Dáil Éireann Debate, Thursday - 18 January 2024
268. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if a tree growing on private land falls onto the public road and a car collides with an already fallen tree, is the landowner or the County Council liable particularly in the case of Ash trees impacted by Ash dieback; and if he will make a statement on the matter. [2159/24]
View answer269. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if he is aware that dealing with a fallen tree following a storm can often be the most dangerous tree related operation; and if he will make a statement on the matter. [2160/24]
View answerI propose to take Questions Nos. 268 and 269 together.
Individual landowners are responsible for the care and management of trees on their land, including those adjacent to roads. In relation to roadside trees, my colleague, Eamonn Ryan, Minister for Transport has previously stated that Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with the safe use of a public road or the maintenance of a public road. He further stated that this responsibility includes the preservation, felling, cutting, lopping, trimming or removal of any such tree, shrub, hedge or other vegetation' in question. It is thus advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this.
The implementation of the legislation on the management or removal of dangerous roadside trees is the responsibility of the local authority, in its capacity as the relevant road authority. Trees outside of a forest may, subject to certain conditions, be felled without a felling licence, where it is dangerous to persons using the public road on account of its age or condition.
The responsibility for forestry policy lies with my Department under the Forestry Act 2014 and its Regulations, as amended. My Department has published guidance on the subject of roadside trees (“A Guide for Landowners to Managing Roadside Trees”) and this can be accessed at the Department website and can be found here: : gov.ie - A Guide for Landowners to Managing Roadside Trees (www.gov.ie)
