of the Forest Movement Europe this week in Slovakia that I was reminded that, during the early 1990s, some of us (especially the Friends of the Earth international network of forest campaigners) had worked with Slovakian groups to oppose a World Bank 'Forest Sector Development' project. This project would potentially have seen the country's forests opened up for massive industrial exploitation.
Like me, you may not have been aware that, with international support, our Slovakian friends won this campaign, and the World Bank loan was stopped. Our wonderful hosts at the recent FME meeting - WOLF (the Wolf Forest Protection League), a part of Friends of the Earth Slovakia - still have a massive struggle to protect the country's forests, but at least there is something left to fight for. They are winning important victories. Having been taken by WOLF up into the Carpathian hills on the border of Poland and Ukraine, it is clear that these beech-fir forests - home to wolves, bears and lynx - are some of the best forests left in Europe.
But, after beating back the World Bank a decade ago, a new threat is emerging: the Forest Stewardship Council is 'greenwashing' the appalling forestry practices of parts of the State Forest Service. This is a picture of part of the FSC certified area:
The Presov State Forest District pictured here was certified by Soil Association Woodmark in 2001.
For the last 4 years, WOLF has opposed the 'certified destruction' of their local forests. Like many other grass-roots groups around the world, their pleas have been ignored. Like many other groups, they have been told that 'FSC is a process', and 'things will get better'. Like many other groups around the world, they have waited and waited for 'things to get better', but nothing has changed...
WOLF will soon be contacting some or all of you to help them finally stop this disgrace. The 15 or so groups present at the FME meeting have pledged to help them. (We have also pledged to take concerted action to bring about the fundamental reform of the FSC system that, clearly, is urgently required. You will also hear more about this shortly...).
When WOLF does ask for your help, I very much hope that you will give it.
With best wishes
Simon Counsell
Director
The Rainforest Foundation UK
196 Old Street
London EC1V 9FR
England
Tel: +44 (0)207 251 6345
Fax: +44 (0)207 251 4969
Skype ID: scounsell
www.rainforestfoundationuk.org
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5. UPCOMING EVENTS
Friday 28th April -Monday 1st May 06 ''Health, Medicine & The Law'' - A Contemporary and Brehon Perspective
See http://www.burrenlawschool.org/programme.html for programme.
Burren Law School 2006, Burren College of Art, Ballyvaughan, Co. Clare
6th / 7th May 06: Weekend in the Woods – CELT
Another big weekend of traditional and ecological skills training at all levels for adults (age 14+) Courses will include Wood Carving, Dry-stone and Lime-mortar Walling, Basket Weaving, Blacksmithing, Greenwood Furniture making, Natural Building, Coppersmithing, Silversmithing, Herb Lore, Bushcraft, Natural Building, Sugan Chair making and more. For details see http://www.celtnet.org/events-page14233.html. Clare.
May 2006: Seminars in Environmental Law at UL
The International Commercial and Economic Law Research Group at the University of Limerick will run a series of seminars on environmental law in the Spring 2006 semester. These seminars will deal with issues such as climate change, environmental enforcement in Ireland, fisheries in the national and international contexts and recent developments in domestic environmental law.
TIMETABLE OF EVENTS:
* Environmental Impact Assessments, Date: May 2006, Speaker : Garrett Simons, BL,
(All events are subject to change.)
Further details of the Seminars are available at http://www.ul.ie/envirocom/worddocs/EnvironmentalLaw.doc or from the Project Leader: Rónán Kennedy, ICELRG, School of Law, University of Limerick. Email: ronan.kennedy@ul.ie
Further information on the International Commercial and Economic Law Research Group is available by contacting Raymond J Friel, Director, ICELRG, School of Law, University of Limerick. Email: raymond.friel@ul.ie . Limerick.
13/14 May and 27/28 May: Habitat Creation / Improvement for Biodiversity - 2 weekends : Phase 1: 13 / 14 May and Phase 2 : 27 / 28 May.
Wetland and woodland habitats. Includes flora and fauna identification, site survey and assessment, planning and design, practical work ('gardening for wildlife', pond and stream enhancement, pathways, fences, hides). Course fee (total) 120 euros (100 unwaged). Might well be repeated in Autumn, so could be possible to do one of the weekends in May and other phase in Autumn. Camping available. Bring own packed lunch, wellies, gloves, notebook, magnifying glass. Email booking with full contact details and send deposit 50 euros plus membership fee (15 euros / 10 unwaged) if applicable, to confirm place. CELT (Centre for Environmental Living and Training)
c/o East Clare Community Coop, Scariff, Co.Clare Tel: 061.640765 or 087.6686477 www.celtnet.org info@celtnet.org
22 / 23 / 24 July 06: Summer in the Woods - CELT
Bealkelly Wood, Tuamgraney - 12 courses including Boat-building - see http://www.celtnet.org for more info. Clare.
7th / 8th October 06: Weekend in the Woods – CELT
Bealkelly Wood, Tuamgraney - see http://www.celtnet.org for more info. Clare.
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6(a). IN THE NEWS - National
COILLTE'S PROFITS FALL 44%
Profits at Coillte, the State-owned forestry company, fell 44 per cent to €19.65 million last year, mostly as a result of the implementation of an early retirement and voluntary redundancy scheme. Laura Slattery reports.
Some €10.5 million was set aside to cover the cost of a pension fund top-up and ex gratia payments made to 90 staff who will have left the company by the middle of this year.
