A Review of Legislation that Impacts on Irish Forestry · 1. INTRODUCTION Since the formation of the State, forestry and ancillary matters have been directly regulated at different

A Review of Legislation thatImpacts on Irish Forestry

Barbara Maguire

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COFORD, National Council for Forest Research and DevelopmentAgriculture BuildingUniversity College DublinBelfield, Dublin 4IrelandTel: + 353 1 7167700Fax: + 353 1 7161180© COFORD 2001

First published in 2001 by COFORD, National Council for Forest Research and Development, UniversityCollege Dublin, Belfield, Dublin 4, Ireland.

All rights reserved. No part of this publication may be reproduced, or stored in a retrieval system ortransmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying,recording or otherwise, without prior permission in writing from COFORD.

ISBN 1 902696 20 4

Title: A Review of Legislation that Impacts on Irish Forestry

Author: Barbara Maguire

Citation: Maguire, B. 2001. A Review of Legislation that Impacts on Irish Forestry. COFORD, Dublin.

The views and opinions expressed in this publication belong to the author alone and do not necessarilyreflect those of COFORD.

Production: Magner Communications

TABLE OF CONTENTS

FOREWORD VI

1. INTRODUCTION 11.1 The Forestry Act, 1928 11.2 The Forestry Act, 1946 11.3 The Forestry Act, 1956 21.4 The Forestry Act, 1988 21.5 Other Legislation 2

2. ACQUISITION OF LAND FOR FORESTRY 42.1 Introduction 42.2 Initial Afforestation 42.3 The Forestry Acts 42.3.1 The Forestry Act, 1919 42.3.2 The Forestry Act, 1928 52.3.3 The Forestry Act, 1946 52.3.4 The Forestry Act, 1956 62.3.5 The Forestry Act, 1988 62.4 Other Legislation 62.4.1 The Wildlife Act, 1976 62.4.2 The Wildlife (Amendment) Act, 2000 72.4.3 National Monuments Acts, 1930 To 1994 72.4.4 The Roads Act, 1993 7

3. FOREST RESEARCH, DEVELOPMENT, ADVISORY, TRAINING AND EDUCATION 83.1 Introduction 83.2 The Forestry Act, 1919 83.3 The Forestry Act, 1928 83.4 The Forestry Act, 1946 83.5 The Forestry Act, 1988 93.6 Other Legislation 9

4. FLORA AND FAUNA 114.1 Introduction 114.2 The Forestry Acts 114.3 Other Legislation 114.3.1 The Game Preservation Act, 1930 114.3.2 The Wildlife Act, 1976 114.3.3 European Communities (Natural Habitats) Regulations, 1997 124.3.4 European Communities (Conservation Of Wild Birds) Regulations, 1985 To 1999 134.3.5 European Communities (Forest Reproductive Material) Regulations, 1973 And 1982 134.3.6 European Communities (Introduction Of Organisms Harmful To Plants Or Plant

Products) (Prohibition) Regulations, 1980 To 1998 134.3.7 The Wildlife (Amendment) Act, 2000 14

9. CONCLUSIONS AND RECOMMENDATIONS 389.1 Provisions Which Appear Adequate For The Regulation Of Forestry Activities 389.2 Provisions Of The Forestry Acts Which Appear To Be Redundant 389.3 Provisions Of The Forestry Acts Which Need Updating 389.4 Suggestions For Items Which Might Be Included In A New Forestry Act 38

REFERENCES 39

APPENDIX I - LEGISLATION CONSULTED 40

APPENDIX II - PERSONAL COMMUNICATIONS 42

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5. FELLING LICENCES 155.1 Introduction 155.2 The Forestry Act, 1928 155.3 The Forestry Act, 1946 165.4 Roads Act, 1933 165.5 Felling Licences And Collection Of Statistics 17

6. PLANNING 186.1 Introduction 186.2 The Forestry Acts, 1919 To 1988 186.3 Town And Regional Planning Acts, 1934 And 1939 186.4 Local Government (Planning And Development) Acts, 1963 To 1999 196.4.1 Permission To Develop 196.4.2 Designations Under The Local Government (Planning And Development) Acts 206.5 Local Government (Planning And Development) Regulations, 1994 To 1996 216.6 Environmental Protection Agency Act, 1992 226.7 Planning And Development Act, 2000 236.7.1 Permission To Develop 236.7.2 Designations Under The Planning And Development Act, 2000 23

7. MISCELLANEOUS 247.1 Local Government (Water Pollution) Acts, 1977 And 1990 247.2 Safety, Health And Welfare At Work Act, 1989 247.3 Occupiers Liability Act, 1995 257.4 Roads Act, 1993 277.5 Legislation Regulating Haulage 277.5.1 European Community (Vehicle Testing) Regulations, 1991. 277.5.2 Road Traffic (Construction, Equipment And Use Of Vehicles) Regulations, 1963 To 2000287.6 Non-Binding Policy And Guidelines 287.6.1 Irish National Forest Standard 287.6.2 Code Of Best Forest Practice – Ireland 287.6.3 Forestry And Environment Guidelines 287.6.4 Safety In Forestry Operations 28

8. DISCUSSION 298.1 Introduction 298.2 Acquisition Of Land 298.2.1 The Present Situation 308.3 Forest Research, Development, Advisory, Training And Education 318.3.1 The Present Situation 328.4 Flora And Fauna 328.4.1 Fauna 328.4.2 Flora 338.4.3 The Present Situation 348.5 Felling Licences 348.5.1 The Present Situation 348.6 Planning 358.6.1 The Present Situation 378.7 Grants And Premiums 37

1. INTRODUCTION

Since the formation of the State, forestry andancillary matters have been directly regulated atdifferent times by the Forestry Acts, 1919, 1928,1946, 1956 and 1988. The Forestry Act, 1919,established a Forestry Commission in GreatBritain, at that time operating in the UnitedKingdom of Great Britain and Ireland, and set outthe powers and duties of the Commissioners.

The Commissioners were entrusted with thepromotion of afforestation and empowered to:• acquire land by agreement or compulsorily;• utilise and manage land for purposes connected

with forestry;• make advances by way of grant or loan in

respect of afforestation of land not their property;

• establish or aid in the establishment of woodland industries;

• authorise entry on land adjoining forest land for the purposes of controlling pests or vermin; and

• provide for the compulsory provision of facilities for the haulage of timber from or to any road.

With the establishment of Saorstát Éireann, thesefunctions were vested in the Minister forAgriculture and Technical Instruction.

1.1 The Forestry Act, 1928

The Forestry Act, 1928, extended the powers ofthe Minister for Agriculture, who was at that timecharged with the administration of the forestryservice, by empowering him/her to requiresawmillers and timber exporters to furnishinformation to him/her in relation to the timberhandled by them. It also amended provisions ofthe Forestry Act, 1919, in relation to thecompulsory acquisition of land, principally with aview to bringing these provisions into alignmentwith the Land Purchase Code. The Act of 1928also empowered the Minister to control, byprohibition and licence, the felling of trees and theplanting of other trees in lieu. The provisions forforest protection were expanded to includesafeguards against damage by fire arising onadjoining areas.


The Forestry Act, 1946, replaced the two earlierActs which it repealed. It did not, in any majorsense, introduce any new principles or confer newpowers. Its purposes were to provide betterlegislation for the compulsory acquisition of landfor forestry, to rectify flaws in the 1928 Actrelating to the felling of trees on private lands, toprovide additional powers to the Minister (forLands), to extinguish rights on State forestry land,to create rights of way necessary for the workingof forests and to prevent damage to trees byhazards (pests, fires, etc.) originating on adjoiningland.

Part 2 of the Forestry Act, 1946, is entitledPromotion of Interests of Forestry andDevelopment of Afforestation, and Production andSupply of Timber. It sets out the general powersof the Minister under this Act, which may bebriefly listed as follows:

1) the acquisition of land or rights over land for the purposes of forestry development;

2) to plant or alternatively use any land acquired by him/her under the Forestry (Redistribution of Public Services) Order, 1933, or the Forestry Acts, 1919, 1928 or 1946, or erect buildings or carry out such work on it as deemed necessary;

3) sell or let out any such land and pay or receive money for equality of exchange or grant rights on, or over, such land;

4) purchase, let or sell any buildings required by him/her for the purposes of this Act;

5) purchase or sell timber belonging to him/her or a private owner by agreement;

6) generally promote the supply, sale andutilisation and conversion of timber;

7) issue grants and loans for afforestation and reforestation;

8) undertake the planting, development, utilisation, supervision of, or give advice on, the planting or management of any woods;

9) establish or aid in the establishment or carrying on of woodland industries;

10) collect, publish and distribute statistics relating to forestry;

11) promote forestry education and training by establishing and aiding educationalinstitutions;

12) make or aid in the making of inquiries, experiments and research, for the promotion of forestry and distribute results;

13) increase public interest in forestry andwoodland industries;

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FOREWORD

The body of national legislation and EC Directives that impact on forestry has greatly increased in latteryears. Growers and foresters are faced with an ever increasing ‘rule book’ of do’s and don’ts when they areestablishing a forest or simply carrying out forest operations such as thinning and harvesting. At times thesheer volume of legislation and regulation can seem daunting, especially to those who are new to theforestry scene.

This COFORD publication is the first comprehensive treatment of legislation and regulations that pertainsto forestry in Ireland. The work was carried out at the Department of Crop Science, Horticulture andForestry, in conjunction with the development of the National Forest Standard. It sets out in a logicalmanner the many pieces of legislation and associated regulations that now impact on forestry in Ireland.Starting from land acquisition for forestry it deals with all of the important issues from R&D, advisory andtraining, flora and fauna through to felling licences and planning. Each area of legislation is thoroughlydiscussed and new directions in the legislative corpus are also suggested.

I have no doubt that this publication will be of use to a wide spectrum of interests, not alone to foresters butto policy makers, planners and others who are involved with forestry in Ireland.

David Nevins Chairman

November 2001

14) secure an adequate supply of timber in the state and promote the sale, utilisation and conversion of timber.


The Forestry Act, 1956, was an amending Act,which clarified parts of the 1946 Act dealing withland acquisition. It provided for the payment ofcompensation in the case of compulsoryacquisition and gave the Minister (for Lands)powers to make regulations concerning theacquisition of commonages and the provision ofrights of way.


Although the Act of 1988 did contain someamendments of provisions of the Forestry Act,1946, these related largely to penalties applicablefor breach of certain provisions of the Act. Themain provisions of the 1988 Act provided for theestablishment of a company (Coillte Teoranta) andfor the assignment to that company of certainfunctions heretofore exercised by the Minister forEnergy. As set out in this Act the principalforestry related objects of the company were: • to carry out the business of forestry and related

activities on a commercial basis and in accordance with efficient silvicultural practices;

• to establish and carry on woodland industries; and

• to utilise and manage the resources available to it in a manner consistent with the above objectives.

