Forestry Regulation

Updated 2014 Legislation

The Forestry Act 2014 updates the legislation in relation to forestry.  It repeals the Forestry Act 1946 and previous legislation.  The Act provides for the functions of the Minister and gives powers to protect forests from a range of risks and threats, including fire, disease and vermin.  Enforcement measures by way of penalties and prosecutions are provided for.

The legislation updates the rules on felling and the exceptions available.  The Minister may waive conditions in relation to replanting requirements.

The responsibility for the forestry sector is placed on the Minister.  The Minister may establish committees for the purpose of performance of the functions.

The Minister has the power to grant licences, approvals, grants and loans with or without conditions. The Minister has powers in relation to granting of licences, for felling and uprooting trees.

There is provision for notification of the decision and procedural steps.  There is a provision for the entry of decisions on a register.

Functions

The general functions of the Minister under the Act are

• to promote forestry;
• to promote the development of forests and forest-related activities and industries in a way that promotes an economically, environmentally and socially sustainable yield of forest goods and services while maintaining and enhancing their biological diversity;
• promoting good forest practice within the forestry and forestry-related services;
• regulating and monitoring forestry operations to ensure they are properly managed in accordance with the Act and good forestry practice;
• promote knowledge and awareness of forestry;
• promote research in forestry and related matters;
• ensure forests are protected against harmful pests, diseases and invasive species;
• regulating the marketing of forest reproductive material and conserving forest genetic resources;
• collecting, disseminating information and statistics on forests and forestry-based industry;
• promoting and development of the quality-based forest industry sector;
• promote the production and use of timber;
• promote the production of non-timber forest products;
• promote, monitor and protect the enhancement of water quality in all aspects of forestry;
• promote and encourage the development of forestry for the purposes of biodiversity, public amenity and recreation;
• promote and monitor the use of forests in carbon sequestration.

Management Plan & Directions

The Minister may require forest owners to submit management plans to ensure that forestry activities are carried out in accordance with good practice. The Minister is to have regard to social, economic and environmental functions in the exercise of forestry powers.  He must have regard to the necessity for environmental assessment of projects in accordance with environmental legislation.

The Minister has the power to require forest owners, managers, processors and dealers in timber to provide information.

The Minister may serve a notice on the landowner of uncultivated land in the vicinity of the forest to remove vegetation that may pose a fire risk to the forest.  He may authorise persons to enter the land to remove the vegetation if the land is unoccupied or the owner fails to comply with the notice.

The Minister may serve a notice on the owner of lands in the vicinity of a forest to destroy vermin within a time if it is apprehended that they may cause damage to the forest.  A person may be authorised to enter land to destroy vermin on the unoccupied land or if the owner fails to comply with the notice.

The Minister may appoint committees to assist in the performance of statutory functions.  The Minister may retain overall responsibility while delegating functions to the committee.  The committees are to be appointed by the Minister.

Requirements Criteria

The Minister may, by notice in writing, require an owner of a forest to submit a forest management plan in respect of his or her forest to ensure that afforestation, felling, restocking, forest road works and other forestry-related activities are being carried out in accordance with good forestry practice.

It may be required in respect of two or more adjoining forestry owners.  Land may be required to be updated and revised from time to time.

The Minister in performing his or her functions, must have regard to social, economic and environmental functions of forestry and good forestry practice.  He must in particular take account of different habitats and species and natural semi-woodland.

He must consider whether the function performed requires consideration of or obtaining an Environmental Impact Assessment.  He must consider his functions under the Habitats Regulations and as to whether a Natura Impact Statement is required.

Notification Obligation

Where a forest is destroyed or removed, other than under the Act, including by fire or natural causes, the owner must notify the Minister in writing of the destruction or damage, including the area and location, within six months.  Failure to do so is an offence. The Minister may serve a replanting order.

The Minister has powers to require information for the purpose of collection, preparation, publication and distribution of statistics, investigation of offences and compliance generally with the legislation.  Notices may be issued on owners or managers of forests requiring information within a specified period.  Failure to comply is an offence.