A poor market for Christmas trees due to oversupply forced the company to write down its stock of trees by €4.3 million, while difficult start-up trading conditions at its housing joint venture, Griffner Coillte, led to an impairment provision of €3.25 million.
The group said its operating profits before these three exceptional items was €48.51 million, up 13 per cent on 2004. The net increase in the value of forests and land during the year was €26.8 million.
Coillte said the underlying business performance was strong with good contributions from its forestry, land development and SmartPly wood panel businesses.
The volume of logs sold increased by 3 per cent, but the margin on log sales fell by 4 per cent, continuing a recent downward trend that Coillte said remained a serious concern.
Coillte chief executive Martin Lowery said he expected log sales would be flat for the next 10-15 years. SmartPly, which manufactures oriented strandboard at Belview Port in Waterford for the Irish, European and US markets, increased sales last year, although prices were lower than in 2004.
Coillte has emerged as the preferred bidder for the Weyerhaeuser Europe plant in Clonmel, which would allow the group to enter the market for producing medium density fibreboard. The transaction is subject to due diligence, Weyerhaeuser and Coillte board approval and regulatory approval.
The group said it was a good year for its land development business, with waste management sites sold to Cork, Kerry and Wexford county councils and it also completed the sale of a major windfarm site in Kerry.
Mr Lowery said Coillte's objective was to develop into a balanced commercial enterprise, which included maximising the value of its land assets without compromising its core forestry programme.
© The Irish Times, April 27 '06
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CORRIB PROTESTER CRITICISES 'CHARADE' ON EU DIRECTIVE
Lorna Siggins, Marine Correspondent
The Department of the Marine has been criticised for failing to publicise a new requirement for an environmental assessment for future oil and gas exploration off the Irish west coast.
Micheál Ó Seighín, one of the five north Mayo men jailed last year over opposition to the Corrib gas onshore pipeline, accused the department yesterday of engaging in a "charade" over its obligations under an EU directive recently transposed into Irish law.
Mr Ó Seighín was speaking at a public consultation workshop hosted by the department's petroleum affairs division in Galway yesterday - one of a series held this week, and the first for a major marine project under the terms of the EU's Strategic Environmental Assessment directive.
The directive, transposed into Irish law in 2005, obliges member states to carry out an environmental assessment for any large-scale development that would have significant impacts.
Scottish marine environmental consultants ERT Ltd were hired to conduct the first such study for offshore oil and gas exploration, and presented their draft findings at the poorly attended workshop in Galway yesterday.
Minister for the Marine Noel Dempsey has received five applications for exploration in various blocks on the Slyne, Erris and Donegal basins - a 25,000sq km sea area extending 50-250km off the northwest and west coasts.
The assessment does not cover previous licences issued for this area, including the petroleum lease awarded for the Corrib gas field. Successful applicants will be given frontier exploration licences lasting 15 years. The consultants confirmed during questioning that they were given just six months to compile a report, engage in public consultation and produce a final document.
The draft document, for which submissions must be received by May 11th, notes that there is "no basis" on which to suggest licensing constraints in the area, but says that current available information for the offshore area is "insufficiently detailed".
The document says that seabirds, whales and dolphins would be most vulnerable, due to possible sea surface pollution and the effects of underwater noise from seismic surveys. It recommends that guidelines for seismic surveys drawn up by the Irish Whale and Dolphin Group should be made "a requirement".
The department said it had placed adverts for the workshops on April 11th in the Irish Independent, Connacht Tribune, Sligo Champion, Donegal Democrat, Mayo News and Foinse.
© The Irish Times, April 22 '06
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HITTING A STONE WALL
Good fences make good neighbours, so relations can cool when they fall down, as Mark Hennessy finds when he visits Lord Waterford's estate
The view lacks for nothing other than the theme music of Brideshead Revisited: the long drive, the wide gates, the gravel crunching underfoot up to the imposing main door of Curraghmore. Drive into Lord Waterford's estate, nestled in a wooded valley divided by the River Clodagh, near Portlaw, in Co Waterford, and the centuries fall away.
Oliver Cromwell came here in 1649, with the intention of burning it, as he had done to so many other places. In the end, it seems, he had something to eat. "Family lore has it that, when Cromwell came here, my ancestor was locked up by his daughter in the dungeon, because she thought he would say the wrong thing. Then she invited Cromwell in for tea. And he came, and he left," says Tyrone de Poer Beresford, the eighth marquis of Waterford.
Then there is the legend of the Cross. Once, it is said, an IRA unit came to burn down Curraghmore, although local historians divide on the subject. The unit reportedly got to the main gates, then saw a cross on the roof, behind a stag of St Hubert, one of the family's emblems, light up. "They took that as a sign that they shouldn't do anything, and they went away," says de Poer Beresford.
The family, which has been in Ireland since 1169, has lots more colour in its history. One ancestor, Lord Charles Beresford, fought his way up the Nile in an unsuccessful attempt to rescue General Gordon at Khartoum, in 1885; another, William, serving with the 9th Lancers, won a Victoria Cross, Britain's highest award for bravery in the face of an enemy, during the Zulu War of 1879, when he and a fellow solider, Sergeant Edmond O'Toole, saved the life of a corporal.
In recent decades, the house hosted Fred Astaire and Jacqueline Kennedy, as well as Charles Haughey. "CJ was keen on hunting. I think I lent him a horse," says de Poer Beresford, who is still involved in the daily running of the main, 2,500-acre estate. The family, he says proudly, have never been absentee landlords.
