Forestry Act 2014

PART 1 Preliminary and General

1. Short title, collective citation, construction and commencement

1.(1) This Act may be cited as the Forestry Act 2014.

(2) The Forestry Act 1988, the Forestry (Amendment) Act 2009 and this Act may be cited as the Forestry Acts 1988 to 2014 and shall be construed together as one Act.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. In this Act—

“Act of 1946” means the Forestry Act 1946;

“Act of 2000” means the Planning and Development Act 2000;

“afforestation” means the conversion of land to a forest;

“authorised officer” means a person authorised under this Act to be an authorised officer for the purposes of the relevant statutory provisions;

“carbon sequestration” means the process through which forestry practices remove carbon from the atmosphere and store it in vegetation and soil;

“coppice” means a forest crop raised from shoots produced from the cut stumps of the previous crop;

“deforestation” means the conversion of a forest into land that is not a forest;

“environmental impact assessment” has the meaning assigned to it by the Forest Consent Regulations;

“environmental impact statement” means an environmental impact statement (EIS) within the meaning of the Forest Consent Regulations;

“exempted tree” means a tree exempted under section 19;

“fell” means cut through the trunk of the tree to such an extent that the tree falls or is rendered liable to fall;

“fixed payment notice” means a notice given under section 24;

“forest” means land under trees with—

(a) a minimum area of 0.1 hectare, and

(b) tree crown cover of more than 20 per cent of the total area, or the potential to achieve this cover at maturity,

and includes all species of trees;

“Forest Consent Regulations” means the European Communities (Forest Consent and Assessment) Regulations 2010 (S.I. No. 558 of 2010), as amended by the European Communities (Forest Consent and Assessment) (Amendment) Regulations 2012 (S.I. No. 442 of 2012);

“forest reproductive material” means reproductive material of tree species and artificial hybrids that are important for forestry purposes;

“forest road” means a road (other than a public road) that serves a forest;

F1[“forest road works”means the construction of a forest road or works ancillary to such construction (whether or not such construction involves the removal of trees);]

“grant” means any payment made by the Minister for forestry-related activities, other than a loan;

“Habitats Regulations” means the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011);

“Minister” means the Minister for Agriculture, Food and the Marine;

“natural regeneration” means the generation of trees from natural seed fall;

“owner”, in relation to trees or a forest, means—

(a) the freehold owner,

(b) the leasehold owner (if any), or

(c) the occupier for the time being,

of the lands concerned and includes Coillte Teoranta;

“planning authority” has the meaning assigned to it by section 2 of the Act of 2000;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“public road” has the meaning assigned to it by section 2 of the Act of 2000;

“reconstitution” means the restoration of a forest following damage to it;

“reforestation” means restocking by planting, natural regeneration or coppicing of an area from which trees have been felled or otherwise removed;

“relevant statutory provisions” means this Act and regulations made under this Act, including regulations made under section 30(8);

“remove”, in relation to a tree, includes uprooting the tree or applying a treatment to the tree to kill it;

“replant” means to deliberately restock with trees an area from which trees have been felled, removed or otherwise destroyed, or to restock such other land as may be agreed with the Minister, but does not include restocking by means of natural regeneration;

“replanting order” means an order made by the Minister pursuant to section 26;

“thinning” means the removal from a forest in accordance with good forest practice of excess or diseased trees, or trees of poor quality in order to improve the growth, health and value of the remaining trees;

“timber” means the wood produced by a tree, whether or not the tree is standing;

“tree” means a free standing woody perennial plant whose species has the potential to have a more or less definite crown and be capable of reaching a minimum height of 5 metres at maturity and includes a sapling and the species of birch and hazel.

3. Laying of regulations

3. Every regulation under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Administration of Forestry Sector

5. General functions of Minister

5.(1) Without prejudice to any other functions conferred on the Minister by this Act, the Minister shall have the following functions:

(a) to promote afforestation;

(b) to promote the development of forests and forest-related activities and industries in such a way that forests provide an economically, environmentally and socially sustainable yield of forest goods and services, while maintaining and enhancing their biological diversity;

(c) to promote good forest practice within the forestry and forestry-related sectors;

(d) to regulate and monitor forestry operations to ensure that forests are properly managed in accordance with this Act and good forest practice;

(e) to promote knowledge and awareness of forestry;

(f) to promote education and training in forestry and related matters;

(g) to promote research in forestry and related matters;

(h) to ensure that forests are protected against harmful pests, diseases and invasive species;

