Seán Sherlock
Question:379. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if felling licences have been issued to carry out recent tree felling nationally in both urban and rural areas. [10275/19]
View answerTuesday, 5 March 2019
Questions (379)
Written answers
I am aware of very recent media attention given to this matter and I’m glad to have to opportunity to clarify this issue. The Forestry Act 2014 is quite clear on the requirements to obtain a tree felling licence, prior to commencing certain tree felling operations. This is regardless of whether a tree or trees are on public or private property.
There are a number of exemptions provided for in Section 19 of the Act that mean, in specific circumstances, a tree felling licence is not required. For example, if a tree is located outside of a forest area and within an urban area (as defined by the Forestry Act 2014) then a tree felling licence is not required. Also, if the felling of a tree or trees is being carried out by a public authority in the course of their statutory functions, then a tree felling licence is not required.
There are also exemptions from the requirement to obtain a tree felling licence in rural areas. For example the removal of a tree within 10 metres of a public road and which, in the opinion of the owner (being an opinion formed on reasonable grounds), is dangerous to persons using the public road on account of its age or condition does not require a felling licence.
It is worth noting that it is the responsibility of the landowner or the person felling the tree to ensure that they are acting within the law. None of the exemptions under Section 19 of the Forestry Act 2014 serve to remove any restriction on the felling or removal of trees under (a) the Planning and Development Acts 2000 to 2013, (b) the Wildlife Acts 1976 to 2000, and in particular section 40 of the Wildlife Act 1976, or (c) any other enactment.
Tree felling that is carried out by public authorities is a matter for the attention of that authority and outside the remit of my Department. Hedges or overhanging trees between neighbouring houses is a civil matter between the house holders concerned.
At all times, I would advise any land owner, regardless of their location to satisfy themselves of the need to obtain a felling licence and where they are unsure, to seek advice from the Felling Section of Forestry Division, within my Department. I would like to remind land owners that it is a criminal offence to fell trees without a valid tree felling licence, that are not exempted from the requirement and serious financial penalties can result on conviction.
Decisions on forestry licence applications, including tree felling licences, are published three times weekly on my Department's website. Furthermore, a site notice must be erected at the location where tree felling will take place, before operations commence.