In meeting these objects the company was to havepower “to do anything which appears to it tofacilitate, either directly or indirectly, theperformance by it of its functions…and is notinconsistent with any law for the time being inforce” (Section 12(3) Forestry Act, 1988).However, in meeting its objectives the companywas charged with the general duty (amongstothers), to provide for consultation with theMinister for Finance concerning forestrydevelopment in areas of scientific interest.Furthermore, the Minister (with responsibility forforestry) was authorised, with the consent of theMinister for Finance, to issue directions in writingto the company requiring the company to complywith policy decisions of a general kind made bythe Government concerning the development of

forestry and related activities. In addition CoillteTeoranta was charged under the Act “… toconduct its business at all times in a cost effectiveand efficient manner…” but “with due regard tothe environment and amenity consequences of itsoperations…” (Section 13(1) Forestry Act, 1988).

1.5 Other legislation

Since the 1988 Act no new legislation has beenenacted which relates directly to forestry but aseries of new policy instruments have been put inplace, primarily addressing forestry relatedresearch, environmental issues and sustainableforest management. The more important of theseinclude:• The Irish National Forest Standard;• The Code of Best Forest Practice – Ireland;• Forestry and Archaeology Guidelines;• Forestry and Water Quality Guidelines;• Forest Harvesting and the Environment

Guidelines;• Forest Biodiversity Guidelines;• Forestry and the Landscape Guidelines.

Other national legislation, which impinges onforestry in this State, is shown in Table 1. Muchof this relates in some way to the interaction offorestry and the environment, and includesarchaeological interests and road haulage.

Similarly, most of the EU legislation (Table 2)addresses both national and transboundary issuesas they relate to forestry development andmanagement.

This report sets out to interpret this legislationwith a view to determining the shortfalls of forestlegislation in force in this country at present andidentifying key issues that will have to beaddressed by legislators in the future.

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LegislationWildlife Acts, 1976 and 1999

Local Government (Planning and Development)

Acts, 1963 to 1999

Planning and Development Act, 2000

National Monuments Acts, 1930 to 1994

Occupiers Liability Act, 1995

Safety Health and Welfare at Work Act, 1989

Environmental Protection Agency Act, 1992

Local Government (Water Pollution) Acts, 1977 to

1990

Waste Management Act, 1996

Litter pollution Act, 1997

Roads Act, 1993

Road Transport Acts, 1932 to 1999

TABLE 1: NATIONAL LEGISLATION IMPINGING ON FORESTRY IN THE STATE.

Potential ImpactFlora, fauna, environment and forest

management

Control of development and forest management

Control of development and forest management

Forest management

Forest management

Forest management both in forest and in office

Forest management and environment




Haulage

Haulage

LegislationCouncil Directive (92/43/EEC) and amending

directives on the conservation of natural habitats of

wild fauna and flora

Council Directive (79/409/EEC) and amending

directives on the conservation of wild birds

Council Directive (2000/60/EC) establishing a

framework for community action in the field of water

policy

Council Directive (2000/29/EC) on protective

measures against the introduction into the Member

States of harmful organisms of plants or plant

products and against their spread within the

Community

Council Directive (1999/105/EC) on the marketing

of forest reproductive material

Council Directive (85/337/EEC) and amending

directives on the assessment of the effects of certain

public and private projects on the environment

Council Regulation (EEC3528/86) on the protection

of forests against atmospheric pollution

TABLE 2: EU LEGISLATION IMPINGING ON FORESTRY IN THE STATE.

Potential ImpactFlora and fauna and forest management

Wild birds and forest management

Forest management and the environment

Forest protection

Tree improvement and forest protection

Control of development

Environment

2. ACQUISITION OF LAND FORFORESTRY

2.1 Introduction

Estate forestry in the nineteenth century, althoughmodest in scale, was of great importance inproviding the beginning of a forestry culture inIreland and in endowing the country with a fewwoodlands, which today are of greatenvironmental significance. However most ofthese estate forests did not survive the transfer ofland from landlord to tenant. The new landownersdid not have the resources to practice effectiveforestry and it was left to the State to take the leadin restoring forestry as a land use.

2.2 Initial afforestation

There were two reasons for State intervention inthe afforestation of the country. The first of thesewas the problem encountered by the estatecommissioners in the disposal of woodlands,which became available following the break up ofthe estates under the Land Purchase Acts. Hence,the Land Act of 1909 placed the trust of either theDepartment of Agriculture and TechnicalInstruction (DATI) or County Councils in theownership of woodlands beyond doubt andempowered the Department or County Councils topurchase woodlands as tenant purchasers. Underthese circumstances the woodlands at Camolin, CoWexford and at Montalt Estate, Dundrum, CoTipperary were purchased.

The second was the reports of the DepartmentalCommittee on Irish Forestry and of the RoyalCommission on Coast Erosion in Britain.Although Lloyd George (Chancellor of theExchequer) in his 1909 budget speech decided toignore the forestry recommendations in the latter,he subsequently made £25,000 available to theDepartment for the purchase and maintenance of10,000 acres for afforestation in counties Cork,Wicklow and Waterford (Neeson 1991). Theseland acquisition activities were furtherconsolidated by the appointment of an InterimForest Authority in Britain and the publication ofthe Forestry Bill by that authority in 1919.

2.3 The Forestry Acts

2.3.1 The Forestry Act, 1919

The Forestry Act, 1919, was “an Act forestablishing a Forestry Commission for the UnitedKingdom, and promoting afforestation and theproduction and supply of timber therein…”(Forestry Act, 1919). Under the provisions of thisAct, the Commissioners were subject toconsultation with the treasury, empowered to:• purchase, take on lease or hold any land

suitable for afforestation or required for purposes in connection with afforestation or management of woods and forests and manage, plant or otherwise use any land acquired;

• erect such buildings or execute such other works on the land as they thought necessary;

• sell or let land, which was unsuitable for forestry, or exchange land for more suitable land and pay or receive money for inequality in the land.

However, before acquiring, selling or otherwisedisposing of any land the Commissioners wererequired to consult with the Department ofAgriculture and Technical Instruction and, in thecase of the sale or disposal of land, give theDepartment an opportunity of acquiring it.

Furthermore, where the Commissioners wereunable to acquire land which they required for thepurposes of the Act on reasonable terms theycould apply to the Development Commissioners1

for an order empowering them to acquire the landcompulsorily, and the DevelopmentCommissioners, following a hearing, had thepower to make the order.

Compulsory acquisition orders could not be madein respect of land which formed part of a park,demesne, garden, pleasure ground, home farmattached to an occupied mansion house or landwhich was otherwise required for the amenity orconvenience of a dwelling house. Furthermore,land which was owned by a local authority, whichwas the site of a national monument or other itemof archaeological interest, or land which had beenacquired by a corporation or company for thepurposes of a railway, dock, canal, water or otherpublic undertakings, could not be acquired by anacquisition order.

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Where insufficient facilities existed for thehaulage of timber from any wood or forest, theCommissioners were empowered to make ordersinstructing the owner or occupier of any land toprovide those facilities, subject to the payment ofa reasonable rent and compensation for anydamage that might be caused to the land by thehaulage. The amount of compensation was to bedecided, on default of agreement, by arbitration.The Commissioners could not make such an orderwithout giving the person required to afford thefacilities an opportunity of being heard. Anypersons who were aggrieved by an order of thistype could appeal to the Development Council,who had the power to vary or revoke the order.


The Forestry Act, 1928, was the first forestry Actof Saorstát Éireann. It transferred many powersfrom British departments to Irish ones. Mostprovisions in relation to the acquisition of landremained unchanged from the British Act.Applications for compulsory acquisition ordersnow were made to the Irish Land Commissioninstead of the Development Council, as wereappeals made to the Judicial Commissioner. Themain provisions included in this Act that wereadditional to those of the Act of 1919 facilitatedthe extinguishment of all grazing, turbary andother rights to land acquired by the Minister.Owners of extinguished easements were entitledto compensation from the Minister (Minister forAgriculture).


The Forestry Act, 1946, repealed the earlier Actsof 1919 and 1928. Part III of the Act dealtexclusively with compulsory acquisition of land,creation of rights of way and the extinguishmentof easements. For the purposes of this Act, theMinister with responsibility for forestry had thepower to:• “Purchase or take on lease or otherwise acquire

any land suitable for forestry or required for purposes in connection with afforestation or with the management of any woods or forests or any right (so acquired) over land;

• sell or let any land vested in the Minister by virtue of the Forestry (Re-distribution of Public services) Order, 1933 (S. R. & O., No. 158 of 1933), or acquired under the Forestry Acts, 1919 and 1928, or under this Act, or exchange

any such land for any other land and (whererequisite on any such exchange) pay or receivemoney for equality of exchange or grant rights onor over such land" (Section 9(1) Forestry Act,1946).

The provisions in relation to compulsoryacquisition of land remained more or lessunchanged from those in the earlier acts. Underthe 1946 Act, applications for acquisition orderscould be made to the Lay Commissioners (themembers of the Irish Land Commission excludingthose of the Appeal tribunal) and appeals could bemade to the Appeal Tribunal. The Minister couldalso appeal to the Tribunal if orders were not madeas per application. In contrast with the precedingActs, acquisition orders made under this Act onlyremained in force for periods of two years. Suchorders could provide for the continuance ofeasements or the creation of new easements in lieuof ones lost. Before applying for an acquisitionorder, the Minister could serve a notice on anyonerequesting the particulars of their interest in anyland. Persons failing to comply with such a noticewere guilty of an offence which carried amaximum penalty of £20 on summary convictionand £5 for every day thereafter that a person failedto furnish the Minister with the requestedinformation.

The 1946 Act also introduced the concept ofvested land. “Where an acquisition order inrespect of any land is in force, the Minister may, ifin his/her absolute discretion he/she so thinks fit,make … an order … vesting the land in him/her ona specified date not earlier than one month afterthe making thereof” (Section 26(1) Forestry Act,1946). It was an offence under the 1946 Act tointerfere with the Minister in taking possession ofvested land. The Minister was liable to paycompensation to any person who had an interest inany land vested, the amount of which could bedetermined by the Lay Commissioners on defaultof agreement.

The Minster could also apply to the LayCommissioners for an order to extinguisheasements on land held by him/her for thepurposes of the Forestry Acts. Persons affected bysuch orders had the right to appeal to the AppealTribunal and any person who suffered due to themaking of such an order was entitled tocompensation from the Minister.

Provisions to facilitate the creation of rights ofway over land for the purposes of access to stands

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1References in this Act to the Development Commissioners became references to the Irish Land Commissioners with the passing of theSaorstát Eireann Forestry Commissioners Order, 1927.

2.4.2 The Wildlife (Amendment) Act, 2000

Since the Wildlife Act of 1976, wildlife is nolonger the responsibility for the Minister for Landsand now lies with the Minister for Arts, Heritage,Gaeltacht and the Islands. Similarly, forestry isnow the responsibility of the Minister for theMarine and Natural Resources. Thus, the newwildlife legislation allows for the Minister forArts, Heritage, Gaeltacht and the Islands to actindependently of forestry legislation. However,the Act also provides for the repeal of all of theForestry Act, 1956, and Part III of the ForestryAct, 1946, which is the part concerning theextinguishment of easements, creation of rights ofway and acquisition of land, previously dealt within this chapter.

