Cavan): When we adjourned the last day we had reached this section. Indeed, we gave it a fairly good airing. But, as an aid to the Committee I would like again to summarise what the section provides for.
By applying the existing provisions of the Forestry Act, 1946 it will, first of all, enable the Minister to acquire, on a voluntary basis, lands or rights over land not only for forestry purposes but also for wildlife conservation purposes. Secondly, it will enable the Minister to let, sell or exchange land acquired by him either for forestry or conservation purposes, a power he already possesses for forestry land under the 1946 Act. Thirdly, it will enable the Minister, in the event of his failing to acquire by agreement a much needed right of way to land held by him, either for forestry or conservation purposes, to apply to the Lay Commissioners for an order creating the right of way over a fixed or defined route. Here also the Minister already has that power in regard to forestry lands under the 1946 Act.
I might add that the very elaborate machinery of section 21 of the 1946 Act will apply in relation to such matters as the serving and publication of notices, the fixing of compensation and an appeal to the Appeal Tribunal. In applying to the Lay Commissioners for an order the Minister may—if such a course should be necessary—request that the right of way should be so expressed as to enable him to permit public use of the right of way. That is what is proposed in subsection (2). Again I stress the word " permit " to allay any fears, as expressed at the last meeting of this Committee, that the general public would have an absolute right to use the Minister's right of way. They could do so only with his express permission which could be withdrawn at any time.
In essence what we are saying is this: if the Minister wants a right of way of the traditional all-purpose variety for himself, his agents and licencees, he would follow the procedure in section 60, as dealt with last week. However, if there is any question of the right of way being used by the public the Minister would have to proceed under section 63 (2) and, in doing so, would have to declare his hand in making an application to the Lay Commissioners. Deputies will see that section 63 (2) is entirely concerned with a permission procedure rather than a licensing one. That is quite deliberate. The permission will be within the Minister's power to operate or, indeed, to withdraw. The subsection is drafted basically against a promise that to give the general public a licence would be unreasonable.
Fourthly, the section will extend the Minister's existing powers under the 1946 Act to acquire land compulsorily for forestry purposes to land required by him for wildlife conservation or forestry purposes. I stress here that, as in the case of the Forestry Act, 1946, where such powers have been seldom if ever invoked, I would see little use for them in the context of conservation. However, as the Minister will have prime responsibility for wildlife conservation it would be unwise for him not to have such powers to meet the very rare occasion where an area of unique wildlife value could be lost for ever simply because it could not be acquired by agreement. I should add that the elaborate procedure of the Forestry Act, 1946 will also apply here as regard publication of notices, compensation and appeal to the Appeal Tirbunal.
Finally, the section re-defines " vermin " as being those birds and animals which are not protected under the Bill.