Although the history of the family and building is dear to him, the marquis is more interested in his ongoing dispute with Coillte, the State forestry company, about the poor condition of kilometres of walls around 1,900 acres that the State rented from the family, on a 150-year lease, in the 1930s. "My father leased the land to the department of lands" - now the Department of Communications, Marine and Natural Resources - "just before he died, in 1934," he says. "The terms of the lease are very clear. The walls are to be maintained."
In many places, the stone walls, which were built to provide work during the Famine, have fallen down or are about to do so, weakened by the roots of pine trees that have been allowed to grow too near them.
The lease is specific: "The Minister will from time to time and at all times during the said term hereby granted well and sufficiently repair, maintain and keep all walls, fences, ditches and drains."
Although Coillte is but the latest organisation to be in charge of State forestry, Lord Waterford has been complaining for years that the walls were being allowed to decay. Now, ready to take legal action, he has brought in experts who have estimated that it would cost €11 million to put the damage right, as highly trained craftsmen would be needed.
In November 1989 Coillte wrote to him to say it had hired a private contractor, who was working on the walls "at present". "The damage to the walls is extensive and it will take time to repair. This is compounded by the nature of the walls and the craftsmanship and materials required to carry out repairs. I wish to state that the company will repair the damage caused to the walls and to the entrances," wrote a representative of Coillte's estate-management division, promising to have the repairs completed in September 1990.
Coillte then promised to have the walls on two sides of Beallough Wood and at Tower Hill Wood repaired during the following year and said "normal maintenance" would then continue "from year to year".
Some repairs have been done in recent months, although, according to the marquis, the work does not match the wall destroyed.
"They have allowed trees to grow right up alongside walls. I started to complain to them about this during the 1970s, but nothing got done. The leases were very badly drawn up. The rental is absolutely minimal, just 14 pence in old money per acre. Nobody thought about inflation. There were no rent reviews, though we were not unique in that."
Gerry Egan, Coillte's secretary, says the company assumed responsibility for the lease in 1989; he blames storms in 1974 and 1997 for the damage. "Coillte was faced with a major task to carry out this work. Over the past 10 years some repairs were carried out. Coillte was approached by Lord Waterford in 2005, expressing dissatisfaction with the situation."
Coillte, he says, "accelerated the repair of the walls in 2005 and 2006", but, given the extensive damage sustained "over the past 70 years, it will take time to meet these obligations fully".
© The Irish Times, April 15 '06
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7. WOODLAND LEAGUE CONTACT DETAILS
www.woodlandleague.org
Andrew St. Ledger, PRO,
+353-(0)87-9933157
Brendan Kelly, Liaison Officer,
+353-(0)91-687778 (evenings)
+353-(0)86-1529176 (mobile)
brendankellywoodlawn@yahoo.ie
Ciarán Hughes, Secretary,
The Woodland League,
c/o Caherawoneen, Kinvara, Co. Galway, Ireland.
+353-(0)87-9652992
woodlandleague@yahoo.ie
Yahoo! Discussion Group:
http://www.yahoogroups.com/groups/woodland-league
woodland-league-subscribe@yahoogroups.com
Petition:
http://www.petitiononline.com/rfpii
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1. Loggan Bridge and Coillte's Shady Land Deals
2. Extract: Water Governance in Ireland - Part V: Capacity Building and Final Conclusions
3. Press Release: Rossport 5 to play at fundraiser in Dublin
4. Letters: Forgotten forest victory - and a new challenge - in Slovakia (Simon Counsell)
5. Upcoming Events
6. In The News
(a) National:
Coillte's profits fall 44% (Irish Times)
Corrib protester criticises 'charade' on EU Directive (Irish Times)
Hitting a stone wall (Irish Times)
7. Contact the Woodland League
1. LOGGAN BRIDGE AND COILLTE'S SHADY LAND DEALS
- Debra E. James
'THE REPLANTING CONDITION... WAS NOT ADVISED TO THE TRANSFEREE'
A Judicial review should be initiated to determine the legality of Coillte's actions in assuming it could, acting on its own initiative, transfer a replanting condition from a parcel of land in respect of which a felling licence had been issued, to another parcel of land, that was not itself the subject of any felling licence, without specific approval by the Minister
The arrangements to avoid replanting conditions on the Loggan Bridge site were made by Coillte for the benefit of a developer who exchanged 2 ha of his lands (without road frontage) for 1.8 ha of publicly owned, Coillte-managed land (with road frontage).
The developer was not interested in obtaining the land for the purposes of carrying out forestry operations - if replanting was required, the land would have been unsuitable for his plans to develop housing on the site.
Coillte was acting ultra vires: there is no provision in the Forestry Acts for transferring replanting conditions from a piece of land in respect of which a felling licence has been issued to another tract of land that is not included in the felling licence.
The Forestry Acts provide that the Minister may release a landowner from replanting conditions, but there is no provision made in the legislation to transfer by substitution replanting conditions to land that was not included in the felling licence as issued.
Coillte's Tony Hennessy stated in his Reply (dated 20th December 2005) to my request for information about the Loggan Bridge land transaction that: 'Coillte's original intent was to use the lands acquired in exchange as a substitute for the lands transferred in the exchange. It was not considered that the replanting condition would apply to the transferred lands and, accordingly, such condition was not advised to the transferee'.
In making this statement, Mr. Hennessy effectively admits that there was a replanting condition included in the felling licence issued in respect of the '1995/6' clearfelling of the Loggan Bridge site. The Forest Service refused my request under FOI for a copy of the felling licence because it was issued before the FOI Act came into force.