The new Wildlife Act, 2000, repeals theprovisions of the Wildlife Act, 1976, that relatedto acquisition of land, creation of rights of wayand extinguishment of easements and whereappropriate replaces them with new ones.Currently where the Minister with responsibilityfor wildlife wishes to create a right of way overany land he/she must first notify the owner oroccupier of the land and the arbitrator who hasbeen assigned to hear the case. In this notice,he/she must specify whether he/she wishes thepublic generally to pass through the land or just aparticular class of the public. Any person with aninterest in the land may object to the order. Thearbitrator, on hearing the case may, or may not,permit the Minister to make the order as proposedor otherwise. Persons who have an interest in orover land over which such an order is made, shallbe entitled to compensation from the Minister inrespect of “any diminution in the value of his orher interest in or over the land consequent uponthe making of the order” (Section 12(5) Wildlife(Amendment) Act, 2000). The Minister may alsomake an order to extinguish any easement on landheld by him/her for the purposes of the WildlifeActs. The provisions that apply in relation to themaking of orders creating rights of way over landalso apply to extinguishment orders.

2.4.3 National Monuments Acts, 1930 to 1994

By virtue of these Acts, where a nationalmonument exists on any land Dúchas2 mayacquire compulsorily national monuments and“any land that is in the vicinity of such a

monument and is intended to be used by them forthe provision of facilities deemed appropriate bythe Minister for persons having access to themonument under the National Monuments Acts,1930 to 1994,” (Section 11(1) NationalMonuments Act, 1994). Where Dúchas propose toacquire any land compulsorily under the Acts theymust publish a notice of their intention in anewspaper circulating in that district and serve anotice on the owner and occupier of the land.Where the owner or occupier of the land isopposed to the acquisition, they may send awritten objection to Dúchas or the Minister (forArts, Heritage, Gaeltacht and the Islands) withintwo months of receiving the notice. The Ministermay then on consideration of any objections eithergrant or refuse permission for Dúchas tocompulsorily acquire the land by means of a“vesting order”. Where a vesting order is madeDúchas shall pay compensation to any person whohas any estate, right, easement, title or interest ofany kind in, over or in respect of the land, theamount of which shall be determined under and inaccordance with the Land Clauses Acts.

2.4.4 The Roads Act, 1993

Where a road authority (National Road Authorityor a public authority) requires land for amotorway, busway or protected road scheme andare unable to acquire the land by expeditiousagreement they may acquire the land by means ofa compulsory purchase order. Any person whohas suffered damage in consequence thereof shallbe entitled to compensation from the roadauthority, the sum of which will be determined byarbitration under the Acquisition of land(Assessment of Compensation) Act, 1919.

This Act does not seem to include any provisionsto facilitate objections from owners or occupiersof land in relation to compulsory acquisition.

are also included in this enactment. Where theMinister required a right of way over land, shecould apply to the Lay Commissioners for anorder. Following a public hearing the LayCommissioners could make the order as perapplication, change the route of the right of wayfrom that which was applied for, or refuse theapplication. If the Minister was unhappy with theoutcome of the application, he/she could appeal tothe Appeal Tribunal, as could the owner oroccupier of the land. Where such an order wasmade the Minister was liable to pay compensationto the occupier or owner of the land, the sum ofwhich could be fixed on default of agreement bythe Lay Commissioners. If either party wasdissatisfied by the amount fixed, they could appealto the Tribunal. The same provisions appliedwhere an ordinary person required a right of wayover land. However, unlike orders obtained by theMinister these orders only remained in force for atwelve-month period and the person to whom theywere granted had to remove all traces of the rightof way from the land within one month of theexpiration of the order.

All provisions of Part III of the Forestry Act, 1946,have been repealed by the Wildlife (Amendment)Act, 2000. Thus even though the Minister still hasthe power to acquire land compulsorily the legalprovisions that were established by the Act of1946 to facilitate this no longer exist.


The Forestry Act, 1956, was enacted "to facilitatethe acquisition of land for the purposes of theForestry Act, 1946" (Forestry Act, 1956). The Actprovides for the acquisition of commonage and thepayment of compensation following the making ofa vesting order. This Act, in its entirety, has alsobeen repealed by the Wildlife (Amendment) Act,2000.


The Forestry Act, 1988, was enacted to establish acompany (Coillte Teoranta) that would beresponsible for the development of forestry in theState. The Act provides for the assignment to thecompany, functions previously exercised by theMinister with responsibility for forestry.However, nothing in this Act diminishes theformer power of the Minister as provided for in theAct of 1946.

Although acquisition and disposal of land for thepurposes of forestry are not mentioned specificallyin the objectives of the company, the Act statesthat “the company shall have the power to doanything which appears to it to facilitate, eitherdirectly or indirectly, the performance by it of itsfunctions as specified in this Act or in itsmemorandum of association and is notinconsistent with any law for the time being inforce” (Section 11 (3) Forestry Act, 1988).Furthermore, Section 14 of the Act requires thecompany to submit a programme for the sale andacquisition of land and the sale of timber, for theapproval of the Minister on a yearly basis.


2.4.1 The Wildlife Act, 1976

At the time of the enactment of the Wildlife Act,1976, the Minister who had responsibility forwildlife also had responsibility for forestry,consequently there is considerable overlapbetween the provisions in this Act which related tothe acquisition of land and those which related tothe acquisition of land in the Forestry Act, 1946.

The Wildlife Act, 1976, provided for the makingof purchase orders where the Minister requiredland for the purposes of that Act or the Act of1946, and the ownership of the land was registeredunder the Registration of Title Act, 1964. Wherepurchase orders were made, compensation couldbe fixed on default of agreement by the LayCommissioners in accordance with the provisionsof the 1946 Forestry Act. This Act also providedthat any land acquired by the Minister under the1919, 1928, 1946 or 1956 Forestry Acts or byvirtue of the Forestry (Redistribution of PublicServices) Order, 1933 could be managed for theconservation of wildlife, management andexploitation of hunting and fishing resources orother purposes ancillary to the promotion ofscientific knowledge, amenity or recreational oreducational purposes, unless there was a directionin force stating otherwise. Provisions for thecreation of rights of way and the extinguishmentof easements were also included in the WildlifeAct, 1976. However, these provisions were moreor less the same as those included in the ForestryAct of 1946.

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2Although Dúchas is now responsible for National Monuments at the time of the passing of the National Monuments Acts theCommissioners for Public Works were the agency with responsibility for National Monuments.

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the results of such inquiries, experiments or research and to disseminate such information” (Section 9(1) Forestry Act, 1946).

Subsequent to the Forestry Act, 1946 forestresearch programmes were initiated in bothNorthern Ireland and the Republic. A researchsection was established in the Forestry Division,Department of Lands in 1957. Its main tasks atthis time included the evaluation of theperformance of exotic tree species under Irishconditions, tree establishment on marginal sites,spacing, thinning, and pruning experimentation,tree nutrition and the development of growth andyield models. The results of this research werepublished in international journals or as internalreports. From this period onwards the ForestService (under various headings) also publishedperiodic research reports.


The main provisions of the Forestry Act, 1988,were to provide for the establishment of acompany (Coillte Teoranta), which would beresponsible for the development of forestry and forthe assignment to that company, functionsheretofore exercised by the Minister responsiblefor forestry. The principal objectives of thecompany were to be:a) “to carry on the business of forestry and related

activities on a commercial basis and in accordance with efficient silvicultural practices;

b) to establish and carry on woodland industries; c) to participate with others in forestry and related

activities consistent with its objects, designed to enhance the effective and profitable operation of the company; and

d) to utilise and manage the resources available to it in a manner consistent with the above objects” (Section 12(1) Forestry Act, 1988).

Furthermore, the Act specified that “the companyshall have the power to do anything which appearsto it to facilitate, either directly or indirectly, theperformance by it of its functions as specified inthis Act or in its memorandum of association andis not inconsistent with any law for the time beingin force” (Section 12(3) Forestry Act, 1988).

Thus while there is no direct reference to researchin the Act it is clear from the above that CoillteTeoranta is empowered to carry out whateverresearch it sees fit provided such research is

deemed requisite, advantageous or incidental tothe performance of its functions. Thus, followingthe establishment of Coillte Teoranta in 1989,whether for this or other reasons many of the staffof the Forest Service Research Branch transferredto Coillte Teoranta. At the same time it is worthyof note that the power of the Minister withresponsibility for forestry to carry out research andextension activities, was in no way diminished orrepealed by the passing of the Forestry Act, 1988.


Legislation governing research in the agriculturalsector extends to the Agricultural (An ForasTalúntais) Act of 1958. This Act provided for theestablishment of an Institute for AgriculturalResearch to be known as An Foras Talúntais. Thefunctions of the Institute were to facilitate,promote and undertake agricultural research.However, the term ‘agriculture’ as used in the Actwas defined as follows:

“agriculture includes horticulture, forestry andbee-keeping, and also includes facilities, activitiesand sciences which relate to or tend to promote orimprove agriculture, and cognate words shall beconstrued accordingly;” (Section 2 Agriculture(An Foras Talúntais) Act, 1958).

The Agricultural (An Foras Talúntais) Act of 1958was subsequently amended according to theprovisions of the National Agricultural Advisory,Education and Research Authority Act, 1977, theAgriculture (An Comhairle Oiliuna Talmhaíochta)Act, 1979 and the Agriculture (Research, Trainingand Advice) Act, 1988. However, these Acts weremainly concerned with the structure of theorganisations and did not in any major manneramend the power of these organisations to carryout agricultural (including forestry) research,education and advisory services. Neither did theseitems of legislation amend or dilute in any way thepower of the Minister with responsibility forforestry to commission and carry out research inforestry.

Similarly the Industrial Research and StandardsAct, 1946 empowered the institute of that name(now Enterprise Ireland):a) “to undertake, encourage and foster scientific

research and investigation with the object of – • promoting the utilisation of the natural

resources of the State;• improving the technical process and methods

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3. FOREST RESEARCH,DEVELOPMENT, ADVISORY,TRAINING AND EDUCATION

3.1 Introduction

For over a century, the promotion of forestry andresearch on afforestation appears to have beenrecognised as a prerequisite for the developmentof the industry in Ireland. Dr William Schlich inhis report to Gladstone in 1885 recommendedcaution as regards the species of exotic trees to begrown “… until experience had proved that thespecies were suited to the climate of Ireland”(Neeson 1991). Thus the Knockboy plantings in1893 and 1894 employed thirty or forty species oftrees and were viewed largely as a speciesexperiment. [No doubt partly as a result of thefailure of all species at Knockboy, developmentgrants introduced in 1909 were considered subjectto the following constraint: Expansion of forestrymust be founded on effective research]. Theintention was to turn it into a forest experimentalstation on the lines of a continental forest garden(Neeson 1991). Similarly, following theacquisition of Avondale Estate by the State in1904 much of the area was planted in forest plotswhich were intended to demonstrate growth anddevelopment into timber of all the more importantspecies of trees under silvicultural as distinct fromarboricultural conditions.


