FORESTRY ACT, 1946

• (5) If any person on whom any provision or provisions of a replanting order is or are for the time being binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which such failure continues and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such replanting order, to a fine not exceeding five pounds and, in the case of every subsequent such conviction in relation to such replanting order, to a fine not exceeding ten pounds.

53 Limitation on certain penalties.

53.—Where—

• (a) a person is convicted of an offence under section 37 or section 38 or section 39 or section 42 or section 45 or section 47 or section 51 of this Act, and

• (b) the offence relates to more than twenty trees, and

• (c) that person satisfies the Court that the commission of the offence was due to a bona fide mistake of fact, whether on his part or on the part of a person acting under his orders or with his permission,

then, the total amount of the fine imposed on him in respect of the offence shall not exceed one hundred pounds.

54 Registration under the Registration of Title Act, 1891, of certain conditions and orders.

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.

• (3) Where—

• (a) conditions are, by virtue of subsection (3) of section 48 of this Act, attached to a felling licence under the Act of 1928, and

• (b) the land on which trees are to be planted in pursuance of such conditions is registered land,

the Minister shall, as soon as may be after the operative date, send a copy of the licence to the registering authority who shall thereupon register the said conditions as a burden affecting such land,

• (4) Where—

• (a) afforestation conditions are attached to a general felling licence, and

• (b) the land on which trees are to be planted in pursuance of the conditions is registered land,

the Minister shall, as soon as may be after granting the licence, send a copy thereof to the registering authority who shall thereupon register the afforestation conditions as a burden affecting such land.

• (5) Where—

• (a) a replanting order is served on any person, and

• (b) the land on which trees are to be planted in pursuance of such order is registered land,

the Minister shall, as soon as may be after the service of the order, send a copy thereof to the registering authority who shall register the order as a burden affecting such land.

• (6) Where a burden affecting any land has been registered under this section, and the burden has been discharged in whole or in part, or has been modified,—

• (a) the Minister, on an application therefor being made to him, in the prescribed form, by the owner for the time being of the land, shall issue to the registering authority a certificate stating the extent to which the burden has, in his opinion, been discharged or modified and also issue a copy thereof to the owner, and

• (b) the registering authority shall, on receipt of the certificate, register it as proof of the discharge or partial discharge or modification (according to the terms of the certificate) of the burden.

• (7) No fees shall be payable in respect of any proceedings in the Land Registry under this section.

55 Panel of referees.

55.—(1) There shall be established and maintained for the purposes of this Act a panel of referees consisting of such number of fit and proper persons as shall from time to time be found necessary for the purposes aforesaid.

• (2) The members of the panel of referees shall be appointed by the Government and every such member shall hold office for five years from the date of his appointment but shall be eligible for re-appointment at the expiration of his term of office.

• (3) Every member of the panel of referees shall be paid such fees and expenses for every examination and report made by him in pursuance of the Act as the Minister shall, with the approval of the Minister for Finance, direct.

56 Reference of certain matters to a referee.

56.—(1) Where—

• (a) an application for a limited felling licence is refused in whole or in part, and the applicant or any of his successors in title to the land on which stands the tree to which the application related objects to such refusal, or

• (b) the Minister grants a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, and the licensee or any of his successors in title to the land specified in such condition or conditions objects to the attachment of such condition or conditions or to the terms of such condition or conditions, or

• (c) the Minister grants a limited felling licence to which there is attached a contributing condition and the licensee objects to the attachment of the contributing condition or to the amount of the contribution, or

• (d) the Minister terminates the authority conferred by a limited felling licence and the licensee or any of his successors in title to the land on which stands or stood the tree to which the licence relates objects to such termination, or

• (e) the Minister, having terminated the authority conferred by a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, refuses to modify such condition or conditions, and the licensee or any of his successors in title to the land specified in such condition or conditions objects to such refusal, or

• (f) the Minister, having terminated the authority conferred by a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, modifies such condition or conditions and the licensee or any of his successors in title to the land specified in such condition or conditions objects to the extent of the modification, or

• (g) the Minister, having terminated the authority conferred by a limited felling licence to which there is attached a contributing condition, refuses to make a refund of the contribution and the licensee or his personal representatives objects or object to such refusal, or

• (h) the Minister, having terminated the authority conferred by a limited felling licence to which there is attached a contributing condition, makes a refund of part of the contribution and the licensee or his personal representatives objects or object to the amount of the refund, or

• (i) the Minister makes a utilisation (exempted trees) order to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, and the person to whom the order is granted or any of his successors in title to the land specified in such condition or conditions objects to such attachment or to the terms of the condition or conditions so attached, or

• (j) the Minister makes a replanting order in respect of any person and that person or any of his successors in title to the land to which the order relates objects to the order or to the terms thereof, the objector or objectors may, in accordance with subsection (2) of this section, require his or their objection to be referred to a referee.

