Author Archives: Liam Nolan

CONFIRMED TIMELINE FOR INTRODUCTION OF HAMS

Following an Online Hunter Engagement Meeting held on 4th February 2022, Coillte have confirmed a timeline for the roll-out and onboarding of HAMS, the new Hunting Area Management System covering all hunting activities (game and deer) on Coillte forest property. All existing licensees will, on or before 11th February 2022, receive an email with detailed instructions on how to set up an account with HAMS, providing for an activation period running from 11th February 2022 to 11th March 2022, with online tendering, including renewal of existing licences, to open around the middle of April 2022.

Nominated hunters will receive instructions from licence holders in due course – all nominated hunters must have their own HAMS account and HAMS itself will be fully operational from the beginning of the 2022-2023 hunting season.

HAMS YouTube Tutorials, “How To” guides and designated email support will be available during the account activation period.

A key feature of the revised package is that the payment of an individual HAMS membership fee of €72.00 p.a. for each participating hunter has been dropped in favour of an annual service contract between Coillte and the HAMS operating company.

Tendering charges will have a baseline licence fee for all licensed areas, incremental based on the number of hunters per licence. Proposals for a revised tendering scoring system are being looked at and will be incorporated in tender offers in April.

Deer Alliance HCAP, Irish Deer Society, Irish Deer Commission, NARGC, Wild Deer Association of Ireland and other deer and shooting representative bodies were represented on the online meeting. Future engagements between Coillte, hunters and their representative bodies will include a regular review stage, with bi-monthly meetings proposed. Further meetings will take place before and after the Account Activation Period, the first of which will take place on 25th February 2022.

Click on the link below for slides:

Hunter Engagement 040222 slide deck

HCAP CHAIRMAN WESLEY ATKINSON STEPS DOWN

 

 

 

 

 

 

 

 

Wesley Atkinson, Eastern Regional Manager, National Parks & Wildlife Service, will step down as Chairman of the Deer Alliance HCAP Committee with effect from 31st December 2021, after sixteen years in that position.

Wesley was appointed Chairman of the Committee in 2005 when HCAP was formally introduced as mandatory for persons hunting wild deer on Coillte forest property following a previous two years of development, during which time he also sat on the Committee as HCAP was developed to meet Coillte’s needs and the future needs of NPWS and training needs generally.

Wesley served as Chairman with distinction, advising and assisting on all issues affecting development and implementation of HCAP, keeping the ship on an even keel in occasional stormy weather and ensuring that HCAP was maintained at the highest possible level of efficiency and standards of training. His contribution has been invaluable and in particular his support for the functions of the secretariat has been crucial to maintenance of standards.

His step-down from the position of Chairman reflects the mandatory requirement for HCAP certification for persons hunting on private land as well as on Coillte forest property which takes effect from 2022.

The position of HCAP Chairman will be considered at the next quarterly meeting of the Deer Alliance HCAP Committee in 2022.

Wesley Atkinson seen here with HRH Charles, Prince of Wales, on the occasion of the latter’s visit to Glendalough in 2019. Wesley is on the right!

REGISTRATION OF EASEMENTS & PROFITS À PRENDRE

 

 

 

 

 

Legislation removing this month’s deadline to register certain rights including rights of way and sporting rights with the Property Registration Authority (PRA) has come into effect.

The enactment of the Land and Conveyancing Law Reform Act 2021 today 30th November 2021 repeals a number of changes to the law on prescriptive easements and profits à prendre under the Land and Conveyancing Law Reform Act 2009, which were due to take effect from tomorrow, 31st November 2021.

Ministers announced in September that they would introduce a “short amending bill” to amend the 2009 Act amid concerns raised by the Law Society of Ireland and the Bar Council.

Previously, the law required prescriptive rights of way to be registered with the PRA by the end of November 2021, which lawyers warned could lead to a deluge of court cases to protect long-standing rights after the deadline.

Claims to validate or register a prescriptive right that are already pending before the courts or the PRA will continue to be decided as before the enactment of the 2021 Act.

New claims will largely be decided under the doctrine of lost modern grant that applied before the 2009 Act, though this is likely to change again in the near future following a more detailed review.

It will still be possible to confirm a prescriptive right, either by applying to court or by registering it directly with the PRA, but this will be optional, as it was before the 2009 Act.