This need for research and development wasclearly acknowledged in the Forestry Act, 1919,whereby the Forestry Commissioners wereempowered to:a) “Undertake the collection, preparation,

publication and distribution of statistics relating to forestry, and promote and develop instruction and training in forestry by establishing or aiding schools or other educational institutions or in such other manner as they think fit;

b) Make or aid in making such inquiries, experiments and research, and collect or aid in collecting such information, as they may think important for the purpose of promoting forestry and the teaching of forestry and publish or otherwise take steps to make known the results of such inquiries, experiments or research and disseminate such information;

c) Make or aid in making such inquiries as they

think necessary for the purpose of securing an adequate supply of timber in the United Kingdom and promoting the production of timber in His Majesty’s dominions” (Section 3(3) Forestry Act, 1919).


The Forestry Act, 1928, was introduced in order tomake better provision for promoting afforestationand for that purpose to amend the Forestry Act,1919, to restrict the felling of trees, and to makeother provisions connected with the felling oftrees. No specific mention is made of research anddevelopment in this Act but it is clear from the‘schedule’ of enactments repealed that there wasno intention to amend or interfere with the powerof the Minister with responsibility for forestry toinitiate and undertake research and developmentrelevant to forestry. It is clear that from this timeonwards a certain amount of research anddevelopment work was carried out by forestrystaff attached to government departments such asthe Department of Agriculture or the Departmentof Lands. Thus, the report issued by the Ministerfor Lands for the periods 1938-1943 contains aheading “Experimental Work”, under whichdetails are given concerning nursery experiments,the production of rare tree species, the ‘crossing’of larches to produce hybrids and the directsowing of acorns and beech mast (Anon 1944).


The Forestry Act, 1946, was officially describedas “an Act to make further and better provision inrelation to Forestry” (Forestry Act, 1946). Inaddition to introducing several new powers of theMinister, the schedule of enactments repealed thewhole of the Acts of 1919 and 1928. However, itreaffirmed the power of the Minister to: a) “undertake the collection, preparation,

publication and distribution of statistics relating to forestry and promote and develop instruction and training in forestry by establishing or aiding schools or other educational establishments or in such other manner as he/she thinks fit;

b) make or aid in the making of such inquiries, experiments and research, and collect or aid in collecting such information, as he/she thinks important for the purpose of promoting forestry and the teaching of forestry, and publish or otherwise take steps to make known

4. FLORA AND FAUNA

4.1 Introduction

From medieval times, forest law has incorporatedprovisions prohibiting the poaching of game fromroyal forests in this country. Indeed during thetime of Dermot Mac Murrough the penalty forbreaching such laws could be as severe as death(Neeson 1991). Since this period many laws havebeen introduced that included measures for theconservation of wildlife other than game andprovisions have also been established for theprotection of forest crops from damage bywildlife.

4.2 The Forestry Acts

Under section 4 of the Forestry Act, 1919 theCommissioners were empowered to controlrabbits, hares and vermin and to require anyoccupier of land to destroy rabbits, hares orvermin, where they were causing damage to trees.Provisions were included to enforce thisrequirement and to recover any costs incurred.The word ‘vermin’ although not clearly defined inthe Act did clearly include rabbits, hares andsquirrels. It is also worthy of note that the powersand duties of the DATI in relation to theDestructive Insects and Pests Acts, 1877 to 1907,in so far as these powers related to insects or pestsdestructive to forest trees and timber, weretransferred to the Commissioners. The ForestryAct, 1928 contained no new provisions in relationto flora or fauna in forests.

The Act of 1946 repealed the Acts of 1919 and1928. However, the provisions relating to thecontrol of vermin on forested land remainedlargely unchanged, notwithstanding anythingcontained in the Game Preservation Act, 1930.The term vermin was defined in this Act to includedeer and other wild animals likely to damage treesand plants. However, new provisions wereincluded for the control of vegetation by burningwithin one mile of a wood, and for the destructionof vegetation on cultivated land in the vicinity ofwoods. Similarly, the Forestry Act of 1956contained few provisions of any consequence inrelation to wildlife in Irish forests. The ForestryAct, 1988, contained no new provisions in relationto forest flora or fauna and did not in any way alterthe powers of the Minister with responsibility forforestry in dealing with flora and fauna in

plantations. However, the 1988 Act did specifythat Coillte Teoranta would have the power to doanything which appeared to it to facilitate, eitherdirectly or indirectly, the performance of itsfunctions as specified in the Act and which is notinconsistent with any law in force. Clearly, thisimplies that the company has the power to controlvermin and to deal with vegetation, which maythreaten the well being of its plantations.However, it should be borne in mind that theCompany has a general duty under the 1988 Act tohave due regard to the environmental and amenityconsequences of its operations.


4.3.1 The Game Preservation Act, 1930

This was the first legislation enacted by theOireachtas of Saorstát Éireann, which sought tomake provision for the preservation of game, forthe control of game dealers and for other mattersincidental or conducive to the preservation ofgame. The expression ‘game birds’ in the Actincluded pheasant, partridge, grouse, quail,landrail, plover, snipe, mallard, teal, widgeon,brent goose, barnacle goose and other species ofwild duck and goose. However, this Act madelittle provision for the regulation of Forestryexcept to prohibit the burning of vegetation onuncultivated land in the game breeding season (1stday of April to the 14th day of July). This Act alsomade provision for a Consultative Council for thepurpose of giving advice and assistance to theMinister (for Justice) in connection with anymatter relating to or affecting the propagation andpreservation of game.

4.3.2 The Wildlife Act, 1976

It is worthy of note that at the time of the passingof this Act, the Minister with responsibility forwildlife (the Minister for Lands) was also theMinister with responsibility for forestry. Inaddition, the term “wildlife” was expanded,perhaps for the first time, to include flora andfauna. However, the main purpose of the Act wasto advance the protection and conservation ofwildlife. This was to be achieved by theprotection of habitats of flora and fauna orecosystems of scientific interest. Thus the Actmade provision for the designation of suchreserves and ecosystems in a manner which "…

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used in the industries of the State;• discovering technical processes and methods,

which may promote or facilitate the expansion of existing or the development of new industries and the utilisation of waste products of industry” (Section 5(1) Industrial Research and Standards Act, 1946).

Thus, the Institute was empowered to carry outindustrial research, development andstandardisation involving wood, wood productsand industrial waste products of wood. In theperiod since its establishment in 1946 the Institutefor Industrial Research and Standards has beenstructurally changed by a whole series oflegislative enactments such as, the Science andTechnology Act, 1987, the IndustrialDevelopment Acts, 1986 to 1995 and theIndustrial Development (Enterprise Ireland) Act,1998. This latter Act established EnterpriseIreland as the agency of Forfás to perform thefunctions assigned to it. The Agency was assigneda wide range of functions under this Act. Thesegenerally related to the development of theIndustry, the development of goods, the marketingof goods, the development of research capacity,the strengthening of the skills base and theadministration of grant schemes.

It is worthy of note that undertaking research is notspecifically mentioned in the list of functions,although it is apparent that the Agency couldjustify carrying out research under virtually any ofthe functions listed. However, this omission fromthe list of functions may significantly weaken itslegal position in relation to carrying out theresearch and standards functions initially assignedto the Agency by the 1946 Act. It does not appear,however, that the legal authority of the Agency tocarry out research, which stems from the IndustrialResearch and Standards Act, 1946 has beenrepealed.

In 1992 legislation (Environmental ProtectionAgency Act, 1992) was enacted by the Ministerfor the Environment which provided for theestablishment of an agency, to be known as theEnvironmental Protection Agency (EPA). Themain objective was to be the protection of theenvironment. In connection with this the Agencywas assigned a number of functions by the Actincluding:• “the promotion and co-ordination of

environmental research, the provision of assistance and advice in relation to research and the carrying out, causing to be carried out,

or arranging for, such research," (Section 52(1) Environmental Protection Agency Act, 1992).

From this, it is clear that the EnvironmentalProtection Agency has the power to carry outforest research where forestry may have an impacton the environment. Subsequently, the EPA havebeen involved in many research programmes inconjunction with many other organisations withforestry connected mandates.

Furthermore, the National Health and SafetyAuthority are empowered under the aegis of theSafety, Health and Welfare at Work Act, 1989 “…to make such arrangements as it considersappropriate for providing information and adviceon matters related to safety, health and welfare atwork,” (Section 16 (1) Safety, Health and Welfareat Work Act, 1989). Similarly, the Minister withresponsibility for wildlife is empowered by theWildlife Act, 1976 to “…carry out or cause to becarried out research which he/she considersdesirable for the performance of his functionsunder this Act” (Section 11(3) Wildlife Act,1976). The Water Pollution Act, 1977 providesthat a local authority may contribute to the fundsof any person engaged in, or proposing to engagein research, surveys or investigations in relation towater pollution. Thus, a local authority could fundany research that investigates the effects offorestry on water pollution.

could then decide to adopt these sites as SpecialAreas of Conservation (SAC). Subsequent to theadoption of such sites by the Council, the Ministernotified the owner or occupier of the land of thedesignation. Outlined in such notices were a listof operations, which could have a significantimpact on the area (such operations could includeregular forest operations such as drainage,cultivation, fertiliser application, thinning etc).Before carrying out such operations, the owner oroccupier had to apply to the Minister forpermission to do so. Where the Minister refusedto give permission the applicant had the right toappeal. Appeals were decided by arbitration.Where permission and appeals were denied theapplicant was entitled to compensation. Whereoperations were carried out in contravention withnotices designating SACs the Minister coulddirect the person who carried out the work torestore the site to its former condition within aspecified period. Where a person failed to carryout the restoration within this period the Ministercould cause authorised persons to carry out thework and recover the cost from that person as asimple contract debt in a court of competentjurisdiction. Owners or occupiers of land includedin a SAC could enter into a managementagreement concerning the SAC with the Ministerunder the Wildlife Act, 1976. This would ensurethat the management of the land would be "…conducted in a manner (to be specified in theagreement) which will not impair wildlife or itsconservation" (Section 18(1) Wildlife Act, 1976).Such arrangements could provide for the paymentof money by the Minister with responsibility forwildlife to a person having an interest in or overthe land to which the agreement related.

4.3.4 European Communities (Conservation of Wild Birds) Regulations, 1985 to 1999

These regulations were enacted to give effect toCouncil Directive 79/409/EEC on theconservation of wild birds. The regulations arelegally binding and designate certain areas in theState as being Special Protection Areas (SPAs).The main objective of these areas is to protect wildbirds and their habitats. The regulationsprohibited the leaving of any matter in a SPA,which might disturb the birds or pollute theirhabitat. Thus, it is prohibited to leave any co-extruded bags, fertiliser, or spilt oil frommachinery in a SPA.

