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Gnáthamharc

Thursday, 14 Oct 2021

Written Answers Nos. 210-229

Mental Health Services

Ceisteanna (210)

Catherine Murphy

Ceist:

210. Deputy Catherine Murphy asked the Minister for Health his plans to provide multi-annual funding to non-statutory mental health service providers that deliver services in line with Sharing the Vision. [50333/21]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Health Services

Ceisteanna (211, 213)

Catherine Murphy

Ceist:

211. Deputy Catherine Murphy asked the Minister for Health if he will provide additional funding for cancer services and support improvements in the wider health sector. [50334/21]

Amharc ar fhreagra

Catherine Murphy

Ceist:

213. Deputy Catherine Murphy asked the Minister for Health the amount provided to date for the implementation of the National Cancer Strategy; and the date on which it will be fully Implemented. [50336/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 211 and 213 together.

New development funding of €20m was provided for the implementation of the National Cancer Strategy this year. On top of that, additional funding of €12m was allocated in 2021 for the restoration of cancer services in the context of the Covid-19 pandemic. This funding is being used to support hospitals in addressing backlogs, extending clinic times, providing additional clinics, increasing diagnostic capacity and providing locum/temporary support.

I have now secured a further €20m in Budget 2022 to progress the delivery of the National Cancer Strategy and this will have a significant impact on access to cancer diagnostics, treatment and support to patients across their cancer journey.

Healthcare Policy

Ceisteanna (212)

Catherine Murphy

Ceist:

212. Deputy Catherine Murphy asked the Minister for Health if he will provide details of the way in which his Department is working towards reducing in-patient charges in the health system. [50335/21]

Amharc ar fhreagra

Freagraí scríofa

The Health Act 1970 (as amended) provides that all persons ordinarily resident in the country are eligible, subject to certain charges, to public in-patient hospital services including consultant services. All persons, irrespective of illness or condition, accessing public in-patient (including day case) services in a public hospital are liable for the statutory in-patient daily charge of €80 up to a maximum of €800 in any period of 12 consecutive months, subject to a number of exemptions which include;

- medical card holders;

-people receiving treatment for prescribed infectious diseases - including Coronavirus (Covid-19);

-people who are subject to 'long-stay' charges;

-children referred for treatment from child health clinics and school board examinations;

-people who are eligible for hospital services because of EU Regulations;

-women receiving maternity services;

-children up to 6 weeks of age;

-people with hepatitis C who have a Health Amendment Card;

-people who are part of the Redress Scheme for Women Resident in Certain Institutions.

As announced in Budget 2022, funding has been provided for measures to alleviate the financial burden of hospital charges incurred for children accessing care. Further details of the proposed amendments to hospital charges for children will be announced in due course.

It should be noted that patient charges are a key element of the overall funding envelope of the Irish health system and are taken into account when agreeing the Annual Estimates and the subsequent preparation of the annual National Service Plan.

Question No. 213 answered with Question No. 211.

Parking Provision

Ceisteanna (214)

Catherine Murphy

Ceist:

214. Deputy Catherine Murphy asked the Minister for Health if he will provide a schedule of the amounts directly collected by all HSE hospitals and primary care centres in respect of car parking charges for visitors and patients in 2019, 2020 and to date in 2021; if he will also provide the amounts collected by contracted companies to run and manage car parking facilities at HSE hospitals and primary care centres for the same time period; and if he will provide the dividend received by the HSE from private car parking management companies in respect of car parking at HSE sites in 2019, 2020 and to date in 2021. [50337/21]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Health Services

Ceisteanna (215)

Paul Kehoe

Ceist:

215. Deputy Paul Kehoe asked the Minister for Health if he has plans to introduce a multi-annual funding structure to support motor neurone disease nurses in the community; and if he will make a statement on the matter. [50339/21]

Amharc ar fhreagra

Freagraí scríofa

As the issue raised is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Hospital Staff

Ceisteanna (216)

Willie O'Dea

Ceist:

216. Deputy Willie O'Dea asked the Minister for Health when a specialist diabetic nurse will be appointed to St. John’s Hospital, Limerick; and if he will make a statement on the matter. [50356/21]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Horticulture Sector

Ceisteanna (217)

Brendan Griffin

Ceist:

217. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding importing peat and timber; and if he will make a statement on the matter. [50186/21]

Amharc ar fhreagra

Freagraí scríofa

Minister Malcolm Noonan T.D., Minister for Heritage and Electoral Reform in the Department of Housing, Local Government and Heritage, established a working group, which includes a representative from my Department, to address the key issues raised in a Report on the Review of the use of Peat Moss in the Horticultural Industry. A final report from this working group is expected at the end of October.

