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Dáil Éireann debate -
Thursday, 28 Mar 1946

Vol. 100 No. 6

Forestry Bill, 1945—Financial Resolution.

I move:—

That there may, save as is otherwise provided by statute, be charged, in respect of any licence, granted by the Minister for Lands under statutory authority, authorising the uprooting or cutting down of trees, such sum as is authorised by statute.

I should like to know from the Minister what is being charged for these licences, or whether licences have not been granted under the old Forestry Act.

It is a new contributory financial provision.

I take it that the Deputy wants to know what are the Minister's intentions in the matter.

The Financial Resolution is being moved because it might appear that the contribution which a licensee will be required to pay towards the expenses of the administration of the public services relating to forestry under a contributing condition attached to a limited felling licence granted under Section 40 of the Forestry Bill represents a form of levy imposed on the people or on a section of the people. The Forestry Act, 1928, established the principle that an owner of trees had an obligation in respect of those trees to the community, and that if he desired to fell the trees he should be required to discharge his obligation to the community in respect of them by expending part of the profits of the sale of the timber felled by him on the establishment of a new plantation under a replanting condition attached to a felling licence granted to him under the Act. Section 42 of the Forestry Bill is concerned with the discharge of the obligation of an owner of trees to the community in cases where it would be impracticable or unreasonable to require the owner to establish a fresh plantation, by attaching a replanting condition to a limited felling licence granted to him under Section 40. Section 42 proposes to do this by requiring the licensee to pay a contribution towards the expenses of the public services relating to forestry. The contribution will be assessed by the Minister for Lands, who will have regard to the costs which would have devolved upon the licensee in the fulfilment of replanting conditions attached to his limited felling licence, if the attachment of such conditions to the licence were practicable and reasonable and if the Minister had, in fact, so attached conditions to the licence.

The contribution which will be so exacted is not, strictly speaking, a levy, and the power which Section 42 will give to the Minister for Lands to attach a contributing condition to a licence will, even in some cases, be utilised to the advantage of the licensee. For instance, in a case where a person is desirous of clearing trees from certain land with a view to utilising the land for other purposes, and where the Minister is satisfied that the use of the land for such other purposes is reasonable and should be permitted, then the Minister will attach a contributing condition to the licence instead of attaching thereto replanting conditions which would be objectionable to the licensee.

Is the Resolution agreed to?

Are we now dealing with Resolution No. 1?

No, this is No. 2. Is Resolution No. 2 agreed to?

I should like to know from the Minister what are the scales of licences to be charged: are they going to vary according to the number of trees cut down, or is there going to be a licence enforced in the case of a farmer cutting down timber for the purpose of use on his own farm? Is there going to be a flat rate charged, or will there be a variation?

There will be no charge for licences, as at present, but in some cases we have to insist on a replanting condition, and where conditions prevail in which we cannot impose replanting, then we have to impose certain charges.

Question put and agreed to.
Resolutions reported and agreed to.
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