Coillte's 'transferring' of replanting conditions attached to one parcel of land to another parcel of land was an arbitrary action without any foundation in statute.
Forestry Act 1988 (Enacted to provide for the establishment of the company Coillte)
"Objects of the company.
Section 12.(2) Nothing in section 12 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.
(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any law for the time being in force."
The 'substitution' of 'exchanged' land for land to which replanting conditions are attached, used as a device to remove replanting conditions from land a developer wished to use for housing development, is 'inconsistent with law for the time being in force', which in this case consists of the Forestry Acts, which specify that any conditions that attach to land as a result of the issue of a felling licence must transfer with the land when the land is sold, and must be registered by the Land Registry as burdens on registered land:
"Forestry Act 1946
Registration under the Registration of Title Act, 1891, of certain conditions and orders.
Section 54.(1) In this section-
the expression "the registering authority" means the registering authority under the Act of 1891;
the expression "registered land" means land registered under the Act of 1891.
(2) Where-
( a ) any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a limited felling licence or to a utilisation (exempted trees) order, and
( b ) any land on which trees are to be planted or preserved in pursuance of the said condition or conditions is registered land,
the Minister shall, as soon as may be after granting the licence or making the order, send a copy thereof to the registering authority who shall thereupon register the said condition or conditions attached thereto as a burden affecting such land."
The Forestry Act 1946 is quite specific that any replanting conditions that attach to land in respect of which a felling licence has been issued transfer with that land when sold:
"Forestry Act 1946
Attachment of replanting conditions and preservation conditions to limited felling licences.
Section 41.(7) Where any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, the said replanting conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in such replanting conditions"
"Forestry Act 1946
General felling licences.
Section 49.(6) Where afforestation conditions are attached to a general felling licence-
( a ) the said conditions shall be binding on the licensee and on each of his successors in title to the land to which the licence relates"
Even when the 'authority' given by the licence is terminated by the Minister, or the licensee ceases to be the occupier of the land, the 1946 Act specifies that replanting conditions remain in force:
"Forestry Act 1946
Suspension or termination of authority conferred by a limited felling licence.
Section 43.(3) Where the authority conferred by a limited felling licence is terminated under this section,-
( a ) if any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to the licence, such termination shall not apply to or relieve the licensee from such condition or conditions"
"Forestry Act 1946
Attachment of replanting conditions and preservation conditions to limited felling licences.
Section 41.(8) Where- ( a ) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, and ( b ) the licensee is not the occupier of the land specified in such replanting conditions, the protection condition, save if and in so far as the licensee is released therefrom, shall be binding on the person who is for the time being the occupier of the said land."
The Forest Service admitted that replanting conditions remain binding on the land specified in the felling licence, and do not cease when the licensee is no longer the owner of the land, in a letter (signed by Sean Crowe) dated 13 April:
'In regard to your request at 5 above the replanting conditions applicable to a General Felling Licence are outlined in Section 49 of the Forestry Act 1946. Section 49(6)(a) of this Act states that where afforestation conditions are attached to a general felling licence the said conditions shall be binding on the licensee and on each of his successors in title to the land to which the licence relates.'
The statement by Tony Hennessy that 'It was not considered that the replanting condition would apply to the transferred lands and, accordingly, such condition was not advised to the transferee' contravenes explicit provisions in the Forestry Act 1946 requiring in every case - unless the Minister dictates otherwise - that replanting conditions attached to a felling licence shall be binding on the licensee and on each of his successors in title to the land.
None of the letters I have received from the Forest Service mentioned that the Minister had authorised any release from the replanting condition, or had given permission for 'substitution' of the exchanged land.
Was a proposal for the 'exchange' of land at Loggan Bridge included in Coillte's yearly submission to the Minister of its plans for the sale and acquisition of land?
"Forestry Act 1988
Acquisition and sale of land and sale of timber.
Section 14.(1) The company shall submit to and agree with the Minister each year a programme for the sale and acquisition of land and the sale of timber, whether standing or felled.
(2) The company shall not exceed the limitations of the programme agreed with the Minister under subsection (1) without the prior approval of the Minister."
Perhaps the Loggan Bridge land deal was omitted from Coillte's official plans as it was an 'exchange', and not a 'sale'. Or was it just slipped in 'under the radar'?
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2. EXTRACT: WATER GOVERNANCE IN IRELAND - PART V: CAPACITY BUILDING AND FINAL CONCLUSIONS
- Michael Ewing, MSc
In the last four issues, we have published sections from Michael Ewing's report, "Water Governance in Ireland". In this issue, we publish the final sections in the report, "Capacity Building" and "Final Conclusions".
6. CAPACITY BUILDING
EFFORT
6.1. Scope and quality of effort
Teacher training and curriculum resources
Two main courses are available that deal with matters relating to the organisation of civil society, at Junior Certificate level. The second is a three year courses ending in an exam at 15 years of age.
1. Environmental and Social Studies (Optional).
2. Civic, Social and Political Education (Compulsory).
Whist there are references in both of these courses to citizens rights, there are no clear guidelines in the curriculum on what they are or how to exercise them in relation to the Access Principles. The teachers interviewed were clear that they could include lessons on access rights, but it would be at their initiative they were unaware of back up resources provided in relation to them.