I am well aware of the issues in relation to the licensing of peat abstraction which are generating challenges (volume and price) for the horticulture sector. Peat extraction is subject to a planning process under the remit of the Department of Housing, Local Government and Heritage and an Integrated Pollution Control (IPC) license process under the remit of the Department of Communications, Climate Action and Environment. As such, my Department has no involvement in its regulation.

The Department is actively looking at alternatives to peat and has funded two research projects to date. Furthermore, the Department’s Research Call for 2021 included a call for further research on alternatives to peat based growing media for horticultural production.

Given the Department’s areas of responsibility and recognising the importance of the horticulture sector to the economy, DAFM continues to provide sustained and significant support to the sector through the Scheme of Investment Aid for the Development of the Horticulture Sector.

Additionally, fruit and vegetable growers who are members of recognised Producer Organisations (POs) can access EU funding up to 50% of the eligible costs of approved Operational Programmes through the EU’s PO scheme.

My colleague Minister of State Pippa Hackett, who has responsibility for the sector, and I continue to engage directly with the timber sector on the challenges they are currently facing.

Irish wood processors have imported roundwood from Scotland for a long number of years. This is the only area from which roundwood with bark may be imported into Ireland as it is officially recognised as a Pest Free Area (PFA) for harmful bark beetles. Imports must be accompanied by an Official Statement to attest to the origin of the roundwood and are subject to inspection.

The volume of imports from the PFA have increased in 2020 and 2021 as sawmills and processors have become more reliant on this as a source of raw material due to an increase in global demand for timber and delays in licencing timber for felling domestically.

However, in recent months significant improvements have been made in the issuing of licences for felling and forest roads with the timber volume licensed to date in 2021 almost 1 million cubic metres ahead of the total for 2020, and an equivalent year on year increase in forest road approvals. It is anticipated that this will have an impact on the volume of timber available domestically thus reducing the reliance on imported roundwood.

Horse Racing Industry

Ceisteanna (218)

Michael Healy-Rae

Ceist:

218. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding funding allocated to Horse Racing Ireland; and if he will make a statement on the matter. [50192/21]

Amharc ar fhreagra

Freagraí scríofa

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry.

The question raised by the Deputy is an operational matter for HRI and I have requested my officials to refer the question to them for direct reply.

Veterinary Services

Ceisteanna (219)

Bernard Durkan

Ceist:

219. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which DVO and RVO staff at Naas, County Kildare have been augmented in line with demand; and if he will make a statement on the matter. [50200/21]

Amharc ar fhreagra

Freagraí scríofa

My Department is committed to ensuring that a skilled and motivated workforce is in place to meet its priority business needs and utilises workforce planning to identify and address these needs for all our locations.

My Department’s office in Naas, Co. Kildare currently has a total of 47 staff assigned to it. This compares to 44 last year. The Department is increasing resources in the Naas Regional Veterinary Office (RVO) in line with increasing demands. There are currently four vacancies being addressed to supplement existing staff numbers in the context of the expected increase in workload arising from the potential demand for equine certification in the context of Brexit, as well as the further roll-out of the badger vaccination programme.

Recruitment is ongoing in my Department, and posts continue to be advertised by either the Public Appointments Service (PAS) or by my Department's Human Resources Division to actively address these, taking into account the balance of needs and resources across the Department.

New recruitment campaigns for veterinary and technical staff are underway to address future requirements and these campaigns will address the remaining vacancies in Naas for two veterinary inspectors and two technical agricultural officers.