Fire Risk Notice

Where the Minister is satisfied that trees in a forest are at significant risk of being damaged by fire originating on uncultivated land in the vicinity of the forest by reason of the presence of vegetation, the Minister may serve on the owner a notice stating that the vegetation constitutes a danger to the trees and directing that it be removed or destroyed as may be specified.

Where the land is unoccupied or the owner fails to respond, the Minister may enter, do the works and destroy vegetation within 45 metres of the forest.

On proof by the owner of the land that the steps taken above by authorised persons needlessly resulted in damage or loss of a significant character, the person authorised may be liable to pay compensation and shall be entitled to be reimbursed by the owners of the trees concerned.

Vermin Risk Notice

Where the Minister is satisfied that trees in a forest are being damaged by vermin in its vicinity, he may serve a notice in writing stating that the trees are likely to be so damaged and directing that the vermin be destroyed insofar as reasonably practicable to do so or that specified steps m be taken to prevent the damage within such time as may be specified.  Similar provisions apply as above.

Where the land is unoccupied or the notice is not responded to, the Minister may authorise a person in writing to enter kill and take the vermin within a specified period.  The following are deemed to be vermin:

• squirrels (other than red squirrels);
• wild or feral animals (including rabbits) which are not protected animals under the Wildlife Acts;
• subject to the below, species protected under the Wildlife Acts or Habitats Regulations.

The power is not to be interpreted as authorising the destruction of species protected under the Wildlife or Natural Act and Habitats Regulations other than in accordance with a licence granted by the Minister for the Arts, Heritage and the Gaeltacht.

Similar provisions apply in respect of payment of compensation, where the person who has been so authorised, needlessly caused damage or loss of a significant character.  The person who is to pay compensation is entitled to be reimbursed by the owner of the trees.

Ministerial Regulations

There are comprehensive powers for the Minister to make regulations for the matters in the Forestry Act.  This includes regulations in relation to

• afforestation, reforestation,
• maintenance of forest,
• planting and harvesting of trees;
• replanting;
• forest protection;
• forest plant health;
• forest road works;
• forest nurseries;
• forest roads and trails
• forest reproductive material;
• forest research and statistics;
• deforestation;
• training and education;
• forest inventory;
• amenity use of forests; timber;
• Christmas trees;
• forest biomass;
• wood packaging material;
• traceability of forestry material.

Regulation Criteria

The Minister is to have regard to

• the promotion of afforestation;
• development of forests and forest-related activities in a way that provides an economically, environmentally and sustainable use of forest goods and services;
• promoting good forestry practices;
• regulating and monitoring forestry activities;
• promoting knowledge and awareness of forestry;
• promoting education and training in forestry;
• protection against harmful pests, diseases and invasive species;
• marketing of forest reproductive material;
• collection and dissemination of information and statistics;
• promoting the use of timber;
• development of non-timber forest products;
• monitoring water quality; monitoring the development of forests for the purposes of biodiversity,
• public amenity and recreation;
• ensuring categories of exempted trees are reconsidered in the light of silvicultural needs and values.

Regulations re Compensation

The Minister may make regulations providing for the payment of compensation to a person where an application to fell or remove trees, undertake forestry works or afforestation is refused.  Compensation shall not be payable where the reason for the refusal to grant the licence is one which falls within the description of the reasons specified for that purpose.  The reasons must be based on

• protection of the environment;
• ensuring good forestry practice;
• preservation of amenities;p
• public health or safety;
• protection from flooding;
• preservation of water quality.

Good Forestry Practice

A good forestry practice means forestry practice that respects the principle that the diverse activities constituting forestry must be planned and implemented in a manner which prevents, limits, abates or reduces significant adverse impacts on the environment and character of the landscape.

The environment includes, in particular, significant ecosystems and important habitats for flora or fauna.  The grounds must also comply with the grounds similar to those in respect of which compensation is refused under IV schedule to the Planning and Development Act.

Regulations shall provide that no compensation is payable where the refusal is linked to an incomplete application or inadequate environmental assessment, nature impact assessment, or another failure to provide the requisite information.