(i) to regulate the marketing of forest reproductive material and conserve the forest genetic resource;

(j) to collect and disseminate information and statistics on forests, forestry and forest-based industry;

(k) to promote the development and marketing of a quality-based forest industry sector;

(l) to promote the production and use of timber;

(m) to promote the development of non-timber forest products;

(n) to promote and monitor the protection and enhancement of water quality in all aspects of forestry, including ensuring that forestry operations and forest-based activities regulated under this Act are compatible with the requirements of Directive No. 2000/60/EC of the European Parliament and of the Council of 23 October 2000 ^1 on water policy;

(o) to promote and encourage the development of forests for the purposes of biodiversity, public amenity and recreation;

(p) in consultation with the Minister for the Environment, Community and Local Government, to promote and monitor the use of forests in carbon sequestration.

(2) In performing any relevant function under this Act, the Minister shall have regard to, in addition to any other material matter, the policy of the Minister for the Environment, Community and Local Government on climate change.

6. Specific functions of Minister

6. Without prejudice to any other functions conferred on the Minister by this Act, the Minister may—

(a) grant licences and, where appropriate, attach conditions thereto, for—

(i) the felling or otherwise removing of a tree or trees and the thinning of a forest,

(ii) afforestation,

(iii) forest road works, and

(iv) aerial fertilisation of forests,

(b) give approvals and, where appropriate, attach conditions thereto, for forest management plans,

(c) give approval for and provide grants for any activity related to his or her functions under the relevant statutory provisions and may attach conditions thereto,

(d) produce and implement guidelines, codes of practice and standards for good forest practice,

(e) purchase or otherwise acquire, or dispose of, land suitable for afforestation or for any other forestry-related activities,

(f) develop and maintain forest inventories,

(g) undertake, participate in or promote any scheme or project related to his or her functions,

F3[(ga) in order to enable the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy—

(i) undertake, participate in or promote any scheme or project promoting the planting of native tree areas, and

(ii) in accordance with the relevant statutory provisions, give approval for and provide native tree area grants, subject to such conditions as may be specified, for the planting of native tree areas,]

(h) undertake the collection, preparation, publication and distribution of statistics relating to forestry,

(i) prescribe fees pursuant to section 25,

(j) prescribe forms for the purposes of the Forestry Acts 1988 to 2014, and

(k) make regulations relating to any of the foregoing functions.

6A. F4[Minister not authorised to dispose of State minerals

6A....]

7. Granting of licences, etc. by Minister

7.(1) Where the Minister, following an application under the relevant statutory provisions—

(a) grants a licence,

(b) gives an approval,

(c) makes a grant, or

(d) makes an entry in a register,

he or she may grant, give or make it, as appropriate, with or without conditions.

(2) Where a matter to which subsection (1) relates has been granted, given or made, the Minister may where appropriate, in whole or in part, subsequently—

(a) vary any conditions, or

(b) suspend or revoke the licence, approval or grant, or remove the entry,

having regard to all the circumstances of the case, including non-compliance with any conditions, but a revocation of a licence or of another foregoing matter shall not take place unless the Minister is satisfied that—

(i) there are substantial grounds warranting that course of action, and

(ii) the exercise of none of the other powers under this subsection would remedy the matter.

(3) Where the Minister, following an application as referred to in subsection (1) —

(a) refuses to grant, give or make it, as appropriate,

(b) specifies conditions under subsection (1), or

(c) takes any of the actions specified in subsection (2)(a) or (b),

he or she shall provide reasons and inform the applicant of the procedure for appealing the decision.

(4) Where subsection (2)(b) applies, the Minister may specify that any or all of the conditions shall remain in force notwithstanding such revocation or suspension, for such period as the Minister may specify.

(5) Where subsection (4) applies, the Minister may extend the time specified.

(6) The Minister shall inform the applicant of any action taken under this section.

(7) Where conditions are attached or varied pursuant to this section and the applicant is not the owner, the conditions shall be binding on the owner.

(8) A person may, without a licence, fell or otherwise remove an exempted tree.

(9) In this section “application” includes an application submitted electronically, if available.

8. Minister may appoint committees

8.(1) The Minister may establish one or more committees to assist and advise him or her in the performance of any of his or her functions under the relevant statutory provisions.

(2) The Minister may, subject to—

(a) subsection (10), and

(b) retaining overall responsibility and accountability,

delegate in writing to a committee any of his or her functions which, in his or her opinion, can be better or more conveniently exercised or performed by a committee.