• (2) Every requisition under subsection (1) of this section shall—

• (a) be in the prescribed form and state the grounds on which the requisition is based,

• (b) be sent to the Minister in the prescribed manner and within the prescribed time, and

• (c) be accompanied by the prescribed fee.

• (3) Whenever a requisition duly made under the foregoing provisions of this section is received by the Minister, he shall cause the subject-matter of such requisition (that is to say, the matter which is required by such requisition to be referred to a referee) to be referred for examination to a referee nominated by the Minister from the panel of referees established and maintained in pursuance of this Act.

• (4) Every referee to whom a requisition is referred under this section shall examine the subject-matter of such requisition and report in writing to the Minister the result of such examination.

• (5) The Minister shall consider every report sent to him under subsection (4) of this section and shall send a copy of such report to the person who made the requisition to which it relates and the Minister shall then either, as he shall think proper,—

• (a) confirm his action in the matter which was the subject of such requisition, or

• (b) take such action as may in his opinion be appropriate to meet (wholly or to such extent as appears to him to be proper) the objection which was the subject-matter of such requisition.

• (6) In the exercise of his powers under subsection (5) of this section, the Minister may, without prejudice to the generality of the powers conferred by that subsection,—

• (a) modify any replanting conditions attached to a limited felling licence, to which the relevant requisition under this section related, in like manner as he is empowered, under subsection (5) of section 41 of this Act, in the circumstances set out in that subsection, to modify replanting conditions, and such modification shall have effect as if it were in fact a modification by virtue of the said subsection (5);

• (b) modify any preservation condition or conditions attached to a limited felling licence, to which the relevant requisition under this section related, in like manner as he is empowered under subsection (6) of section 41 of this Act, in the circumstances set out in that subsection, to modify preservation conditions, and such modification shall have effect as if it were in fact a modification by virtue of the said subsection (6);

• (c) modify any contributing condition attached to a limited felling licence, to which the relevant requisition under this section related, either by withdrawing the condition or reducing the amount of the contribution specified in such condition;

• (d) withdraw any limited felling licence, to which the relevant requisition under this section related, and grant in lieu thereof a fresh limited felling licence in the manner specified in section 40 of this Act and, if he thinks fit, attach to such fresh licence either—

• (i) any one or more of the following conditions, namely, replanting conditions and preservation conditions, or

• (ii) a contributing condition;

• (e) in any case in which the relevant requisition under this section related to a utilisation (exempted trees) order, make a fresh utilisation (exempted trees) order in like manner as if the original order, to which the said requisition related, had not been made, and the making of such fresh utilisation (exempted trees) order shall be deemed to render the said original order void;

• (f) in any case in which the relevant requisition under this section related to a replanting order, make a fresh replanting order in like manner as if the original order, to which the said requisition related, had not been made, and the making of such fresh replanting order shall be deemed to render the said original order void.

• (7) Whenever the Minister takes any action to meet, wholly or partially, the objection which was the subject-matter of a requisition under this section, the fee paid on the making of such requisition shall be returned to the person who made such requisition.

57 Transitory provisions.

57.—(1) During the period of two years commencing on the operative date, the provisions of subsection (1) of section 37 of this Act shall not apply to the uprooting or cutting down of any tree if—

• (a) a felling notice under the Act of 1928 in relation to the tree has, within two years before the operative date, been given in accordance with section 5 of the Act of 1928, and

• (b) the tree is uprooted or cut down (as the case may be) not later than two years from the date on which such notice was so given, and

• (c) in case the said notice was so given within twenty days before the operative date, more than twenty days have expired since the date on which the said notice was so given.

• (2) Where a felling notice under the Act of 1928 has been given not earlier than the twentieth day before the operative date,—

• (a) the reference, in subsection (1) of section 39 of this Act, to a felling notice under this Act shall, during the period of twenty days commencing on the operative date, be construed as including a reference to the said felling notice under the Act of 1928;

• (b) the first reference, in subsection (2) of the said section 39, to a felling notice under this Act shall be construed as including a reference to the said felling notice under the Act of 1928, and

• (c) the reference, in paragraph (b) of the said subsection (2), to the place named in the said felling notice under this Act for the service of a prohibition order under this Act shall be construed as including a reference to the place named in the said felling notice under the Act of 1928 for the service of documents under the Act of 1928.