4.3.5 European Communities (ForestReproductive Material) Regulations, 1973 and1982

These regulations were established to give effectto Council Directives 66/404/EEC and71/161/EEC and amending Directives. Thesedirectives have recently been replaced by CouncilDirective 1999/105/EC on the marketing of forestreproductive material which, must beimplemented by the Forest Service in Ireland byJanuary 1st 2003. The regulations provided forthe establishment of a National Catalogue ofapproved forest basic material. This material hasto be either tested or selected. Under theseregulations no reproductive material (seeds, partsof plants, young plants) may be marketed in thestate unless derived from such basic material, normay reproductive material be imported unless inaccordance with the directives. Furthermore, priorto delivery to the final consumer, all material andfor so long as it is collected, processed, stored,transported or raised, must be kept in lotsseparated and identified in accordance with thecriteria set out in the directives. These criteriainclude things such as, level of harmful organismspresent on seeds and presence of anomalies ofform such as forking on seedlings. The aim of thenew directive (1999/105/EC) is to ensuretraceability of forest reproductive material withinthe Community. In this manner the consumer canbe confident that they will get what they haveasked for (Cahalane pers. communciation, 2001).

4.3.6 European Communities (Introduction ofOrganisms Harmful to Plants or Plant Products)(Prohibition) Regulations, 1980 to 1998

These regulations were put in place by theGovernment to give effect to Council Directive77/93/EEC and amending directives on protectionagainst the introduction into the Community oforganisms harmful to plants or plant products.These directives were consolidated in May of lastyear by Council Directive 2000/29/EC.

The regulations provide for protective measuresagainst the introduction of harmful diseases andpests into the country. For example, all timber thatis imported into the country must be free frombark to protect against the introduction of foreignbark beetles. For the purpose of plant healthIreland has ‘island status’. Effectively this meansthat the regulations that govern plant health inNorthern Ireland are the same as those that governplant health in the Republic, not in Britain.

will not impair wildlife or its conservation …”(Section 18(1) Wildlife Act, 1976). In practice alldesignated areas established under the Act toprotect wildlife were purchased and subsequentlymanaged by the Office of Public Works, or otherState Departments and therefore such designationsdid not significantly impinge on forestmanagement at that time (Mahon pers.communciation, 2001). In addition the Ministercould declare any species of flora (specified in theAct to include trees) or fauna a protected species.Although it was an offence under the Act to injureor disturb a protected species, it was not anoffence while engaged in forestry tounintentionally do so. Many species wereprotected under the Act of 1976 (Table 3),although the Minister had the power to declare anyadditional species protected by regulation. Allbird species with the exception of the followingwere also protected under the Act; Bullfinch,Carrion Crow, Greater Black-backed Gull,Herring Gull, Hooded (Grey) Crow, HouseSparrow, Jackdaw, Jay, Lesser Black-backed Gull,Magpie, Pigeons, including Wood Pigeon (notincluding Carrier Pigeons, Racing HomingPigeons or Doves), Rook and Starling.

Under the Act of 1976, where a protected wildbird or animal was causing damage to a forest cropthe Minister with responsibility for wildlife couldcause an authorised person to enter land and takesuch steps as necessary to stop the damage.Alternatively, occupiers of infested lands couldapply to the Minister for Wildlife for permission,permitting them to capture or kill the protectedfauna that was causing the damage. Suchpermissions were normally granted subject toconditions. These powers were in addition and notin substitution to the powers conferred on theMinister for Lands (who had responsibility forforestry) in relation to the destruction of hares oninfested forest lands by the Forestry Act, 1946.

The Wildlife Act 1976, also contained provisionsto repeal the section contained in the Forestry Acton burning of vegetation and replaced it with newprovisions which remained more or lessunchanged from those provided for in the ForestryAct. However, the Wildlife Act, 1976 alsocontained provisions prohibiting the destruction ofvegetation on uncultivated land between the 15thof April and the 31st of August every year. Thisperiod was amended by the Wildlife(Amendment) Act, 2000 to extend from 1st Marchto the 31st of August. This prohibition did notextend to the destruction of vegetation (in theordinary course of forestry) that was growing in ahedge or ditch nor the destruction of vegetation inpursuance to a notice made by the Minister forForestry under the Forestry Act, 1946. Neither didthis apply to burning carried out by a Minister forthe Government or a body established or regulatedunder statute for reasons of public health or safety.Thus, it would appear that the burning ofvegetation by a private forest owner onuncultivated land for firebreaks is prohibitedwithin this period but similar activities if carriedout by the Forest Service or Coillte arepermissible.

4.3.3 European Communities (Natural Habitats)Regulations, 1997

These regulations were legislated to give effect toEC directive 92/43/EEC on the conservation ofnatural habitats of wild flora and fauna. Followingthe passing of this directive the Minister for Arts,Heritage, Gaeltacht and the Islands drew up a listof candidate European sites for submission to theCouncil for approval. European Sites includeareas that contain a special habitat or ecosystemsuch as fens or salt marshes. The Minister thenhad to notify any person whose land was includedin a candidate European site. Owners or occupiersof the land had the right to object. The Council

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TABLE 3: SPECIES PROTECTED UNDER THE WILDLIFE ACT, 1976.

Land MammalsBadger

Bat species

Deer species

Hare species

Hedgehog

Otter

Pine Marten

Red Squirrel

Marine MammalsDolphin species

Porpoise Species

Seal species

Whale species

AmphibiansNatterjack Toad

(Source: Wildlife Act, 1976)

5. FELLING LICENCES

5.1 Introduction

The Land Act, 1881 had created difficulties forplanting by landlords, by creating tenant rights tograzing and because of the degree of insecuritywhich it and subsequent acts introduced. Thewidespread felling of private woodlands, whichfollowed, has been well documented (Neeson1991). These developments aroused the interest ofthe State in forestry matters as early as 1896, whenW.F. Baily, a legal assistant in the LandCommission, recommended the introduction of aprovision which would prohibit the cutting oftrees, without the permission of the LandCommission. However, nothing much appears tohave happened over the next ten to fifteen years,although a Bureau to aid, improve and developforestry land had been set up within DATI underthe provisions of the Department of Agricultureand Technical Instruction Act, 1899. Concern atthe extent of forest clearance was such that in 1909DATI sought, and was given, legal control over thefelling of existing woodlands on land purchasedunder the Land Acts and applications forpermission to fell trees had to be made to theDepartment. However, landlords could still selltimber pending or during negotiation with theCommissioners. On other lands, the law providedno control and there was no compulsion to reforestany land. Thus while DATI was in a position toprevent felling on some land and even to purchasewoodland offered under the Land Purchase Acts,the condition of the forests in the countrycontinued to deteriorate. It is surprising, therefore,that felling controls and replanting were notincluded in the Forestry Act, 1919 since theproductive potential of the forest estate in Irelandand Britain was well known and there wasconsiderable debate concerning forestry at thetime. Indeed A. C. Forbes (first head of theForestry Commission of Saorstát Éireann) waswell aware of the condition of the woodlands ofthe country when he wrote in the report on forestryfor the period 1923 to 1925 “Woods still inpossession of private owners comprise about 84%of the total woodland area of the country … inwhich ... little planting or replanting has beencarried out, while the bulk of the valuable timberhas been removed from therein from time to timeduring the last twenty to thirty years … a largenumber will undoubtedly disappear in the courseof the next twenty five years and measures toprevent this are urgently required” (Neeson 1991).


The administration of Forestry in Ireland passed toPatrick Hogan, Minister for Agriculture under theIrish Free State Act, 1922 and after muchprocrastination he introduced on April 25th 1928,a measure “... to make further and better provisionfor promoting afforestation and for that purpose toamend the Forestry Act, 1919, to restrict the fellingof trees, and to make other provisions connectedtherewith” (Forestry Act, 1928).

This Act which came into force in 1930 meant thatit was no longer… “lawful for any person to cutdown any tree or uproot any tree over ten years oldunless, not less that twenty one days before thecommencement of the cutting down or uprootingof such tree, the owner thereof or his predecessorin title or some person on behalf of such owner orpredecessor shall have given to the sergeant incharge of the Garda Síochána station nearest tosuch tree a notice in writing (in this Act referred toas a felling notice) of intention to cut down oruproot such tree” (Section 5(1) Forestry Act,1928).

In addition the Act specified the manner in whichsuch felling notices should be lodged, the penaltiesfor contravention of the provisions of the Act, thepowers of the Minister to issue prohibition ordersand the right of an applicant who has been servedwith a prohibition order to appeal to a referee.There was also a provision for the granting of ageneral felling licence to take account of fellingscarried out “... in the ordinary course of thinning orclearing such wood either with a view to re-planting or in accordance with the general practiceof good forestry” (Section 12(1) Forestry Act,1928). In section 7 of the Act the idea of‘exempted trees’ was introduced and theseincluded trees in a county borough or urbandistrict, as well as any tree which might be deemednot necessary “... for the ornament or protection ofthe holding on which it stands...” (Section 7(5)Forestry Act, 1928). It is interesting that where aMinister revoked a prohibition order bysubsequently issuing a felling licence, they could,“… If the Minister so thinks fit” (Section 8(2)Forestry Act, 1928), attach a replanting condition.However, in section 12 of the Act, which dealswith general felling licences, there was noprovision for such a condition unless it may beconsidered that such a replanting requirement maybe covered by the phrase “... in accordance withthe general practice of good forestry.”

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4.3.7 The Wildlife (Amendment) Act, 2000

The Wildlife (Amendment) Bill, 1999 was passedon the 7th of December 2000. The Act containeda number of amendments to the Wildlife Act,1976. The most influential provisions of the Act,from a forestry point of view, are undoubtedlythose providing statutory protection for NaturalHeritage Areas (NHAs). The designation NHA isused to conserve areas containing special habitatsor ecosystems of scientific interest or lands, whichcontain features of geological, geomorphologic orother natural interests and includes SPAs andSACs as outlined in the birds and habitatsdirectives. Under the Act, where the Minister forArts, Heritage, Gaeltacht and the Islands is of theopinion that any land forms part of an NHA he/shemust notify the general public and any otherpersons he/she deems appropriate, including theowner or occupier of the land, of his/her intentionto make the area an NHA. Such notices shouldoutline the reason why the Minister proposes tomake the area an NHA and also identify any workthe Minister considers would interfere with theNHA as well as any protective measures theMinister wishes to include in the order. Thus itappears that should a forest area or part of a forestarea be included in an NHA, this could preclude orprevent normal forest operations such as timberharvesting (thinning), roading and timberextraction. Persons with an interest in the land canobject to the making of such orders. However, thedecision of the Minister is final. Where a personwishes to carry out a work identified in a noticeproposing the making of an NHA, they mustobtain permission from the Minister. Where theMinister refuses there is a right to appeal. Appealsare determined by arbitration. If permission isdenied on appeal, any person claiming to have aninterest in the land is entitled by way ofcompensation to “… an amount equal to the losssuffered by the owner, occupier, or user by thedepreciation of an interest in the land to whichhe/she is entitled.” (Section 22(1) Wildlife(Amendment) Act, 2000). Where prohibitedworks are carried out the Minister may direct theresponsible party to restore the area to its formerstatus within a specified period. If the restorationis not completed in that time frame the Ministermay instruct authorised personnel to carry out thework, the cost of which he/she may recoup fromthe person who failed to do the work in a court ofcompetent jurisdiction. The Minister may alsoapply to a court for an order to prohibit any worksif he/she deems it necessary.