The legislation specifies particular matters to be included in any regulations regarding the manner of calculation of compensation.  No compensation is to be payable in respect of the deterioration in the quality of timber that took place more than 10 years before the application or is due to an unforeseen event or neglect of the trees occurring subsequent to the refusal and not more than one application for compensation may be made in respect of the same parcel of land in any period of 40 years.

Provision may be made for no compensation to be payable where the amount is less than the minimum amount specified in regulations,

The Forestry Appeals Committee consists of a chairman and up to at least two other members appointed by the Minister.  The Forestry Appeals Committee hears certain categories of forestry-related appeals.

2020 Licensing

The Forestry (Miscellaneous Provisions) Act 2020  aims to align the processes and procedures for appeals of licensing decisions to the Forestry Appeals Committee with similar planning processes.

The Department of Agriculture, Food and the Marine is the licensing authority for licences for felling, afforestation, forest road works or aerial fertilisation of forests. Public participation in licence decision-making is afforded at the application stage by means of submission, and once a decision is made and a licence issued, there is a right of appeal to the Forestry Appeals Committee (FAC).

The former appeals system was overwhelmed, with long delays in processing and required reform in order to become more efficient and effective for all stakeholders.

The Act :

• Increases the capacity of the FAC to determine appeals by enabling it to sit in divisions of itself;
• Enables the FAC to determine appeals without an oral hearing where it is possible to properly dispose of an appeal in that manner;
• Provides the Minister with a regulation-making power to specify, inter alia, the procedures in relation to appointments to the FAC and for other FAC-related matters generally;

The Act provides for fees for appeals, by means of regulation, similar to other planning processes. It also provides for measures of enhanced public consultation, providing for the publication of documentation relating to forestry applications.

Climate Support

A ‘native tree area’ means land under trees with an area of not less than 0. 1 hectare and not greater than 1 hectare, or  an area of not less than 0. 1 hectare that is not greater than 20 metres in width, and where the trees concerned are native tree species only, of which not more than 25 per cent are Scots pine;

‘native tree area grant’, in relation to a native tree area, means any payment made by the Minister for native tree area-related activities other than a loan;

A ‘native tree species’ means a species of tree specified below.

The Minister may, for the purpose of enabling the State to pursue and achieve the transition to a low carbon, climate resilient, biodiversity-rich and environmentally sustainable economy, provide by regulation for a scheme to facilitate the planting of native tree areas.

Regulations may provide for the exemption of the planting of native tree areas that would, but for such exemption, be subject to the requirements from the requirements for an afforestation, forest road works or aerial fertilisation of forests licence. They may prescribe conditions for an exemption under, having regard to—

• the requirements of the environment and environmental law,
• the need for increased planting of native tree species,
• public safety,
• fire, pest or disease control, and
• research and such other silvicultural requirements as the Minister considers appropriate,

Regulations may prescribe the terms and conditions of that scheme, having regard to such of the above and other matters as the Minister considers relevant. They may provide for the provision of native tree area grants for the planting of native tree areas.

Regulations shall provide that an exemption from the licensing requirements shall be granted only where, on the basis of objective information, the proposed native tree area is not likely to have a significant effect on a European site in view of the site conservation objectives, either individually or in combination with other plans or projects.

Native tree species

Common Name Scientific Name

• Alder,Alnus glutinosa
• Strawberry tree Arbutus unedo
• Silver birch Betula pendula
• Downy birch Betula pubescens
• Hazel Corylus avellana
• Ash Fraxinus excelsior
• Holly Ilex aquifolium
• Crab apple Malus sylvestris
• Scots pine Pinus sylvestris
• Black poplar Populus nigra
• Aspen Populus tremula
• Wild cherry Prunus avium
• Bird cherry Prunus padus
• Sessile oak Quercus petraea
• Pedunculate oak Quercus robur
• Goat willow Salix caprea
• Grey willow Salix cinerea
• Bay willow Salix pentandra
• English whitebeam Sorbus anglica
• Whitebeam Sorbus aria
• Rowan Sorbus aucuparia
• Irish whitebeam Sorbus hibernica
• Rock whitebeam Sorbus rupicola
• Yew Taxus baccata
• Wych elmUlmus glabra