Dáil Éireann Debate, Tuesday - 4 November 2014
400. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the legislative provisions under which the National Roads Authority is exempted from the requirement to obtain a licence for tree felling pursuant to the Forestry Act 1946. [41054/14]
View answerThe National Roads Authority is not exempt from the requirement to obtain a licence for tree felling pursuant to the Forestry Act, 1946. However, the Roads Act, 1993 ( as amended by the Roads Act, 2007) facilitates the felling of trees by the National Roads Authority under the following legislative provisions:
S. 19 of the Roads Act 1993 (as amended) states:
(1) "The Authority may, in relation to national roads or proposed national roads, do all or any of the following
a) prepare, or arrange for the preparation of—
(i) designs for construction or improvement works
(ii) programmes of maintenance works, or
(iii) schemes for the provision of traffic signs
b) secure the carrying out of construction or maintenance works, or the provision of traffic signs
(c) secure the provision of facilities for the parking of vehicles
( d ) allocate moneys and make payments in relation to construction or maintenance works, or in relation to any other function assigned to it by or under this Act;
( e ) specify standards in relation to construction or maintenance works;
( f ) carry out, arrange to have carried out or assist the carrying out of, training, research or testing activities in relation to any of its functions;
( g ) provide any amenity, structure or thing (including, without limitation, service areas, rest areas or lay-bys) for the safety and convenience of road users
( h ) undertake landscaping, planting or any similar activities in the interests of amenity and the environment; or
( i ) provide artistic features
(2) The Authority shall, as far as possible, arrange that the functions referred to in paragraphs (a) to (e) of subsection (1) shall be performed on its behalf by the relevant road authority but, in any case where the Authority considers that it would be more convenient, more expeditious, more effective or more economical that the function concerned should be performed by it, it may decide accordingly.
(7) Where a decision is made by the Authority under subsection (2) or under section 20 (5) (a) to perform a particular function otherwise than through a road authority, the following provisions shall have effect
a) the Authority shall be empowered (notwithstanding any other enactment) to perform the function , including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function;"
Therefore, while the National Roads Authority is not exempt from the requirement for a felling licence under the Forestry Act, 1946, by virtue of the provisions of section 19 of the Roads Act, as amended, it is not required to obtain tree felling licences in order to perform its functions .