Agriculture Schemes

Ceisteanna (220)

Michael Healy-Rae

Ceist:

220. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if an ANC penalty will be examined in the case of a person (details supplied); and if he will make a statement on the matter. [50203/21]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted an application for participation in both the Basic Payment Scheme (BPS) and the Areas of Natural Constraints (ANC) Scheme on 12th March 2021.

In order to qualify for payment under both the BPS and the ANC Schemes, the land claimed must satisfy the eligibility requirements as set out in the terms and conditions of both schemes.

As set out in these terms and conditions, where land has been burned between the period of 1st March and 31st August of any given year it is not eligible for payment.

Where such land is claimed, it is considered an overclaim and, as such, a penalty/reduction may apply. In each case, where a penalty/reduction applied, the applicant has a right of review and appeal.

In the case of the person named, the Department has determined that an area claimed by them was burned during the period in question and is therefore not eligible for payment in the 2021 scheme year. In line with the terms and conditions of the scheme, a penalty has been applied as a result.

A letter informing the person named of the determination of the Department issued on 17th August 2021 and also informed him of his right of appeal and the relevant steps to take to seek a review.

The Department has received an appeal from the person named and this appeal, along with the supporting documentation provided, is currently being reviewed by the Department.

A decision letter will issue to the person named on completion of the review, advising him of the outcome of the review and his right to appeal the decision to the Agriculture Appeals Office if he is not satisfied with the outcome of the review.

Agriculture Schemes

Ceisteanna (221)

Michael Healy-Rae

Ceist:

221. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an ANC payment in the case of a person (details supplied); and if he will make a statement on the matter. [50205/21]

Amharc ar fhreagra

Freagraí scríofa

An application to participate in the 2021 Areas of Natural Constraints (ANC) scheme was received from the person named on 21st April 2021. The advance payment for the 2021 ANC scheme has issued to the person named and will be lodged to his nominated bank account shortly.

Agriculture Industry

Ceisteanna (222)

Michael Healy-Rae

Ceist:

222. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will extend the current slurry-spreading season; and if he will make a statement on the matter. [50218/21]

Amharc ar fhreagra

Freagraí scríofa

The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017 (S.I. 605 of 2017) give legal effect in Ireland to the Nitrates Directive and to our Nitrates Action Programme (NAP). The Department of Housing, Local Government & Heritage is the lead Department in this regard.

The Directive requires all Member States to define set periods when the land application of fertiliser is not allowed. This is referred to as the closed period. The Regulations do not provide for any extension to the closed period.

Research from the Agricultural Catchment Programme shows that nutrient loss is twice as likely during the closed period as at any other time of the year, thus having an adverse effect on water quality. Nutrients running off farmland into water and groundwater is one of the principal risks to Ireland’s water quality.

There are currently no plans to extend the slurry spreading season.

Horticulture Sector

Ceisteanna (223)

Robert Troy

Ceist:

223. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine the status of the findings of the working group established by his Department to look into the peat supply issue to the horticultural sector in the wake of the peat harvesting cessation on Bord na Móna bogs; and the way in which he plans to deal with this issue in the short-term to protect those involved in the horticultural trade. [50230/21]

Amharc ar fhreagra

Freagraí scríofa

Malcolm Noonan T.D., Minister for Heritage and Electoral Reform in the Department of Housing, Local Government and Heritage, established a working group, which includes a representative from my Department, to address the key issues raised in a Report on the Review of the use of Peat Moss in the Horticultural Industry. A final report from this working group is expected at the end of October.

I am well aware of the issues in relation to the licensing of peat abstraction which are generating challenges (volume and price) for the horticulture sector. Peat extraction is subject to a planning process under the remit of the Department of Housing, Local Government and Heritage and an Integrated Pollution Control (IPC) license process under the remit of the Department of Communications, Climate Action and Environment. As such, my Department has no involvement in its regulation.

The Department is actively looking at alternatives to peat and has funded two research projects to date. Furthermore, the Department’s Research Call for 2021 included a call for further research on alternatives to peat based growing media for horticultural production.

Given the Department’s areas of responsibility and recognising the importance of the horticulture sector to the economy, DAFM continues to provide sustained and significant support to the sector through the Scheme of Investment Aid for the Development of the Horticulture Sector.