Justice minister Helen McEntee said: “I’m delighted to welcome the timely enactment of this urgent Act. It averts a legal cliff-edge that was due to occur on 1st December, when major changes to the law on private rights of way, and other prescriptive rights, were due to come into effect.

“I know that those impending changes have been causing worry and stress to many people, with farmers and homeowners at risk of losing important rights that have been enjoyed for many years without dispute. This Act repeals those changes, and protects acquired rights and acquired years of use.”

James Browne, minister of state in the Department of Justice, added: “The Land and Conveyancing Law Reform Act 2009 was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts, and modernised much of our land and conveyancing law.

“However, after carefully considering the concerns raised by stakeholders about this particular chapter of the 2009 Act, it was clear that in this particularly complex legal area, the 2009 provisions were not working as intended.

“I am grateful to the Law Society and the Bar Council, in particular, for their work to highlight these difficulties. I would also like to thank all the stakeholders who worked with my Department to develop the provisions of the Bill, and the Attorney General for the valuable legal advice and drafting expertise provided.”

Ms McEntee added: “The government has agreed to establish a time-bound review to identify any further changes that are desirable to ensure that this area of law is placed on a sustainable long-term basis.

“I hope that the review could start work early in the New Year, with a view to completing its work by the end of the summer.”

RESULTS OF HCAP RANGE TEST SATURDAY 2nd October 2021

IFA COUNTRYSIDE MEMBERS, top to bottom: Sean Whelan & Adam Szulik, John Lambert & Gregory Smith, Michael Henry.

The candidates listed below all completed their Deer Alliance Hunter Competence Assessment Programme with their Range Test at the Midland Range, Blue Ball, Tullamore on Saturday 2nd October 2021. The list of candidates included a number of IFA Countryside members who benefited from a subsidy toward the cost of participation provided by IFA Farm Business Skillnet. Despite early showers, the weather cleared and held good for the duration of the Range Test. Thanks go to the Midland Range management and personnel, including J. P. Craven and Tony Saunders, and to Deer Alliance Range Officers Pat Scully and Liam McGarry. All successful candidates received their HCAP Certificates, ID cards and badges from Liam Nolan, Director of Deer Alliance HCAP.

New HCAP-Certified Candidates (date of certification 2nd October 2021):

COOKE, Declan, 2020/0056
COOKE, Eamonn, 2021/0027
CRISTIAN, Vadim, 2021/0069
HENRY, Michael, 2021/0065
JORDAN, Brendan, 2021/0060
JORDAN, Nicky, 2021/0061
KAMINSKI, Mariusz, 2021/0070
LAMBERT, John, 2021/0063
LEAVY, Niall, 2021/0007
McELDUFF, Kevin, 2021/0059
MURPHY, Alan, 2021/0062
PAILLARD, Etienne, 2020/0064
SCANLON, Callum, 2020/0063
SMITH, Gregory, 2021/0064
SZULIK, Adam, 2021/0067
WHELAN, Sean, 2021/0066

Well done and congratulations to all successful candidates as they join the proud ranks of HCAP-Certified Hunters.

This Range Test concludes the 2021 Series of HCAP Assessments. The 2022 Series will open in March 2022 (dates to be notified here when confirmed). Applications can be made online at any time. All applications will be acknowledged when received and eligible candidates will be notified of dates for MCQs and Range Tests.

 

HCAP RANGE TEST SATURDAY 2nd OCTOBER 2021 – ELIGIBLE CANDIDATES

 

 

 

 

 

 

 

 

 

 

SIKA HIND – THE HCAP RANGE TEST TARGET – THREE ROUNDS IN A FOUR-INCH CIRCLE (GROUPING), PRONE POSITION, FOLLOWED BY NINE ROUNDS IN THE HEART-AND-LUNG AREA (THREE ROUNDS IN EACH OF THREE POSITIONS). ALL LEGITIMATE STALKING AIDS MAY BE USED. SOUND MODERATORS PERMITTED, HEARING PROTECTION RECOMMENDED. VALID FIREARMS CERTIFICATE AND EVIDENCE OF INSURANCE TO BE EXHIBITED BY ALL CANDIDATES WHEN SIGNING IN.