• (3) During the period of two years commencing on the operative date, the provisions of subsection (1) of section 37 of this Act and the provisions of subsection (3) of section 39 of this Act shall not apply to the uprooting or cutting down of any tree if the tree is uprooted or cut down under the authority conferred by a felling licence under the Act of 1928.

PART V. Miscellaneous.

58 Prevention of damage by rabbits and vermin.

58.—(1) Where the Minister is satisfied that trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by rabbits or vermin present on any land (in this subsection referred to as the infested land) in the vicinity of the planted land,—

• (a) the Minister may serve on the occupier (if any) of the infested land a notice in writing stating—

• (i) that trees or tree plants growing on the planted land are being, or are likely to be, damaged by rabbits or vermin present on the infested land, and

• (ii) that, within three months after such service, either—

• (A) such rabbits or vermin should be effectively destroyed, or

• (B) effective steps should otherwise be taken for the prevention of such damage;

• (b) if—

• (i) the infested land is unoccupied, or

• (ii) the infested land being occupied and a notice under paragraph (a) of this subsection having been served on the occupier thereof, the occupier does not, within three months after such service, either effectively destroy the rabbits or vermin present thereon or otherwise take steps, which are in the opinion of the Minister feasible and effective, for the prevention of damage by the rabbits or vermin to trees or tree plants growing on the planted land,

the Minister may authorise in writing any person to enter on the infested land and kill and take the rabbits or vermin thereon during any specified period, not exceeding twelve months.

• (2) Any person entering on land under an authority given by the Minister under this section shall, if so required by the occupier (if any), produce his authority, and, if any person obstructs any person so authorised in the due exercise of his powers or duties under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

• (3) Each of the following shall be vermin for the purposes of this section—

• (a) deer,

• (b) wild animals (other than hares) likely to damage trees or plants.

59 Destruction of hares on lands held by the Minister for purposes of Act.

59.—(1) Notwithstanding anything contained in the Game Preservation Act, 1930 (No. 11 of 1930), it shall be lawful for the Minister and the servants and agents of the Minister to take and destroy hares by any reasonable means at any time on any day on any land held by the Minister for the purposes of this Act.

• (2) In this section the word “hares” includes leverets.

60 Other provisions in relation to destruction of hares.

60.—(1) Where the Minister is satisfied that any trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by hares present on any land (in this subsection referred to as the infested land), which is either the planted land or land adjoining the planted land, the following provisions shall have effect:—

• (a) the Minister may make an order (in this section referred to as a hares (suspension of restrictions on destruction) order) permitting a specified person, who is either the owner or occupier of the infested land, and also, if the Minister thinks proper, any one or more servants or agents (to be specified by name in the order) of that person to take and destroy hares on the infested land during any specified period, not exceeding six months,

• (b) the order shall operate to render it lawful, notwithstanding anything contained in the Game Preservation Act, 1930 (No. 11 of 1930), for the said person and such (if any) of his servants or agents as are so specified by name to take and destroy hares on the infested land by any reasonable means at any time on any day falling within the said specified period.

• (2) Where—

• (a) the Minister is satisfied that trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by hares present on any other land (in this subsection referred to as the infested land) adjoining the planted land, and

• (b) either—

• (i) the infested land is unoccupied and either the owner thereof is not resident in the State or his address is unknown and not readily ascertainable, or

• (ii) a hares (suspension of restrictions on destruction) order having been made, the period specified therein has expired and the persons authorised thereby in that behalf have failed, during the said period, to take steps to take and destroy hares on the infested land which are in the opinion of the Minister satisfactory,

the following provisions shall have effect:—

• (I) the Minister may by order authorise any person or persons (each of whom is in this subsection referred to as an authorised person) named in the order to take and destroy hares on the infested land during any specified period, not exceeding twelve months,

• (II) the order shall operate to render it lawful for each authorised person, at any time on any day within the said specified period,—

• (A) to enter on the infested land, and

• (B) notwithstanding anything contained in the Game Preservation Act, 1930, to take and destroy by any reasonable means hares thereon,

• (III) if an authorised person enters on the infested land in exercise of the powers conferred by the order, he shall, if so required by the occupier (if any), produce the order,

• (IV) any person who obstructs or interferes with an authorised person exercising the powers conferred by the order, shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

• (3) In this section the word “hares” includes leverets.