6.2. Fairness and Equitability
Legal Aid
Civil legal aid and advice in Ireland is governed by the Civil Legal Aid Act 1995. A major problem in practice however is, the lack of funding diverted to the Legal Aid Board to carry out its function. An individual who has been granted civil legal aid or advice may be required to wait before actually getting to consult a lawyer. Procedures are in place that prioritize cases, such as where action must be taken immediately, for example where a statutory time limited is about to expire. An emergency legal certificate many then be granted with a view to instituting proceedings within the relevant time limit. There are also though two major hurdles to overcome in order to qualify for legal aid: a means test in which the maximum disposable income limit is now €13,000; and a merits test in which the applicant must show that he has reasonable grounds for bringing the case, and must be ‘reasonably likely to succeed’. Further to this requirement is the need that legal action be ‘the most satisfactory means’
The fact that civil legal aid is not available to (a.) a group or (b.) an individual member of a group, where that member is acting on behalf of the group is clearly a problem for environmental activists. Another major flaw in the legislative framework is that legal aid is not available in respect of proceedings before an administrative tribunal, for example An Bord Pleanala (Planning Board) or the Environmental Protection Agency (oral hearings).
. Applicants who are of limited means and are not granted legal aid often depend on lawyers acting pro bono (for free). The limited scope of civil legal aid indicates a gap in the legislation, and raises important questions about the ability of effected people to
6.3. Findings
The presentation of values in the findings charts uses colour coding to show the values given in response to each indicator as following (replaced here with text):
very good
good
intermediate
poor
very bad
not applicable
Capacity Building
Scope and quality of effort
144 How well does the government provide training or curriculum resources on access rights to public school teachers? - poor
148 To what extent does the government provide free legal aid? - poor
7. FINAL CONCLUSIONS AND RECOMMENDATIONS
7.1. Conclusions: most important areas for improvement
The absence of a clear constitutional right to a clean and healthy environment, to access to information and to participation means a reliance on the history of case law to assert those rights. There is an absence of robust legislation to provide for broad participation and to clearly define and narrow the scope of confidential information.
It is very apparent that the provisions for legal aid and for the protection of whistle-blowers need urgent attention.
Comparing the results of the country’s performance in subtopics across the different access pillars, some patterns emerge. There is a clear lack of legislation requiring capacity building with regard to all three access rights in relation to both the relevant bodies and to the public. This expresses itself in: the dissatisfaction expressed by the public in each case, despite the apparent good will of the relevant officials; the absence of publicly accessible properly kept registers of information related to the GWS and related decision-making; the absence of properly kept registers of drinking water related information and the poor performance in responding to requests for information.
There is a mixed performance regarding costs: for access to information and participation they are kept generally low; by contrast, the financial barriers to access to justice are substantial and the consequences of engaging in a judicial review could be financially crippling. The length of time it takes to get a review of an appeal is also a serious matter.
Channels for access to information and public participation were both poor, and although some information is available via the internet, most people still do not use it, and an even smaller numbers use it to access public service information. Information should be accessible through a variety of media and in a number of locations. It is not easy to get access to up to date water monitoring information, and generally only raw data is available. Historical information is well provided for in annual reports by the EPA. The gathering and dissemination of drinking water information requires greater funding and training of personnel in the relevant sections together with the establishment of systems to enable access to information and not just data.
The absence of teacher training and curriculum resources with regard to educating the secondary students is a serious matter. This is a golden opportunity to educate to-morrows citizens in how to use their rights to protect the environment.
7.2. Recommendations
Taking into consideration all the above analysis and information, here are some recommendations on how to improve the implementation of access principles. The recommendations are not in any paricular sequence.
o A national educational campaign about the value of decisions which incorporate public participation and the methods by which individuals can contribute, with special attention to the secondary curriculum of the Civic, Social, and Political Education course, and an outreach to the less vocal or isolated minority groups.
o A single web portal should be created with a search engine covering all branches of government and its agents, to-gether with a single e-notice board be created for all calls for public participation.
o Ratification of the Aarhus Convention by Ireland as a matter of priority.
o Transposition into Irish Law of Directive 2003/4/EC on access to information as a matter of priority.
o Transposition into Irish Law of Directive 2003/35/EC on participation in environmental decision-making as a matter of priority.
o The reinstatement of the Freedom Of Information Act.
o Provide access to drinking water information through the local media, the libraries, schools and other community centres as well as keeping up to date information available on the authority website.
o Put in place standard procedures for involving the public, recording their inputs, and including and incorporating their inputs in the rationales for decisions made by therelevant authorities.
o Provision should be made to enable effective public participation by making available support in the form of funds and provision of independent sources of expertise.
o Government, Government Agency and Local Authority employees should all be given training in the Århus Convention and its daughter Directives, regarding their purpose, spirit and practical operation.
o The definitions of environmental information and the public should be the same as those used in the Aarhus Convention with regard to theinterpretation all present legislation and the drafting of all future environmental legislation.
o Public authorities shall do all in their power to encourage and assist persons making requests for information on the environment.
o Publicly available registers should be available showing all information relating to drinking water quality.
o Registers should be kept showing the progress of decision-making processes in the interests of openess, clarity and continuity. These should be publicly available wherever possible.
o Where a request is made concerning data, it shall be supplied to the person making the request, even when the data gathering process is incomplete, and even where the data is being gathered as the basis of a report which has not yet been compiled.
o The grounds for refusal of information must be very restrictive, and the way in which the rights of the applicant were weighed against the interest served by refusal should be clearly stated in the notice of refusal.
o The methods by which information can be accessed and the associated costs should be widely publicised.
o The costs of copying information should not exceed the reasonable cost of photocopying.
o Early and regular information should be made available about decision-making processes regarding the environment.
o Legislation to provide for capacity building measures at all levels of environmental governance and in the appeals and judicial systems, with regard to the access principals.
o The setting up of an Environmental Court that would be able to fast track decisions in relation to environmental harm, wiith specialist judges.
o The overhaul and proper funding of the legal aid system to raise the earnings threshold to the index-linked level of the average industrial wage, and to open it up to groups or their representatives in ‘public good’ cases.
o The introduction of effective measures to protect ‘whistle blowers’.