Other provisions contained in the Act whichimpinge on forestry include those relating to theCITES regulations. These have been establishedsubsequent to the passing of Council RegulationEC/338/97 on the regulation of international tradeof wild flora and fauna. These regulations renderit illegal to be in the possession of a specimen of aspecies listed in the regulations without therequired valid permits and certificates. Treespecies could be added by regulation to this list ofspecies. Furthermore, under the new wildlifelegislation a person may not grow any exoticspecies of flora, or the flowers, roots, seeds orspores of exotic flora otherwise than under and inaccordance with a licence granted by the Ministerfor Arts, Heritage, Gaeltacht and the Islands.

6. PLANNING

6.1 Introduction

Although the Public Health (Ireland) Act, 1878and Local Government (Ireland) Act, 1898 andtheir amending acts introduced some planningcontrol on development in urban areas, the Townand Regional Planning Acts, 1934 and 1939 werethe first acts to introduce the general obligation toacquire planning permission before undertakingdevelopment. These acts also introduced planningcontrol nationwide by the establishment ofregional development plans.

6.2 The Forestry Acts, 1919 to 1988

Included in the powers and duties bestowed on theForestry Commission by virtue of the Forestry Actof 1919 was the power to “purchase or take onlease any land suitable for afforestation or requiredfor purposes in connection with afforestation orwith the management of any woods or forests, andmanage, plant, and otherwise utilise any landacquired, and erect such buildings or execute suchworks thereon as they think necessary” (Section3(3) Forestry Act, 1919). Although nothing in theamending Act of 1928 is included to reaffirm thispower; neither can anything contained in the Actbe construed as diminishing the power.

The Acts of 1919 and 1928 were repealed by theForestry Act, 1946. This new Act transferred andextended the powers that were exercisable by theForestry Commission in the preceding acts to theMinister for Lands, who was the Minister withresponsibility for forestry at that time. The 1946Act empowered the Minister to: a) “purchase or take on lease or otherwise acquire

any land suitable for forestry or required for purposes in connection with afforestation or with the management of any woods or forests or any right (so required) over land;

b) manage, plant and otherwise utilise any land vested in the Minister by virtue of the Forestry (Re-distribution of Public Services) Order, 1933, (S. R. & O., No. 158 of 1933), or acquired under the Forestry Acts, 1919 and 1928, or under this Act, and erect such buildings or execute such other works thereon as he/she thinks necessary” (Section 9(1) Forestry Act, 1928).

The Acts that succeeded the 1946 Act, the ForestryActs, 1956 and 1988 did not contain anything thataltered the powers of the Minister as defined by theprincipal Act. However, the Forestry Act, 1988provided for the establishment of a company,Coillte Teoranta, which would have responsibilityfor the development of forestry in the State and forthe assignment to that company of functionsheretofore exercised by the Minister responsiblefor forestry.

6.3 Town and Regional Planning Acts, 1934 and1939

The Town and Regional Planning Act, 1934 wasenacted to “make provision for the orderly andprogressive development of cities, towns, andother areas, whether urban or rural and to preserveand improve the amenities thereof and for othermatters connected therewith” (Town and RegionalPlanning Act, 1934). The Act provided for theestablishment, by planning authorities, of planningschemes i.e. schemes “ … made in accordancewith this Act for the general purpose of securingthe orderly and progressive development of aparticular area, whether urban or rural, in the bestinterests of the community and of preserving,improving and extending the amenities of sucharea” (Section 3 Town and Regional Planning Act,1934). Planning schemes could be made toprovide for many developments, for instance thedevelopment of new roads in an area, but theycould also be made for the provision of amenitiesincluding “the preservation or protection offorests, woods, trees, shrubs, plants and flowers”(Second Schedule, Part III Town and RegionalPlanning Act, 1934). A planning scheme madeunder the Act could for the purpose of givingeffect to any provision contained therein, containprovisions:a) “controlling, restricting, or prohibiting, either

generally or in particular circumstances or cases, the exercise or acquisition of rights of way, rights of light, and other easements within the area or any particular part of the area to which the scheme relates; or

b) controlling and limiting the purposes for and the manner in which any particular land or all land in a particular part of the area to which the scheme relates may be used, including prohibiting the use of such land for any purpose except a specified purpose or class of purposes or in any manner except a specified manner” (Section 40(3) Town and Regional Planning Act, 1934).

This implied that a local authority could declarethat a particular area to which a planning schemerelated could only be used for residentialdevelopment and that forestry development wouldnot be accepted therein.

When a provision in a planning scheme restrictedor controlled the purpose for which any propertycould be used, or limited the legal rightsexercisable in respect of a property and the valueof the property was reduced by such curtailmentevery person having an interest in the property wasentitled to compensation payable by the planningauthority. On the other hand, where the value ofany property was increased by a planning schemeevery person having an interest in the property wasliable to pay the planning authority, on applicationby that authority and in accordance with theprovisions of the Act, a sum of ‘betterment’ equalto three-quarters the amount by which the value oftheir interest in the property was increased. Thisimplies that where a planning authority put a roadthrough land that was held by the Minister forForestry for the purposes of the Forestry Acts andclaimed it created better access to a site, theMinister could be liable to pay that authoritybetterment for constructing such a road.

Under the 1934 Act the Minister was enabled tomake ‘special prohibitions orders’ which couldprohibit any activities in a designated developmentarea. All activities including forestry developmentcould be prohibited in such areas. While theprohibition of forestry activities was not specifiedin the Town and Regional Planning Act of 1934,the 1939 amendment to that Act specificallyrestricted forestry activities. The usual rights toappeal and compensation applied here.

Perhaps, the most interesting provisions containedin the Town and Regional Planning Act, 1934 arethose relating to ‘suspensory provisions’. Themain thrust of these were that when a planningscheme was in effect over any land that containedprovisions that were “…similar in effect or…inconsistent with any enactment contained in anAct in force in the whole or such part (as the casemay be) of such area or any enactment containedin any order, bye-law, or regulation made by alocal authority under any such Act and so in force…” (Section 44(1) Town and Regional PlanningAct, 1994). The scheme could contain provisionswhich suspended that law in the area in which ithad effect. Effectively this made provision for thesuspension of other enactments in a planning area.For example, a local authority could declare that

the provisions prohibiting the felling of trees,unless in accordance with a licence granted underthe Forestry Act, 1946, would not apply in aparticular area. There is, however, no evidencethat these suspensory powers were ever used to thedetriment of forestry activities.

6.4 Local Government (Planning andDevelopment) Acts, 1963 to 1999

The Local Government Planning andDevelopment Act, 1963 (the principal Act)repealed the Town and Regional Planning Actsand replaced them with an Act:a) to make provision, in the interests of the

common good;b) to provide for the proper planning and

development of cities, towns and other areas, whether urban or rural;

c) to provide for the preservation and improvement of amenities;

d) to make certain provisions with respect to acquisition of land;

e) to repeal the Town and Regional Planning Acts, 1934 and 1939, and certain other enactments; and

f) to make provision for other matters connected with the matters aforesaid.

6.4.1 Permission to develop

For the purposes of this Act “…developmentconsisting of the use of any land for the purposesof agriculture or forestry (including afforestation),and development consisting of the use for any ofthose purposes of any building occupied togetherwith land so used…” (Section 4(1) LocalGovernment (Planning and Development) Act,1963) is exempted development. This implies thatforestry development is exempted from the generalobligation to obtain planning permission for thedevelopment of land or structures thereon thatarises under the Act. Furthermore, buildings onforest land that are to be used for purposesconnected with forestry should not requireplanning permission. However, planningpermission must be obtained from the localplanning authority for development, which is notexempted development. Examples might includepulp mills and saw mills. The application, made inthe prescribed form, may be refused or grantedwith or without conditions. Applicants who do notreceive satisfaction on receipt of an applicationmay appeal to the Minister whose decision is final.

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respect of a preservation condition, not beinggreater that 20% of the total amount of trees norshall compensation be payable for a conditionrequiring phased felling or extraction of trees overa period of up to 20 years.

The Local Government (Planning andDevelopment) Act, 1993 provides that the Ministerfor Environment and Local Government may byregulation declare that the Local Government(Planning and Development) Acts do not apply todevelopment or certain classes of developmentcarried out by a State authority (Ministers of theGovernment or the Commissioners of PublicWorks in Ireland). This implies that the Ministercould by regulation declare all development beingcarried out by the Minister with responsibility forforestry to be exempt from the general obligationto acquire planning permission. It is interestingthat even though Coillte Teoranta is not a Stateauthority they do not need permission for thedevelopment of roads within their forests whereasprivate forest owners must be instructed by theirlocal planner on whether or not they would requirepermission for a similar development.

6.5 Local Government (Planning andDevelopment) Regulations, 1994 to 1996

Subsequent to the European Communities(Environmental Impact Assessment) Regulations,1989, the Local Government (Planning andDevelopment) Regulations declare that for thepurposes of the Local Government (Planning andDevelopment) Acts that “initial afforestation,where the area involved would be greater than 200ha, or the replacement of broadleaf high forest byconifer species, where the area involved would begreater than 10 ha”, is no longer exempteddevelopment (Article 3 Local Government(Planning and Development) Regulations, 1994).Thus an environmental impact statement must besubmitted with applications for planningpermission in respect of afforestation of areasgreater than 200 ha and replacement of broadleafhigh forest with coniferous species where the areainvolved exceeds 10 ha. In addition, planningauthorities can request an environmental impactstatement (EIS) where threshold limits are notexceeded, but where a local authority considersthat the proposed development may havesignificant environmental effects. The LocalGovernment (Planning and Development)Regulations, 1996 subsequently lowered thethreshold from 200 ha to 70 ha. A correspondingchange has been made in the European

Communities (Environmental Impact Assessment)Regulations, 1996 in relation to the threshold atwhich afforestation requires environmental impactstatements. Developments which also require anEIA under the European Communities(Environmental Impact Assessment) Regulations,1989 include:a) the conversion of broadleaf high forest to

conifers;b) all installations for manufacture of fibre board,

particle board or plywood;c) all installations for manufacture of pulp, paper

or board;d) cellulose-processing and production

installations, where the production capacity would exceed 10,000 tonnes per annum.

6.6 Environmental Protection Agency Act, 1992

The Environmental Protection Agency (EPA), asprovided for in the Environmental ProtectionAgency Act, 1992, was established in July 1993.The Agency may, on its own or when requested byany Government Minister, inform, advise or makerecommendations on environmental protection forany area. The Agency may advise local authoritieson the environmental content of developmentplans. A system of integrated pollution control(IPC) licensing has also been introduced by theAgency on a phased basis. Where a developmentrequires an IPC licence, the applicant must, amongother things, submit full details of planningpermissions and applications for the developmentto the EPA. However, the planning and IPClicensing procedures are independent of eachother. Where activities need an integratedpollution control (IPC) licence from theEnvironmental Protection Agency, the Agencyassesses the parts of the EIS concerningenvironmental emissions. Planning authorities andAn Bord Pleanála on appeal, continue to examinethe land-use planning issues, but may not deal withaspects covered by the IPC licensing process. Thefollowing are activities for which an IntegratedPollution Control licence is necessary under theprovisions of the EPA Act:a) “the manufacturing of paper pulp, paper or

board (including fibre-board, particle board and plywood) in installations with a production capacity equal to or exceeding 25,000 tonnes of product per year;

b) the manufacture of bleached pulp;c) the treatment or protection of wood, involving

the use of preservatives, with a capacity exceeding 10 tonnes per day”.

