Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Felling Licences

Dáil Éireann Debate, Tuesday - 2 April 2019

Tuesday, 2 April 2019

Ceisteanna (390)

Thomas P. Broughan

Ceist:

390. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine the legislation in place to protect trees and to cease tree felling on private lands during bird nesting periods; if the removal of trees during redevelopment requires planning permission; the steps he is taking to greatly increase tree cover in rural and urban areas; and if he will make a statement on the matter. [15277/19]

Amharc ar fhreagra

Freagraí scríofa

The Forestry Act 2014 specifies 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. My Department also published the Felling and Reforestation Policy document in May 2017 to provide a consolidated source of information on the legal and regulatory framework relating to tree felling.

Applications for felling licences may like other forestry-related operations, be subject to a screening process under the Environmental Impact Assessment and the Birds and Habitats Directives, to assess if the operations will have a significant impact on the environment and habitat. If a significant effect is likely or where uncertainty exists, the Department must request a Natura Impact Assessment from the applicant and may carry out an Appropriate Assessment to gauge the nature of the impact and the effectiveness of any mitigation measures proposed to avoid adverse effects.

Applications for felling licences are published on my Department's website which provides an opportunity for people to make a submission on the proposed felling within a 30 day period. Where a felling licence has issued, a 28 day time limit for the receipt of appeals applies in all cases. A site notice must also be displayed at the entrance to the site prior to the commencement and during the harvesting operations. All those involved in tree felling must ensure that a felling licence has been issued by my Department. It is an offence to fell trees without a licence unless an exemption applies.

There are a number of exemptions provided for in 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),

- If the felling of a tree or trees is being carried out by a public authority in the course of their statutory functions, 

- If a tree is within 10 metres of a public road and which, in the opinion of the owner 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, or (c) any other enactment.

It is an offence under the Wildlife Acts to cut or burn a hedgerow or trees in a hedgerow during the bird nesting season between the 1st of March and the 31st of August. Hedgerows and trees in a line and other landscape features are designated features and removal may require screening for the likely impact on the environment or habitat. Approval from the National Parks and Wildlife Service (NPWS) may be required if the proposed removal is in a designated European Site such as a Special Area of Conservation (SAC) or a Specially Protected Area or a Natura Heritage Area (NHA). Offenders could be prosecuted by An Garda Síochána or the National Parks and Wildlife Service and could also impact on those claiming the Basic Payment Scheme payments from the Department.

Tree felling and tree planting that is carried out by public authorities is a matter for that authority and outside the remit of my Department. However, developments requiring deforestation may require an Environmental Impact Assessment, Planning permission and a felling licence under the Planning and Development Acts 2000 to 2015. Forest owners are entitled to seek a written formal declaration under Section 5 of the Planning & Development Act 2000 (as amended) as to whether the local planning authority considers their proposed project requires planning permission.

My Department is committed to greatly increasing forest cover through the implementation of the Forestry Programme since 2015. The continued expansion of the forest estate is a priority and generous grants and 15 year premiums are available to land owners who convert to forestry. Between 2015 and 2018,  22,354 hectares of new forest has been planted by 3,504 forest owners. Total expenditure in the same period for both existing and new forest owners and for promotional and ancillary activities under the Forestry Programme amounted to €404.6 million.

Barr
Roinn