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3. PRESS RELEASE: ROSSPORT 5 TO PLAY AT FUNDRAISER IN DUBLIN
Rossport Reels ~ A Fundraising Event in aid of the Shell to Sea Campaign
Sunday 30th April 2006 8PM Cobblestone Pub SmithField Dublin 7
further information from Louise 086 389 2069
You'd think that now the fear of further punitive sentencing has been removed, the men are at greater liberty; but in granting this potential relief the judge pronounced them liable for Shell's legal costs… Something Shell themselves had not asked for…
In proof of their indomitable spirit and resourcefulness, Vincent McGrath and Micheál Ó Seighin, who shared a prison cell for 94 days last year, are planning to travel down to Dublin to play some Rossport Reels in a fundraising gig at the Cobblestone pub this May bank holiday…Sunday 30th April 2006, 8pm
featuring: Vincent McGrath ~ Micheál Ó Seighin ~The Rossport Reel ~ Mary Mullen ~ Seán Garvey ~Other Guests to be announced!
Tickets €12 / €10 concessions
Raffle tickets and Shell to Sea Merchandise available on the night
Advance tickets available from:
Louise on 086 389 2069
Sinn Féin Shop ~ 58 Parnell Square
Connolly Books ~ 7 Bloom Lane, off Ormond Quay
For further information and tickets
phone / text Louise on 086 389 2069 or: e-mail dublinshelltosea@gmail.com
Vincent McGrath said :"The proceeds from this night will go towards further campaigning against Shell. Perhaps when Shell repay the millions of euro they have stolen from the Irish people through the corrupt political grantings of our natural resources in 1992 then they can deduct their fees accordingly."
For further interview requests: Vincent McGrath 087 755 7244
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4. LETTERS
FORGOTTEN FOREST VICTORY - AND A NEW CHALLENGE - IN SLOVAKIA
Dear all
Having just got back from eastern Slovakia, I want to send a short personal note about what I found there, as in some ways it sums up much of what each of us has experienced over the last decade (and more) in trying to protect the world's forests.
It was only at the meeting of the Forest Movement Europe this week in Slovakia that I was reminded that, during the early 1990s, some of us (especially the Friends of the Earth international network of forest campaigners) had worked with Slovakian groups to oppose a World Bank 'Forest Sector Development' project. This project would potentially have seen the country's forests opened up for massive industrial exploitation.
Like me, you may not have been aware that, with international support, our Slovakian friends won this campaign, and the World Bank loan was stopped. Our wonderful hosts at the recent FME meeting - WOLF (the Wolf Forest Protection League), a part of Friends of the Earth Slovakia - still have a massive struggle to protect the country's forests, but at least there is something left to fight for. They are winning important victories. Having been taken by WOLF up into the Carpathian hills on the border of Poland and Ukraine, it is clear that these beech-fir forests - home to wolves, bears and lynx - are some of the best forests left in Europe.
But, after beating back the World Bank a decade ago, a new threat is emerging: the Forest Stewardship Council is 'greenwashing' the appalling forestry practices of parts of the State Forest Service. This is a picture of part of the FSC certified area:
The Presov State Forest District pictured here was certified by Soil Association Woodmark in 2001.
For the last 4 years, WOLF has opposed the 'certified destruction' of their local forests. Like many other grass-roots groups around the world, their pleas have been ignored. Like many other groups, they have been told that 'FSC is a process', and 'things will get better'. Like many other groups around the world, they have waited and waited for 'things to get better', but nothing has changed...
WOLF will soon be contacting some or all of you to help them finally stop this disgrace. The 15 or so groups present at the FME meeting have pledged to help them. (We have also pledged to take concerted action to bring about the fundamental reform of the FSC system that, clearly, is urgently required. You will also hear more about this shortly...).
When WOLF does ask for your help, I very much hope that you will give it.
With best wishes
Simon Counsell
Director
The Rainforest Foundation UK
196 Old Street
London EC1V 9FR
England
Tel: +44 (0)207 251 6345
Fax: +44 (0)207 251 4969
Skype ID: scounsell
www.rainforestfoundationuk.org
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5. UPCOMING EVENTS
Friday 28th April -Monday 1st May 06 ''Health, Medicine & The Law'' - A Contemporary and Brehon Perspective
See http://www.burrenlawschool.org/programme.html for programme.
Burren Law School 2006, Burren College of Art, Ballyvaughan, Co. Clare
6th / 7th May 06: Weekend in the Woods – CELT
Another big weekend of traditional and ecological skills training at all levels for adults (age 14+) Courses will include Wood Carving, Dry-stone and Lime-mortar Walling, Basket Weaving, Blacksmithing, Greenwood Furniture making, Natural Building, Coppersmithing, Silversmithing, Herb Lore, Bushcraft, Natural Building, Sugan Chair making and more. For details see http://www.celtnet.org/events-page14233.html. Clare.
May 2006: Seminars in Environmental Law at UL
The International Commercial and Economic Law Research Group at the University of Limerick will run a series of seminars on environmental law in the Spring 2006 semester. These seminars will deal with issues such as climate change, environmental enforcement in Ireland, fisheries in the national and international contexts and recent developments in domestic environmental law.