The usual penalty, appeal and compensationclauses (as appropriate) are included in the Act.

Where, in a case determined on an appeal,permission to develop any land has been refused,or has been granted subject to conditions, and theowner of the land claims that without permissionto develop, it is no longer beneficial to keep theland, they may, within six months after thedetermination, serve a notice on the planningauthority requiring the authority to purchase theirinterest in the land. The Minister for Environmentand Local Government will then instruct theauthority on whether they should comply withsuch a notice. The Minister may grant planningpermission or amend or revoke the conditionsattached to a planning permission in lieu ofinstructing the authority to purchase the land.

6.4.2 Designations under the Local Government(Planning and Development) Acts

Where it appears to a planning authority that anarea should be made an area of special amenity byreason of:a) “its natural beauty; orb) its scenic or other amenities (including

recreational utility, having regard to open character of the area and its position in relation to centres of population or industrial or commercial development)” (Section 42(1) Local Government (Planning and Development) Act, 1963);

the Authority may make an order prohibiting orrestricting development, which is not exempteddevelopment in the area. This would includeafforestation of areas greater than 70 ha andconversion of broadleaf high forest to coniferousspecies. As soon as such an order is made theplanning authority is obliged to publish notice ofthe order in a newspaper circulating in the area inwhich the land is located. The notice must statehow objections may be made within one month.The authority must then send the order and anystanding objections to the Minister forEnvironment and Local Government. If noobjections are made the Minister may refuse orgrant the order, with or without modifications.However, if objections stand the Minister musthold a public inquiry before refusing or confirmingthe order.

Furthermore under the Act, where it appears to aplanning authority that “… it is expedient in theinterests of amenity …” (Section 45(1) Local

Government (Planning and Development) Act,1963) to preserve any tree, trees, group of trees orwoodlands, they may propose an order prohibiting(subject to exemptions for which provision may bemade in the order) the cutting down, topping,lopping or wilful destruction of trees except withthe consent of the planning authority (TreePreservation Order). The authority may also applyto any consent granted under the order and toapplications therefore, any of the provisions of theAct relating to permission to develop land. Thisincludes the obligation of a planning authority toacquire land in certain cases at the request of theowner where permission to develop has beenrefused. Perhaps the most notable applicationunder this provision was that in which WicklowCo Council was granted £400,000 by the Ministerfor Agriculture to purchase a protected mature oakwood in Coolattin, Co Wicklow in 1994 (Hickie,1997).

Any person who suffers damage due to the makingof a tree preservation order shall on application tothe authority in the prescribed manner be entitledto compensation. However, compensation shallnot be payable where the order declares that treesnot comprised in woodlands (single trees or smallcopses of) are of special amenity value or specialinterest, or in respect of replanting conditions. It isperhaps significant that the term ‘woodlands’ asused in this Act is not defined. Thus, it appearsthat under the amenity provisions of this Act aplanning authority could make an order severelyrestricting or prohibiting silvicultural operationssuch as thinning, respacing or clearfelling.

The Local Government (Planning andDevelopment) Act, 1963 was amended many timesby succeeding acts. The first of these, the LocalGovernment (Planning and Development) Act,1976, provided for the establishment of a board,An Bord Pleanála, to whom appeals under theprincipal (the Act of 1963) Act could be made. Byvirtue of the 1976 Act, a planning authority maydesignate an area of special amenity where theyfind a need for nature conservation in the area.The Local Government (Planning andDevelopment) Act, 1990 provided for the paymentof compensation due to loss suffered as aconsequence of a tree preservation order being inplace. However, where trees, not comprisingwoodlands, were deemed in the order as being ofspecial amenity value or special interest nocompensation shall be payable nor shall it bepayable in relation to a replanting [reforesting]condition. No compensation shall be payable in

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of the observations, the planning authority maymake the order, with or without modifications ordecline to make the order. Before making suchorders the planning authority are obliged by theAct to consult with any state authority where itconsiders that an order relates to their functions.This implies that if forestry development isrestricted by such an order the Minister withresponsibility for forestry should be consulted.However, the Act does not state what power theMinister with responsibility for forestry has ifhe/she is opposed to the making of such an order.

Where it appears to a planning authority that it isexpedient in the interests of amenity or theenvironment, to make provision for thepreservation of any tree, group of trees orwoodlands, they may make an order preserving thetrees (Tree Preservation Order). Such an ordermay prohibit (subject to any conditions orexemptions) the cutting down, lopping or wilfuldestruction of the trees and require the owner oroccupier of the land affected to enter into anagreement to ensure the proper management of thetrees, subject to the planning authority providingassistance, including financial assistance, towardsthe management. Where a planning authorityproposes to make, amend or revoke a treepreservation order (TPO) they must first serve anotice on the owner and occupier of the land andpublish a notice of the proposed TPO in at leastone newspaper circulating in the functional area ofthe authority. Such notices should indicate thatobjections should be made within six weeks.Although the planning authority must consider anyobjections made, the right to appeal their decisionon a TPO no longer exists. Even though financialassistance may be obtained from a planningauthority for the management of protected trees,no compensation is awardable in respect ofdiminution of interest under the new Act.

6.7 Planning and Development Act, 2000

Although the Planning and Development Act 2000has been passed by the Oireachtas and repealsalmost all provisions of the Local Government(Planning and Development) Acts, 1963 to 1999many of the provisions included in it have not yetcome into force (Hession pers. communication,2000).

6.7.1 Permission to develop

For the purposes of the Planning and DevelopmentAct, 2000 “development consisting of the thinning,felling and replanting [reforesting] of trees, forestsand woodlands, the construction, maintenance andimprovement of roads serving forests andwoodlands and works ancillary to thatdevelopment … (bridges and culverts)… notincluding the replacement of broadleaf high forestsby conifer species,” are classified as exempteddevelopment (Section 4(1) Planning andDevelopment Act, 2000). Thus, no planningpermission is required by either public or privateforest owners in respect of any of thesedevelopments. Afforestation and the developmentof buildings for the purposes of forestry are nolonger exempted development. However thethreshold for which permission shall be requiredfor new forestry developments has not yet beendecided (Kelly pers. communication, 2000).Currently the Forest Service voluntarily informsplanning authorities of all proposed grant-aidedforestry developments.

On application in the prescribed form to a planningauthority for planning permission the authoritymay refuse permission or grant permission subjectto certain conditions. The usual provisions inrelation to penalties, appeals and compensationsare contained (as appropriate) in the Act.

The Act also contains a proviso requiring thatplanning permission for all proposeddevelopments, identified by the EuropeanCommunities (Environmental Impact Assessment)Regulations and amending regulations, or asspecified by the Minister for the Environment andLocal Government, must be accompanied by anEIS. At the request of an applicant, the Boardmay, having afforded the planning authorityconcerned an opportunity to furnish observationson the request and where the Board is satisfied thatexceptional circumstances so warrant, grant, inrespect of a proposed development, an exemption

for the requirement to submit an EIS with anapplication for planning permission. The Act also provides that the Minister for theEnvironment and Local Government may byregulation provide that the provisions of this Actshall not apply to any specified class ofdevelopment being carried out by or on behalf of aState authority where a State authority is defined inthe Act as being either a Minister of theGovernment or the Commissioners of PublicWorks in Ireland. Hence, the Minister for theEnvironment and Local Government could declarethat if the Minister with responsibility for forestrywished to carry out any afforestation, regardless ofsize, it would not require planning permission.

6.7.2 Designations under the Planning andDevelopment Act, 2000

The Planning and Development Act, 2000 containsprovisions for the establishment of Areas ofSpecial Amenity. These may be promoted by aplanning authority or by the Minister for LocalGovernment and Environment. Ordersdesignating such areas should specify the degree ofprevention or limitation of development in thearea. Contrary to provisions of previous Acts(Local Government (Planning and Development)Acts), there is no proviso that exempteddevelopment will not be restricted in Areas ofSpecial Amenity and theoretically, thinning,felling, reforestation and construction of forestroads may now be restricted in affected areas.Notices of proposed Areas of Special Amenitymust be published in at least one newspapercirculating in the locality of the area stating thatobjections may be made to planning authorities.Where objections are made, the Board must holdan oral hearing and then confirm the order, with orwithout modifications from the proposal or refuseto confirm the order.

Another type of designation that may be made bya planning authority is that of a LandscapeConservation Area, in order to preserve thelandscape. The Minister for Environment andLocal Government may prescribe that exempteddevelopment as defined by this Act or byregulations made under the Act shall not beexempted development for the purposes of theseareas. Before making an order of this variety theplanning authority shall publish a notice in at leastone newspaper circulating in the locality statingthat observations may be submitted to them withinsix weeks. After this period and on consideration

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An inspector from the Health and Safety Authoritymay revise these statements. Self-employedpersons (for example private contractors) mustalso prepare a safety statement. All employersmust bring the safety statement to the attention oftheir employees and other persons at the place ofwork.The Act also imposes a duty on every employerand self-employed person to carry out theirundertakings in a manner that does not put thehealth and safety of the public (persons other thantheir employees) at risk. It is also their duty toprovide the public with information about suchaspects of the way they conduct their undertakingsas might affect their health and safety, in theprescribed manner in certain prescribedcircumstances. This would imply that forestersshould alert the public towards such practices asharvesting operations and the use of chemicals inthe forest.

Furthermore, where someone has control over anon-domestic premises, means of access to thepremises, or articles or substances present on thepremises, they are obliged under the Safety,Health and Welfare at Work Act to ensure, in sofar as possible, that nothing in their control is arisk to the health and safety of other persons(including self-employed persons) working on thepremises who are not under their employment.This obligation would extend to privatecontractors working in a forest.

On the other hand, the Act imposes a duty onemployees towards their employers to:• take reasonable care of themselves and their

work-mates;• co-operate with their employers;• make proper use of any protective appliances,

clothing and equipment supplied; and• report without delay, any defects noticed in

plant, equipment, place of work or system of work that might endanger the health and safety of others.

Where an Inspector from the Health and SafetyAuthority is of the opinion that activities are beingcarried out in such a manner that they pose a riskto health and safety, they may instruct a person incharge of the activities to submit to them animprovement plan, specifying the remedial actionsthey propose to take to minimise the risk, within aspecified time. Where a person is contraveningany of the relevant statutory provisions or hasfailed to comply with a direction associated withan improvement plan an Inspector may serve a

written notice on them instructing them to rectifythe alleged contravention within a specifiedperiod. Furthermore, if an Inspector suspects thatactivities being carried out are a serious threat tothe health and safety of others he/she may serve anotice (prohibition notice) on the person in charge,identifying the activity and instructing the personto cease the activities until the problem is rectified.This implies that if an Inspector is of the opinionthat a forest operation such as a thinning operationis not being carried out in a safe manner he/shecould prohibit the forest manager from carryingout that activity until the Inspector is satisfied thatthe problem impinging on the safety of theoperation is rectified. Furthermore, if the Inspectorconsiders the threat to safety so serious, he/shemay apply to the District Court for an orderrestricting or prohibiting access to the place ofwork until such a time as the threat is eliminated.

