asked Minister for the Environment, the progress which has been made in relation to the need to protect and preserve certain of our trees and woodlands from the hands of speculators and others; and if he will make a statement on the matter.
34.
Written Answers. - Tree Protection.
26.
asked the Minister for the Environment, if it is his intention to protect our trees and woodlands by introducing proper and inflexible tree preservation orders; and, if not, the reason.
I propose to take Questions Nos. 26 and 34 together. Functions in relation to the protection of trees in the interests of amenity are vested in local planning authorities. In particular, section 45 of the Local Government (Planning and Development) Act, 1963, empowers a planning authority to make a tree preservation order in respect of a tree, trees, group of trees or woodlands where such preservation appears to be expedient in the interests of amenity. The effect of a tree preservation order is to bring trees of amenity value specified in the order within the planning control process, by requiring the consent of the planning authority to the cutting down of any such trees. I have no proposals to amend the law in this regard but I am awaiting an opinion from the Attorney General on the question of whether it would be possible to restrict further the circumstances in which compensation may be claimed where a consent under a tree preservation order is refused.
I am satisfied that the existing provisions of the Planning Acts, if properly applied, can be used effectively to protect trees of amenity value in many situations. In the near future, I propose to issue a comprehensive memorandum to planning authorities setting out the scope and opportunities available to them under the Planning Acts to promote and advance policies and objectives in relation to amenity trees. The memorandum will include advice on the making of tree preservation orders and in relation to tree protection in areas zoned for development or on sites for which planning permission is granted. The provisions of Planning Acts relate to the protection of amenity trees only and the use of land for forestry is exempted development. The regulation of forestry activity is the responsibility of the Minister for Fisheries and Forestry who will shortly introduce a Bill to amend existing legislation governing the felling of trees and to increase the penalties for illegal felling.