Additionally, fruit and vegetable growers who are members of recognised Producer Organisations (POs) can access EU funding up to 50% of the eligible costs of approved Operational Programmes through the EU’s PO scheme.

My colleague Minister of State Pippa Hackett, who has responsibility for the sector, and I continue to engage directly with the sector on the challenges they are currently facing.

Forestry Sector

Ceisteanna (224)

Paul Kehoe

Ceist:

224. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 468 of 7 October 2021, if his Department is unable to fulfil the needs of the forestry sector, not only in terms of licensing but other essential needs such as frost recon; and if he will make a statement on the matter. [50264/21]

Amharc ar fhreagra

Freagraí scríofa

Further to Parliamentary Question No. 468 of 7th October, 2021, I would like to reiterate that the Department is continuing to consider the case for a Frost Reconstitution Scheme. It is important to note that provision is made for an additional tolerance in the case of frost damage, in terms of payment applications, which was communicated to the sector by way of Circular 9 of 2020, Inspection Standards for Grant-Aided Plantations Affected by Frost.

I am very aware of the obligations that the Department has towards applicants and the forestry industry, but also to ensure that systems and processes are compliant with legal framework. In respect of licensing, outputs have increased. In September, 585 licences issued, the highest in any month since April 2019. We have now issued more licences year to date than the whole of 2020. We are not there yet but we are making significant progress.

The Department is currently examining every afforestation application in the system and has deployed 10 ecologists to deal specifically with afforestation.

Common Agricultural Policy

Ceisteanna (225)

Paul Kehoe

Ceist:

225. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 393 of 30 September 2021, if he regards the integration between CAP and afforestation as being satisfactory during the current CAP; and if he will make a statement on the matter. [50265/21]

Amharc ar fhreagra

Freagraí scríofa

Due to the long-term nature of forestry, it is considered that the best option is to continue to deliver the successor to the current Forestry Programme 2014-2020 (extended to end 2022) entirely separately from the CAP Strategic Plan (CSP) and subject to new State aid rules rather than the requirements of the CSP Regulations.

The links between these two significant programmes of CAP and Forestry are of course well understood and it is a stated priority in the Programme for Government that they be better integrated. To achieve this, we are proposing a series of tree-planting measures under the new CAP schemes.

Various stakeholder organisations, representing the different interest groups, are participating in both the CAP Consultative Committee and the Forestry Policy Group to enhance coherence between both areas. In addition, Department officials have held a number of bilateral meetings with forestry sector representatives to discuss proposed CAP measures including the COFORD Council just last week.

The planting of trees has the potential to play a significant part in our environmental priorities especially water quality, biodiversity and climate. I remain committed to integration between the new Forest Strategy and the next CSP to ensure that measures in both will complement each other and lead to increased levels of tree planting.

Forestry Sector

Ceisteanna (226, 227)

Paul Kehoe

Ceist:

226. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 392 of 3 September 2021, his views on whether there are forestry profession skills such as species selection, establishment practices, ongoing management and other specific operations particular to the growing of trees that should be inherent in any schemes run and administered by his Department to ensure optimum success, such schemes to include any new eco or environment schemes in the next CAP; and if he will make a statement on the matter. [50266/21]

Amharc ar fhreagra

Paul Kehoe

Ceist:

227. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 392 of 30 September 2021, his views on whether it is appropriate for unqualified persons in the forestry profession to advise farmers or other land-owners on forestry or tree related issues in schemes administered and run by his Department, such schemes to include new agri-environmental or eco schemes in the next CAP; and if he will make a statement on the matter. [50267/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 226 and 227 together.

All applications for the planting of forests and for support schemes such as Native Woodland Conservation Scheme under the National Forestry Programme must be submitted by a registered forester. The Department compiles a list of Registered Foresters once they meet the criteria for registration, which is to hold at a minimum, an ordinary bachelor’s degree in forestry, (National Framework of Qualifications Level 7). It is envisaged that the same condition would apply to schemes under the successor to the current Forestry Programme (extended to end 2022) which will be delivered entirely separately from the CAP Strategic Plan.

