Dáil Éireann Debate, Thursday - 2 February 2012
230 Deputy John Deasy asked the Minister for Agriculture, Food and the Marine the consultation process entered into internally within his Department or externally with the public with regard to SI 151/2009 (Forestry Act 1988); the rationale behind this statutory instrument; and the reason it was deemed necessary to introduce by-laws and a permit for individuals entering Coillte property. [6148/12]
Amharc ar fhreagraThe Forestry Act 1988 (Section 37) (Coillte Teoranta) By-laws 2009 [Statutory Instrument No. 151 of 2009] was made on foot of a request from Coillte under Section 37 of the Forestry Act 1988. Coillte requested the making of the bye-laws to assist the company in controlling unauthorised activities on Coillte property, examples of which included indiscriminate illegal dumping of domestic and commercial waste, damage to security barriers and property and inappropriate operation of All Terrain Vehicles such as quad bikes and motorbike scrambling.
In relation to consultation, while Coillte consulted with the Garda Síochána on the matter, there was no formal consultation with the public as such. However, the By-Laws were introduced following several complaints from members of the public with regard to anti-social behaviour on Coillte property and in particular in areas frequented by members of the public who enjoy the amenity afforded under Coillte's Open Forest Policy.
It should be noted it has been the practice of the company and its predecessor since the 1970s to operate an Open Forest Policy, whereby the general public are permitted and welcome to use forest lands for non-commercial, informal and recreational purposes. I am advised that formal permission is not required in such cases but access is subject to visitors taking due care for their safety, having consideration for other forest users and respecting the nature of Coillte's commercial operations. In addition to activities allowed under the Open Forest policy, Coillte also permits other activities such as car rallying, pony trekking and game bird and deer shooting under licence, enabling the company to control these activities and ensure that there is no conflict between them and other forest uses. In 2004 Coillte undertook a major review of its recreation policy in consultation with stakeholders, including NGOs, Local Authorities, state agencies, etc, 170 of whom responded to an invitation to contribute to the review.
In addition to the recreational uses described, many unauthorised activities also occur on Coillte lands causing environmental damage, risk of death/injury etc., and as a result, Coillte requested the making of the by-laws to assist the company in controlling such unauthorised activities.
I am advised that the by-laws do not encroach on any existing rights and apply only to those Coillte lands (i.e. lands owned, managed or used by Coillte) on which a Notice of Application of By-Laws has been posted in a visible location where the public might reasonably gain entrance. In introducing the by-laws, Coillte identified those activities causing the company the greatest problems and have made provision for some activities to be banned, others to be restricted and still others to be undertaken only under licence. The range of activities banned, restricted or undertaken only under licence on Coillte property include unauthorised entry; consumption of alcohol; dumping; graffiti; erection of notices and posters; vehicular access and use; control of animals; public nuisance; protection of watercourses; temporary dwellings; use of firearms and the lighting of fires.