(3) The Minister shall decide the terms of reference for any committee and may regulate the procedure of any such committee.

(4) The members of a committee shall be appointed by the Minister.

(5) A committee shall consist of such number of members (including, where appropriate, persons with an expertise relevant to the committee’s terms of reference) as the Minister thinks proper; in making appointments to a committee the Minister shall give due consideration to the desirability of the committee’s membership reflecting the social, economic and environmental interests concerned and the need for an appropriate balance between members who are men and who are women.

(6) A member of a committee may be removed at any time for stated reasons by the Minister.

(7) The Minister may at any time dissolve a committee.

(8) The Minister may appoint a person to be chairperson of a committee.

(9) There shall be paid by the Minister to members of a committee such allowances for expenses incurred by them in the discharge of their functions as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(10) The Minister shall not delegate the function of delegating under this section, making of an order under section 1(3) or prescribing any matter that may be prescribed.

9. Prohibition on unauthorised disclosure of confidential information

9.(1) A person shall not disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as a member of a committee unless he or she is authorised to do so by the Minister or as provided by law.

(2) A person who contravenes subsection (1) shall be guilty of an offence and be liable, on summary conviction, to a class E fine.

(3) In this section “confidential information” includes—

(a) information that is expressed by the Minister or the committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description,

(b) a report of the committee to the Minister, and

(c) information given by the committee to the Minister.

(4) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part 1 at the end thereof:

(a) in column (2) of “ Forestry Act 2014”, and

(b) in column (3) of “section 9”.

10. Forest management plans

10.(1) The Minister may, by notice in writing, require an owner of a forest to submit a forest management plan (in this section referred to as a “plan”) in respect of his or her forest to ensure that afforestation, felling, restocking, forest road works and other forestry related activities (including amenity and recreation uses of forestry) are being carried out in accordance with good forest practice.

(2) Where an owner owns 2 or more forests, the Minister may require the owner to submit a separate plan in respect of each forest or in respect of a specified group of forests, or one plan in respect of all forests.

(3) The Minister may require that a plan be revised and updated.

(4) The Minister may, in whole or in part, approve, reject or revoke a plan, or a revised and updated plan, and attach conditions at any time to a plan, or a revised or updated plan.

(5) The Minister may set or extend time limits within which—

(a) plans, or revised and updated plans, or parts of them, shall be submitted and implemented, and

(b) conditions attached shall be complied with.

(6) The Minister may make regulations providing for the form, content, duration and implementation of plans.

PART 3 Protection of Environment

11. Role of Minister in safeguarding environment

11. The Minister, in performing his or her functions under the relevant statutory provisions, shall—

(a) have regard to the social, economic and environmental functions of forestry,

(b) follow good forest practice,

(c) take particular account of—

(i) the different habitats and species in forests, and

(ii) natural and semi-natural woodland,

(d) consider whether the subject matter of the function being performed requires the carrying out of one or more of the following:

(i) a screening for an environmental impact assessment;

(ii) the submission of an environmental impact statement;

(iii) an environmental impact assessment;

(iv) his or her functions under the Habitats Regulations, including—

(I) a screening for an appropriate assessment,

(II) the submission of a Natura Impact Statement, and

(III) the carrying out of an appropriate assessment,

within the meaning of those Regulations,

and

(e) where there is such a requirement under paragraph (d), ensure that it is carried out.

12. Where forest is destroyed or removed

12.(1) Where a forest is destroyed or removed, in whole or in part, otherwise than in accordance with this Act, by any means (including fire or natural causes), the owner shall notify the Minister in writing of the particulars of the destruction or removal, including the area, location and extent of the destruction or removal, within 6 months of the occurrence.

(2) Where subsection (1) applies and the owner concerned fails to comply with the requirements therein, that owner shall be guilty of an offence and be liable, on summary conviction, to a class A fine.

(3) Where subsection (1) applies, the Minister may serve a replanting order on the owner and subsections (3) to (6) of section 26 shall apply with any necessary modifications.

13. Minister may require information

13.(1) The Minister may, for the purpose of the collection, preparation, publication and distribution of statistics relating to forestry, the investigation of alleged offences or compliance with the relevant statutory provisions, issue and serve a notice on the following persons:

(a) the owner or manager of a forest, requiring him or her to furnish to the Minister within 28 days or such longer period as may be specified in the notice, such particulars in relation to the forest, including the area, species, numbers and volumes of trees felled during a specified period, and such other information as may be specified in the notice;