TIMETABLE OF EVENTS:
* Environmental Impact Assessments, Date: May 2006, Speaker : Garrett Simons, BL,
(All events are subject to change.)
Further details of the Seminars are available at http://www.ul.ie/envirocom/worddocs/EnvironmentalLaw.doc or from the Project Leader: Rónán Kennedy, ICELRG, School of Law, University of Limerick. Email: ronan.kennedy@ul.ie
Further information on the International Commercial and Economic Law Research Group is available by contacting Raymond J Friel, Director, ICELRG, School of Law, University of Limerick. Email: raymond.friel@ul.ie . Limerick.
13/14 May and 27/28 May: Habitat Creation / Improvement for Biodiversity - 2 weekends : Phase 1: 13 / 14 May and Phase 2 : 27 / 28 May.
Wetland and woodland habitats. Includes flora and fauna identification, site survey and assessment, planning and design, practical work ('gardening for wildlife', pond and stream enhancement, pathways, fences, hides). Course fee (total) 120 euros (100 unwaged). Might well be repeated in Autumn, so could be possible to do one of the weekends in May and other phase in Autumn. Camping available. Bring own packed lunch, wellies, gloves, notebook, magnifying glass. Email booking with full contact details and send deposit 50 euros plus membership fee (15 euros / 10 unwaged) if applicable, to confirm place. CELT (Centre for Environmental Living and Training)
c/o East Clare Community Coop, Scariff, Co.Clare Tel: 061.640765 or 087.6686477 www.celtnet.org info@celtnet.org
22 / 23 / 24 July 06: Summer in the Woods - CELT
Bealkelly Wood, Tuamgraney - 12 courses including Boat-building - see http://www.celtnet.org for more info. Clare.
7th / 8th October 06: Weekend in the Woods – CELT
Bealkelly Wood, Tuamgraney - see http://www.celtnet.org for more info. Clare.
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6(a). IN THE NEWS - National
COILLTE'S PROFITS FALL 44%
Profits at Coillte, the State-owned forestry company, fell 44 per cent to €19.65 million last year, mostly as a result of the implementation of an early retirement and voluntary redundancy scheme. Laura Slattery reports.
Some €10.5 million was set aside to cover the cost of a pension fund top-up and ex gratia payments made to 90 staff who will have left the company by the middle of this year.
A poor market for Christmas trees due to oversupply forced the company to write down its stock of trees by €4.3 million, while difficult start-up trading conditions at its housing joint venture, Griffner Coillte, led to an impairment provision of €3.25 million.
The group said its operating profits before these three exceptional items was €48.51 million, up 13 per cent on 2004. The net increase in the value of forests and land during the year was €26.8 million.
Coillte said the underlying business performance was strong with good contributions from its forestry, land development and SmartPly wood panel businesses.
The volume of logs sold increased by 3 per cent, but the margin on log sales fell by 4 per cent, continuing a recent downward trend that Coillte said remained a serious concern.
Coillte chief executive Martin Lowery said he expected log sales would be flat for the next 10-15 years. SmartPly, which manufactures oriented strandboard at Belview Port in Waterford for the Irish, European and US markets, increased sales last year, although prices were lower than in 2004.
Coillte has emerged as the preferred bidder for the Weyerhaeuser Europe plant in Clonmel, which would allow the group to enter the market for producing medium density fibreboard. The transaction is subject to due diligence, Weyerhaeuser and Coillte board approval and regulatory approval.
The group said it was a good year for its land development business, with waste management sites sold to Cork, Kerry and Wexford county councils and it also completed the sale of a major windfarm site in Kerry.
Mr Lowery said Coillte's objective was to develop into a balanced commercial enterprise, which included maximising the value of its land assets without compromising its core forestry programme.
© The Irish Times, April 27 '06
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CORRIB PROTESTER CRITICISES 'CHARADE' ON EU DIRECTIVE
Lorna Siggins, Marine Correspondent
The Department of the Marine has been criticised for failing to publicise a new requirement for an environmental assessment for future oil and gas exploration off the Irish west coast.
Micheál Ó Seighín, one of the five north Mayo men jailed last year over opposition to the Corrib gas onshore pipeline, accused the department yesterday of engaging in a "charade" over its obligations under an EU directive recently transposed into Irish law.
Mr Ó Seighín was speaking at a public consultation workshop hosted by the department's petroleum affairs division in Galway yesterday - one of a series held this week, and the first for a major marine project under the terms of the EU's Strategic Environmental Assessment directive.
The directive, transposed into Irish law in 2005, obliges member states to carry out an environmental assessment for any large-scale development that would have significant impacts.
Scottish marine environmental consultants ERT Ltd were hired to conduct the first such study for offshore oil and gas exploration, and presented their draft findings at the poorly attended workshop in Galway yesterday.
Minister for the Marine Noel Dempsey has received five applications for exploration in various blocks on the Slyne, Erris and Donegal basins - a 25,000sq km sea area extending 50-250km off the northwest and west coasts.
The assessment does not cover previous licences issued for this area, including the petroleum lease awarded for the Corrib gas field. Successful applicants will be given frontier exploration licences lasting 15 years. The consultants confirmed during questioning that they were given just six months to compile a report, engage in public consultation and produce a final document.
The draft document, for which submissions must be received by May 11th, notes that there is "no basis" on which to suggest licensing constraints in the area, but says that current available information for the offshore area is "insufficiently detailed".