61 Burning of vegetation.

61.—(1) It shall not be lawful for any person to burn any vegetation growing within one mile of a wood which is not the property of such person unless such person has, not less than seven days before commencing to burn such vegetation, given notice in writing of his intention to burn such vegetation to the owner of such wood and to the sergeant in charge of the Gárda Síochána station nearest to such wood.

• (2) If any person burns any vegetation in contravention of this section, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (3) Whenever a notice has been served on the owner of a wood under subsection (1) of this section, such owner may within three days after receiving such notice serve a counter-notice on the person by whom such notice was given objecting to the proposed burning on the ground that it is liable to cause damage to such wood.

• (4) If any person burns any vegetation either in contravention of this section or after serving the notice required by this section and receiving a counter-notice under this section, all injury occasioned by such burning to any wood in respect of which a notice ought to have been or was served under this section shall be deemed to have been caused by the negligent act of that person and damages to the extent of such injury shall be recoverable accordingly from that person by the owner of such wood.

62 Removal or destruction of vegetation on land adjoining woods.

62.—(1) Where the Minister is satisfied that a wood is liable to be damaged by fire originating on uncultivated land adjoining such wood, by reason of the presence thereon of vegetation,—

• (a) the Minister may serve on the occupier (if any) of the said land a notice in writing stating that such vegetation constitutes a potential danger to the said wood and should be removed or sufficiently destroyed within thirty days after such service;

• (b) if—

• (i) the said land is unoccupied, or

• (ii) the said land being occupied and a notice under paragraph (a) of this subsection having been served on the occupier thereof, the occupier does not comply therewith,

the Minister may authorise in writing any person to enter on the said land and remove or destroy any vegetation growing on the part of the said land lying within a distance of one hundred and fifty feet from the boundary of the said wood during any specified period, not exceeding three months.

• (2) Any person may, notwithstanding the provisions of section 28 of the Game Preservation Act, 1930 (No. 11 of 1930), remove or destroy vegetation growing on any land which lies within a distance of one hundred and fifty feet of any wood without obtaining the permission in writing of the Superintendent of the Gárda Síochána for the district, if such removal or destruction is done pursuant to a notice relating to such land served under subsection (1) of this section or in accordance with an authority in that behalf given under the said subsection.

• (3) Any person entering on land under an authority given by the Minister under this section shall, if so required by the occupier (if any), produce his authority, and, if any person obstructs any person so authorised in the due exercise of his powers or duties under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

63 Information from saw-millers.

63.—(1) The Minister may, whenever and so often as he thinks fit, serve on any person (being the proprietor of any sawmill or factory in which timber is sawn or converted from the round or rough state) a notice requiring that person to furnish to the Minister, within twenty-eight days after the service of such notice, a return containing such particulars, in relation to the source of supply, volume and variety of timber so sawn or converted during a specified period at such sawmill or factory, as may be specified in the notice.

• (2) The Minister may, whenever and so often as he thinks fit, serve on any person (who is an exporter of timber in the round or rough state) a notice requiring that person to furnish to the Minister, within twenty-eight days after the service of such notice a return containing such particulars in relation to the source of supply, volume and variety of such timber exported by him during a specified period, as may be specified in the notice.

• (3) A notice under this section may require any return to be made thereunder to be in a form specified in the notice.

• (4) If any person upon whom a notice is served under this section fails or refuses to comply with the notice, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (5) Where—

• (a) a person is convicted of an offence under subsection (4) of this section by reason of his failure or neglect to do the things specified in a notice served on him under this section within the time specified in the notice, and

• (b) the said things remain, after the date of such conviction, undone by him,

such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day, after the date of such first-mentioned conviction, on which the said things remain undone by him, and such offence shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

64 Penalty for false statements, etc.

64.—If any person—

• (a) makes, in any felling notice under this Act or in any application for a limited felling licence or a utilisation (exempted trees) order or a general felling licence, within the meaning of Part IV of this Act, any statement which is false or misleading in a material respect, or

• (b) in making any return to the Minister under this Act, furnishes any information which is false or misleading in a material respect,

that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

65 Transfer to the Minister for Agriculture of powers of Minister under Destructive Insects and Pests Acts, 1877 to 1929.

65.—All powers, which immediately before the operative date were exercised or capable of being exercised by the Minister under the Destructive Insects and Pests Acts, 1877 to 1929, are hereby transferred to the Minister for Agriculture.

SCHEDULE. Enactments Repealed.