The Range Test for HCAP Candidates having successfully completed their MCQs on 18th September 2021 and in some cases, on previous dates, will take place on Saturday 2nd October 2021 at the Midland National Shooting Centre, Blue Ball, Tullamore, Co. Offaly R35 NC58, commencing at 10.00 a.m. sharp.

The list includes candidates eligible for the Range Test following qualification at previous MCQs but having deferred their Range Test on previous occasions. Such candidates are reminded that if having deferred two or more Range Tests, they miss the Range Test on 2nd October 2021 without notice, they may be de-listed as eligible and can complete their HCAP only by re-entering for the Range Test stage and paying a Repeat Fee of €50.00.

Candidates should be present from 9.30 a.m. in order to sign in and to exhibit their current Firearms Certificate and evidence of insurance.

Procedures to be followed at each Range Test are posted separately.

BEHAN, Conor, 2021/0012
CONWAY, Kieran, 2021/0049
COOKE, Declan, 2020/0056
COOKE, Eamonn, 2021/0027
CRISTIAN Vadim, 2021/0069
HENRY, Michael, 2021/0065
JORDAN, Brendan, 2021/0060
JORDAN, Nickie, 2021/0061
KAMINSKI, Mariusz, 2021/0070
LAMBERT, John, 2021/0063
LAWLOR, Jonah, 2021/0058
LEAVY, Niall, 2021/0007
MANNINGHAM-BULLER, Edward, 2020/0018
McELDUFF, Kevin, 2021/0059
MURPHY, Alan, 2021/0062
O’NEILL, Simon, 2021/0026
PAILLARD, Etienne, 2020/0064
SCANLON, Callum, 2020/0063
SMITH, Gregory, 2021/0064
SZULIK, Adam, 2021/0067
WHELAN, Sean, 2021/0066

ALL CANDIDATES SHOULD BE PRESENT FROM 9.30 A.M. IN ORDER TO SIGN IN WITH MIDLAND RANGE PERSONNEL AND WITH THE HCAP RANGE OFFICERS.

CANDIDATES MAY HAVE ONE ATTEMPT AT THE GROUPING AIMING POINT AND TWO ATTEMPTS AT THE HEART & LUNG AIMING POINT, OR TWO ATTEMPTS AT THE GROUPING AIMING POINT AND ONE ATTEMPT AT THE HEART & LUNG AIMING POINT.

 

HAMS Hunter Area Management System – Coming Soon.

 

 

 

 

Coillte Teoranta will host a webinar on Thursday 30th September 2021 (from 16:00 to 17:00 hrs.) to introduce the new Hunter Area Management System (HAMS) licensing system, which is due to be launched in the coming months. This is to discuss how HAMS will work and the improvements and efficiencies the system is intended to introduce to the tendering and licensing process within Coillte.

The webinar will be run through the WebEx conferencing app and intending participants should download and install the app to their laptops or other devices in advance of the scheduled date.

The app can be downloaded HERE.

To join the webinar, click HERE.
Password: 0000
To join by phone only, please use the following details:
Dial: 01 5260058, Event No. 2734 166 9530, Password: 0000

All existing Coillte hunting licensees and nominated stalkers should acquaint themselves with HAMS as the proposed system will undoubtedly impact on stalking practices and on efficiencies in deer management and control on Coillte forest property in the future.

For an introduction to HAMS click HERE.

For a YouTube tour of the system click HERE.

 

CHANGE OF DEADLINE AFFECTING REGISTRATION OF CERTAIN RIGHTS INCLUDING SPORTING RIGHTS

 

 

 

 

 

 

 

 

A looming deadline to register rights of way with the Property Registration Authority (PRA) will be removed following pressure from the Law Society and the Bar Council.

Ministers yesterday agreed to introduce a “short amending bill” to amend the Land and Conveyancing Law Reform Act 2009 and repeal changes concerning easements, such as rights of way, and profits à prendre, such as fishing or shooting rights.

Prior to the introduction of the 2009 Act, prescriptive rights of way were usually verified by simple statutory declarations of long use. The 2009 Act introduced a new requirement for a prescriptive right to be verified by a court order and registered with the PRA.

An amendment to the law, made in 2011, provided that, if the prescriptive right was not contested by the owner of the land affected by it, the claimant could apply directly to the PRA to validate and register their right based on long use.