The document says that seabirds, whales and dolphins would be most vulnerable, due to possible sea surface pollution and the effects of underwater noise from seismic surveys. It recommends that guidelines for seismic surveys drawn up by the Irish Whale and Dolphin Group should be made "a requirement".
The department said it had placed adverts for the workshops on April 11th in the Irish Independent, Connacht Tribune, Sligo Champion, Donegal Democrat, Mayo News and Foinse.
© The Irish Times, April 22 '06
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HITTING A STONE WALL
Good fences make good neighbours, so relations can cool when they fall down, as Mark Hennessy finds when he visits Lord Waterford's estate
The view lacks for nothing other than the theme music of Brideshead Revisited: the long drive, the wide gates, the gravel crunching underfoot up to the imposing main door of Curraghmore. Drive into Lord Waterford's estate, nestled in a wooded valley divided by the River Clodagh, near Portlaw, in Co Waterford, and the centuries fall away.
Oliver Cromwell came here in 1649, with the intention of burning it, as he had done to so many other places. In the end, it seems, he had something to eat. "Family lore has it that, when Cromwell came here, my ancestor was locked up by his daughter in the dungeon, because she thought he would say the wrong thing. Then she invited Cromwell in for tea. And he came, and he left," says Tyrone de Poer Beresford, the eighth marquis of Waterford.
Then there is the legend of the Cross. Once, it is said, an IRA unit came to burn down Curraghmore, although local historians divide on the subject. The unit reportedly got to the main gates, then saw a cross on the roof, behind a stag of St Hubert, one of the family's emblems, light up. "They took that as a sign that they shouldn't do anything, and they went away," says de Poer Beresford.
The family, which has been in Ireland since 1169, has lots more colour in its history. One ancestor, Lord Charles Beresford, fought his way up the Nile in an unsuccessful attempt to rescue General Gordon at Khartoum, in 1885; another, William, serving with the 9th Lancers, won a Victoria Cross, Britain's highest award for bravery in the face of an enemy, during the Zulu War of 1879, when he and a fellow solider, Sergeant Edmond O'Toole, saved the life of a corporal.
In recent decades, the house hosted Fred Astaire and Jacqueline Kennedy, as well as Charles Haughey. "CJ was keen on hunting. I think I lent him a horse," says de Poer Beresford, who is still involved in the daily running of the main, 2,500-acre estate. The family, he says proudly, have never been absentee landlords.
Although the history of the family and building is dear to him, the marquis is more interested in his ongoing dispute with Coillte, the State forestry company, about the poor condition of kilometres of walls around 1,900 acres that the State rented from the family, on a 150-year lease, in the 1930s. "My father leased the land to the department of lands" - now the Department of Communications, Marine and Natural Resources - "just before he died, in 1934," he says. "The terms of the lease are very clear. The walls are to be maintained."
In many places, the stone walls, which were built to provide work during the Famine, have fallen down or are about to do so, weakened by the roots of pine trees that have been allowed to grow too near them.
The lease is specific: "The Minister will from time to time and at all times during the said term hereby granted well and sufficiently repair, maintain and keep all walls, fences, ditches and drains."
Although Coillte is but the latest organisation to be in charge of State forestry, Lord Waterford has been complaining for years that the walls were being allowed to decay. Now, ready to take legal action, he has brought in experts who have estimated that it would cost €11 million to put the damage right, as highly trained craftsmen would be needed.
In November 1989 Coillte wrote to him to say it had hired a private contractor, who was working on the walls "at present". "The damage to the walls is extensive and it will take time to repair. This is compounded by the nature of the walls and the craftsmanship and materials required to carry out repairs. I wish to state that the company will repair the damage caused to the walls and to the entrances," wrote a representative of Coillte's estate-management division, promising to have the repairs completed in September 1990.
Coillte then promised to have the walls on two sides of Beallough Wood and at Tower Hill Wood repaired during the following year and said "normal maintenance" would then continue "from year to year".
Some repairs have been done in recent months, although, according to the marquis, the work does not match the wall destroyed.
"They have allowed trees to grow right up alongside walls. I started to complain to them about this during the 1970s, but nothing got done. The leases were very badly drawn up. The rental is absolutely minimal, just 14 pence in old money per acre. Nobody thought about inflation. There were no rent reviews, though we were not unique in that."
Gerry Egan, Coillte's secretary, says the company assumed responsibility for the lease in 1989; he blames storms in 1974 and 1997 for the damage. "Coillte was faced with a major task to carry out this work. Over the past 10 years some repairs were carried out. Coillte was approached by Lord Waterford in 2005, expressing dissatisfaction with the situation."
Coillte, he says, "accelerated the repair of the walls in 2005 and 2006", but, given the extensive damage sustained "over the past 70 years, it will take time to meet these obligations fully".
© The Irish Times, April 15 '06
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7. WOODLAND LEAGUE CONTACT DETAILS
www.woodlandleague.org
Andrew St. Ledger, PRO,
+353-(0)87-9933157
Brendan Kelly, Liaison Officer,
+353-(0)91-687778 (evenings)
+353-(0)86-1529176 (mobile)
brendankellywoodlawn@yahoo.ie
Ciarán Hughes, Secretary,
The Woodland League,
c/o Caherawoneen, Kinvara, Co. Galway, Ireland.
+353-(0)87-9652992
woodlandleague@yahoo.ie
Yahoo! Discussion Group:
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Petition:
http://www.petitiononline.com/rfpii
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