Under the Forestry Act 2014, a forest is defined as an area of at least 0.1 hectare in size and a tree crown cover of more than 20% of the total area, or the potential to achieve this cover at maturity.

In terms of Eco-Schemes, these are being proposed for the first time as part of the next Common Agricultural Policy (CAP) and will be funded from within Pillar 1 of the CAP budget. Eco-schemes are mandatory for Member States but voluntary for farmers. From January 2023 onwards, for the duration of the next CAP, the Eco-Scheme will be implemented annually in Ireland, with active farmers having the opportunity to opt in or out on an annual basis. The purpose of this scheme is to provide additional direct income support to farmers for undertaking agricultural practices beneficial to the climate, environment and biodiversity. Farmers will be able to apply for the Eco-Scheme at the same time as their BISS application and it will not be mandatory for a farmer to engage an appropriately trained agricultural advisor to either apply for or comply with the Eco scheme.

Farmers can, of course, avail of the services of appropriately trained agricultural advisors or foresters in applying for or complying with the requirements of the Eco-scheme if they so wish.

With regard to the new multi-annual Agri-Environment Scheme which will also be included under Ireland’s CAP Strategic Plan, it is proposed that under this scheme farmers will have the option to plant trees and/or hedges. It is proposed that it will be mandatory for applicants to avail of the services of appropriately trained agricultural advisors in applying for and complying with the requirements of this scheme. It will also be open to scheme applicants to avail of additional professional services if they wish to do so.

Question No. 227 answered with Question No. 226.

Forestry Sector

Ceisteanna (228)

Jackie Cahill

Ceist:

228. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine further to the most recent Joint Oireachtas Committee on Agriculture, if the Secretary General of his Department followed through on their commitment to discuss the issue of the requirement for planning permission on dead and dying ash crops as outlined in circular 5/2021 with their counterpart in the Department of Housing, Local Government and Heritage specifically as to whether the Act took into consideration the fact that many ash crops are either dead, dying or rotting; and if he will make a statement on the matter. [50270/21]

Amharc ar fhreagra

Freagraí scríofa

Currently planning permission from the relevant Local Authority is required in many cases when 'replacing broadleaf high forest with conifer species'. This has introduced further difficulties for landowners wishing to clear their diseased ash plantations and replace them with other species.

Contact has been made between Department officials and their counterparts in Department of Housing Local Government and Heritage on this issue as outlined at the meeting with the Oireachtas Committee. We are exploring potential alternatives to the current system that requires both planning permission and a felling licence (or exemption from a felling licence).

My Department will update in due course on developments.

Forestry Sector

Ceisteanna (229)

Jackie Cahill

Ceist:

229. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if a dead tree or dead trees in either a farm or forest situation requires a tree felling licence, specifically in the case of the ash species; and if he will make a statement on the matter. [50271/21]

Amharc ar fhreagra

Freagraí scríofa

To fell a tree or trees without a valid tree felling licence, unless exempted, is an offence under the Forestry Act 2014. S.19 of the Act provides for exemptions whereby a tree felling licence may not be required. Tree felling carried out under the Reconstitution and Underplanting Scheme (RUS – Ash Dieback) does not require a tree felling licence.

The following are common scenarios where trees can be felled without the need to submit a felling licence application:

- A tree in an urban area.

- A tree within 30 metres of a building (other than a wall or temporary structure), but excluding any building built after the trees were planted.

- A tree less than five years of age that came about through natural regeneration and removed from a field as part of the normal maintenance of agricultural land (but not where the tree is standing in a hedgerow).

- A tree uprooted in a nursery for the purpose of transplantation.

- A tree of the willow or poplar species planted and maintained solely for fuel under a short rotation coppice.

- A tree outside a forest 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 person using the public road on account of its age or condition.

- A tree outside a forest, the removal of which is specified in a grant of planning permission.

- A tree outside a forest of the hawthorn or blackthorn species.

- A tree outside a forest in a hedgerow and felled for the purposes of its trimming provided that the tree does not exceed 20 cm in diameter when measured 1.3 metres from the ground.