The deadline for applications under the old rules made to court, or directly to the PRA, was also extended to 30 November 2021. After that deadline, prescriptive rights could still be validated and registered, but only under new rules taking effect on 1 December.

Mrs Humphreys said: “I know that the position that was due to apply after 30 November has been a cause of great concern for many. I have listened carefully to the concerns raised with me by stakeholders, including the Law Society and the Bar Council.

“I am satisfied that, if not addressed, this deadline was likely to lead to a large volume of unnecessary court cases to protect rights which have been enjoyed for generations, and to cause stress between neighbours, unnecessary legal costs, and added court backlogs.”

The law applicable to prescriptive easements and profits “will largely be reverted” to the common law that applied before the 2009 Act, the Department of Justice has said.

Mrs Humphreys added: “In what I am sure will be a welcome development for purchasers, this is also expected to greatly reduce current conveyancing delays and blockages.”

The justice minister said she will seek a waiver from pre-legislative scrutiny and early signature of the bill by the president in order to meet the deadline.

Mrs Humphreys also committed to more comprehensive reform in the area, promising a “time-bound review that will identify the best long-term, sustainable provisions for the law in this area”.

Paddy Sweetman, convener of the Law Society’s easements task force, told Irish Legal News: “The Law Society raised the rights of way registration deadline as an issue of major concern among solicitors with the government earlier this year. We engaged extensively with them on this issue and we are pleased to see that our concerns have been heard.

“The 2009 Act has already been causing difficulties for people when buying and selling property, and for people taking out mortgages. The looming deadline of 30 November 2021 would have made the situation considerably worse.

“We thank the minister and the government for their review of this Act and are grateful that the minister has recognised the need for a ‘wholesale reform’ in this area. We look forward to receiving further clarity on the issue and the amendments being brought forward.”

END OF 2021 SERIES OF HCAP ASSESSMENTS

The annual deer rut has commenced and the roar of the Red stag will echo over the hills as stags intent on reproduction will put all their energies into finding hinds with which to mate, ensuring the future of the herd.

The HCAP Training Workshop and MCQ which took place in Carlow on 18th September 2021 was the last date in the 2021 Series of HCAP assessments.

The Range Test for successful candidates from this MCQ will take place on Saturday 2nd October 2021 at the Midland Range, Blue Ball, Tullamore, Co. Offaly.

Activities will be resumed in March 2022. A schedule of dates for 2022 will be posted here in due course (when confirmed).

HCAP MCQ SATURDAY 18th SEPTEMBER 2021 – RESULTS

 

 

 

 

 

 

The following candidates (HCAP numbers, followed by mark achieved) were successful in the HCAP MCQ held in the Woodford Dolmen Hotel, Carlow, on Saturday 18th September 2021 and are eligible to participate in the HCAP Range Test to be held at the Midlands Range, Blue Ball, Tullamore, Co. Offaly on Saturday 2nd October 2021. Procedures for Range Tests will be posted here separately in due course.

Candidates who were Deferrals or No-Shows at this MCQ on 18th September 2021 will be carried forward to the next scheduled MCQ in 2022, except where they have missed two or more MCQs without notice.

2021/0065, 80%, Pass
2021/0060, 94%, Pass
2021/0061, 92%, Pass
2021/0070, 90%, Pass
2021/063, 92%, Pass
2021/0058, 90%, Pass
2020/0018, 84%, Pass
2021/0059, 94%, Pass
2021/0062, 94%, Pass
2020/0064, 86%, Pass
2020/0063, 92%, Pass
2021/0064, 94%, Pass
2021/0066, 80%, Pass

The following candidates (HCAP number, followed by mark achieved) were unsuccessful and are required to re-sit the MCQ stage before proceeding to any Range Test. The application fee for Repeat Candidates is €50.00. “Fail” grades may be appealed to the HCAP Assessment Committee, subject to written application accompanied by re-checking fee, €50.00. Where written application for re-checking is received, it is reviewed by the Committee at the next scheduled Committee meeting following receipt of application. Applications for re-checking must be received within 10 (ten) days of publication of results on this blog.

2021/0069, 72%, Fail
2021/0068, 72%, Fail
2021/0067, 70%, Fail

Congratulations to all successful candidates, and condolences to those who were unsuccessful on this occasion.