- A tree outside a forest on an agricultural holding and removed by the owner for use on that holding, subject to certain conditions as outlined in the Forestry Act 2014

My colleague Minister of State Senator Pippa Hackett, who has overall responsibility for the sector, recently launched a Guide for Landowners to Managing Roadside Trees. This informative Guide provides basic information on the benefits of such trees along with guidance on how to assess risk associated with roadside trees.

Supplementary Material

Section 19 of the Forestry Act, 2014

Exempted trees

19. (1) A tree—

(a) in an urban area,

(b) within 30 metres of a building (other than a wall or temporary structure), but excluding any building built after the trees were planted,

(c) that is, in the opinion of the Minister, required to be removed—

(i) to control or prevent the spread of fire or a pest or disease,

(ii) to protect the integrity of the forest gene pool,

(iii) for forest survey purposes, or

(iv) to mitigate a threat to a habitat or other important environmental resource,

(d) that is, in the opinion of the Minister, planted and managed solely for its foliage or for decorative purposes, such as Christmas trees,

(e) removed by a public authority in the performance of its statutory functions,

(f) that is, in the opinion of the planning authority, dangerous on account of its age, condition or location,

(g) that is, in the opinion of the emergency services, required to be removed, including in the aftermath of an accident,

(h) less than 5 years of age that came about through natural regeneration and removed from a field as part of the normal maintenance of agricultural land (but not where the tree is standing in a hedgerow),

(i) uprooted in a nursery for the purpose of transplantation,

(j) of the willow or poplar species planted and maintained solely for fuel under a short rotation coppice,

(k) removed by or with the permission of the Minister or Teagasc, as part of a demonstration or for scientific purposes,

(l) on land held or managed by the Minister for the Arts, Heritage and the Gaeltacht for the purposes of the Wildlife Acts 1976 to 2012 and felled, uprooted or removed on his or her behalf,

(m) outside a forest—

(i) 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,

(ii) the removal of which is specified in a grant of planning permission,

(iii) on an agricultural holding and removed by the owner for use on that holding, provided—

(I) it does not form part of a decorative avenue or ring of trees,

(II) its volume does not exceed 3 cubic metres, and

(III) the removal of it, by the owner for the foregoing purpose, when taken together with the removal of other such trees by the owner for that purpose, would not result in the total volume of trees, on that holding and removed by the owner for that purpose, exceeding 15 cubic metres in any period of 12 months,

(iv) of the hawthorn or blackthorn species, or

(v) in a hedgerow and felled for the purposes of its trimming, provided that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the ground,

(n) in a burial ground maintained by a burial board or joint burial board under the Local Government (Sanitary Services) Acts 1878 to 2001 or the Local Government Acts 1925 to 2012, or

(o) of the apple, pear, plum or damson species, shall be an exempted tree.

(2) A tree—

(a) within the curtilage or attendant grounds of a protected structure under Chapter 1 of Part IV of the Act of 2000,

(b) within an area subject to a special amenity area order,

(c) within a landscape conservation area under section 204 of the Act of 2000,

(d) within—

(i) a monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994,

(ii) a historic monument or archaeological area entered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act 1987, or

(iii) a national monument in the ownership or guardianship of the Minister for the Arts, Heritage and the Gaeltacht under the National Monuments Acts 1930 to 1994,

(e) within a European Site or a natural heritage area within the meaning of Regulation 2(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), or

(f) which is more than 150 years old, shall not be an exempted tree, unless it is a tree to which—

(i) any of paragraphs (a) to (l), or paragraph (n), of subsection (1) , or

(ii) subparagraph (i), (ii), (iv) or (v) of subsection (1)(m) , applies.

(3) Nothing in this section shall be construed as removing 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.

(4) In this section—

“public authority” does not include Coillte Teoranta;

“urban area” means any area that the Minister prescribes for the purposes of this section and an area that comprised a town or borough under the Local Government

Act 2001 before the amendment of that Act by the Local Government Reform Act 2014 may, without prejudice to the Minister’s power to prescribe an area comprising a

similar or greater conurbation for those purposes, be prescribed for the purposes of this definition.

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