It would be in the best interest of every forestowner to prepare a safety statement and to ensurethat individuals working in their forests have beentrained in the job which they are performing. Thuspersons using chainsaws should be the holders ofNational Proficiency Tests Council Chain SawCertificates. In this manner, in the eventuality ofan accident occurring in the forest, the owner canshow that he/she was conscious of his or herobligations under the Safety, Health and Welfareat Work Act.

Furthermore, forest owners should ensure that anycontractors that they employ are insured againstaccidents in the forest and that Pay Related SocialInsurance is paid for any persons directly undertheir employment. Forest owners should alsocarry Public Liability Insurance to coverthemselves against any claims that may arise dueto accidents involving trespassers, recreationalusers or visitors to the forest.

7.3 Occupiers Liability Act, 1995

The following provisions were enacted on the 17thof June 1995 to amend the law relating to theliability of occupiers of premises (including land)in respect of dangers existing on such premises forinjury or damage to persons or property while onsuch premises and to provide for connectedmatters.

For the purposes of this Act;• “Damage” includes loss of property and injury

to an animal;

7. MISCELLANEOUS

Some other legislation that impinges on differentaspects of forestry but that has not been addressedin the foregoing chapters is described below.

7.1 Local Government (Water Pollution) Acts,1977 and 1990

Under the Local Government (Water Pollution)Acts, a person may not intentionally permit anypolluting matter to enter waters. “Waters” aredefined in the Act as including:a) “any (or any part of any) river, stream, lake,

canal, reservoir, aquifer, pond, watercourse or other inland waters, whether natural or artificial;

b) any tidal waters; andc) where the context permits, any beach, river

bank and salt marsh or other area which is contiguous to anything mentioned in paragraph (a) or (b), and the channel or bed of anything mentioned in paragraph (a) which is for the time being dry, but does not include a sewer”

(Section 1 Local Government (Water Pollution)Act, 1977). “Polluting matter” is defined in the Act of 1977 asbeing “any poisonous or noxious matter, and anysubstance, the entry or discharge of which, intoany waters is liable to render those or any otherwaters poisonous or injurious to fish, spawningground or the food of any fish, or to injure fish intheir value as human food, or to impair theusefulness of the bed and soil of any waters asspawning grounds or their capacity to produce thefood of fish or to render such waters harmful ordetrimental to public health or to domestic,commercial, industrial, agricultural or recreationaluses” (Section 1, Local Government (WaterPollution) Act, 1977). This implies that pollutingmatter could include silt, organic matter,fertilisers, herbicides, pesticides and oil.Prosecutions for offences of this nature may betaken by anyone. As well as incurring the usualpenalties for committing an offence of this naturein the past offenders have also had to incur thecosts of restocking rivers subsequent to beingcharged with polluting them. Furthermore, underthe Act of 1977 where a person accidentallycauses polluting matter to enter waters and doesnot immediately report the accident to their localauthority they may be guilty of an offence.

7.2 Safety, Health and Welfare at Work Act,1989

The Safety, Health and Welfare at Work Act,1989, was enacted on the 19th of April 1989 tomake further provisions for securing the healthand safety of persons at work and for protectingothers against risks to safety and health inconnection with the activities of persons at work.It also provides for the establishment of a nationalauthority for occupational safety and health(Health and Safety Authority).

Under Section 6 of the Act, it is the duty of allemployers to ensure the safety health and welfareof their employees at work in so far as isreasonably possible. This duty in particularincludes:• the design, provision and maintenance of the

workplace in a manner that is safe and without risk to health;

• the design, provision and maintenance of safe means of access to and from the workplace;

• the design, provision and maintenance of the plant and the machinery in it, in a manner that is safe and without risk to health;

• the provision of systems of work that are planned and maintained so as to be safe and without risk to health;

• the provision of such information, instruction, training and supervision as is necessary to ensure the safety and health of the employees at work;

• the provision and maintenance of such protective clothing and equipment as may be necessary to ensure the safety and health of the employees at work;

• the preparation and revision of plans to be followed in the eventuality of an emergency; and

• the obtaining, where necessary, of the services of a competent person for the purpose of ensuring the health and safety of the employees at work.

Furthermore, every employer must prepare orcause to be prepared a safety statement, specifyingthe manner in which the safety, health and welfareof their employees shall be secured while at work.Areas that should be addressed by such statementsinclude, the arrangements made and the resourcesprovided to ensure the health, safety and welfareof the employees, the co-operation required fromthe employees to ensure their health, safety andwelfare, and details of the personnel who havebeen assigned tasks by the statement.

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taken all reasonable care in the circumstances(including checking on the competency of thecontractors). However, this provision does notapply where the occupier has or should haveknowledge of the fact that the work was notproperly done.

7.4 Roads Act, 1993

The Roads Act, 1993 only relates to public roadsand therefore the provisions contained in the Actdo not apply to private forest roads.Under the Roads Act, 1993 a road authority, that isthe National Road Authority or a local authority, isempowered to make an order designating anyroad, over which a public right of way exists, apublic road. This implies that if a public right ofway exists on a private forest road, a roadauthority could designate the road as a public road.

Where a road authority is of the opinion that a tree,shrub or hedge is a hazard to users of a publicroad, they may serve a notice on the owner oroccupier of the land on which the tree, shrub orhedge is standing instructing them to fell or lop thetree, shrub or hedge. If the authority considers thesituation as being an immediate danger to users ofthe public road or where an occupier fails tocomply with such a notice they may enter the landand carry out whatever works they deem necessaryto prevent the danger. It is not necessary to obtaina felling licence to fell a tree when complying withsuch a notice.

Road Authorities are empowered under the RoadsAct to drain any land for the purposes of keepingwater off a public road. They may also use anyland for the temporary storage of any materialrequired for the maintenance or construction of apublic road.

Where water, soil or other material is coming fromany land onto a public road, a Road Authority mayserve a notice on the occupier of the landinstructing them to carry out mitagatory works.Furthermore, it is an offence under the Roads Actto scour, deepen, widen or fill in an existing drain,or excavate a new drain, or interfere with a bridge,culvert, retaining wall or other structure providingsupport to a public road within 15 m from a publicroad without prior consent from the appropriateRoad Authority.

7.5 Legislation regulating haulage

Under the conditions of the Road Transport Acts1932 to 1999, every person who carries or haulsgoods as a business must hold a road freighttransport licence. Thus, anyone who wishes tohaul timber within the state must be the holder ofa road freight transport licence. There are twotypes of haulage licences national andinternational. These are both issued by the RoadHaulage Division of the Department of PublicEnterprise. If a haulier only intends to carry on ahaulage business within the State, he/she requiresa national road freight transport licence. However,if a haulier intends to carry on business within andbetween member states of the European Union(this includes Northern Ireland) he/she will needan international road freight licence. It is aprerequisite for both types of licence thatbusinesses require a transport manager (Certificateof Professional Competence (CPC) holder). Anational CPC will suffice for a national freighttransport licence but for an international licence,the transport manager must hold an internationalCPC. To satisfy the requirements for obtaining acarrier’s licence the applicant must:a) be of good repute;b) satisfy professional competence (hold a CPC);c) be of appropriate financial standing (must

have, at least, €9,000 for the first vehicle with a maximum authorised weight in excess of 3.5 tonnes and €5,000 for each additional vehicle to be authorised for use under the licence).

Licences are issued with a transport disc for eachvehicle authorised for use under the licence.Transport discs must always be clearly visible onthe vehicle and may only be used for the vehiclefor which they are issued. International licencesare issued with a certified copy of CommunityAuthorisation for each vehicle. Copies ofCommunity Authorisation and licences should becarried for inspection by the haulier at all times.Failure to carry the required documents couldresult in a fine, or impounding of the vehicle orboth.

7.5.1 European Community (Vehicle Testing)Regulations, 1991.

Under these regulations all heavy goods vehiclesmust undergo the Department of Environment(DOE) test every year to ensure that they are roadworthy. It is illegal to use vehicles which have notpassed the DOE test in timber haulage operations.

• “Danger”, in relation to any premises, means danger due to the state of the premises;

• “Entrant”, in relation to a danger existing on premises, means a person who enters on the premises and is not the sole occupier;

• “Injury” includes loss of life, any disease and any impairment of physical or mental condition;

• “Occupier”, in relation to any premises, means a person exercising such control over the state of the premises that it is reasonable to impose on that person a duty towards an entrant in respect of a particular danger on the premises. Where there is more than one occupier, the extent of the duty of each occupier towards the entrant depends on the degree of control each of them has over the state of the premises and in particular the danger on it and whether, as respects of each of them, the entrant concerned is a visitor, a recreational user or a trespasser;

• “Premises” includes land, water and any fixed and moveable structures thereon and also includes vessels, vehicles and other means of transport;

• “Recreational user” means an entrant who is present on the premises without charge (other than a parking fee) with or without the occupiers consent, but not including an entrant who is present and is-

a) a member of the occupiers family who normally resides on the premises;

b) an entrant who is there on the invitation of the occupier or their family;

c) an entrant who is present with the permission of the occupier or their family for social reasons connected with the person who invited them.

• “Trespasser” means an entrant other than a recreational user or visitor;

• “Visitor” means –a) an entrant, other than a recreational

user, who is present on the premises at the invitation, or with the permission of the occupier or any other entrant specified in (a), (b) or (c), above;

b) an entrant other than a recreation user, who is present on the premises by virtue of an expressed or implied term in a contract;

c) an entrant as of right; ord) an entrant whose presence on the

premises has become unlawful after their entry and who is taking reasonable steps to leave.

Occupiers are obliged by this Act to extend “…the duty of common care…” (Section 3(1)Occupiers Liability Act, 1995) to visitors on theirpremises. In other words, occupiers must take allreasonable steps to ensure that a visitor to theirpremises does not suffer injury or damage byreason of any danger existing on the premises.

A forest owner may by express agreement ornotice restrict, modify or exclude this dutytowards visitors. This implies that occupiers offorest land should inform the public of anyoperations such as harvesting or the use ofchemicals that are occurring in the forest thatmight jeopardise the safety of a visitor to the forestsuch as harvesting or spraying of chemicals. Anysuch notices must be readily visible to visitors andshould be placed at the normal entrances to theproperty. Such agreements or notices do not allowan occupier to injure or damage the property of avisitor intentionally or to act with reckless regardfor the visitor. In the eventuality of damage orinjury being caused to a visitor or their property,by a danger of which the visitor has been warned,the warning is not to be treated as absolving theoccupier from liability unless, in allcircumstances, it was sufficient to enable thevisitor to avoid the injury or damage that wascaused. This latter may only be decided by a courtof law.

In the case of recreational users or trespassers on apremises, under the Act the occupier of thepremises owes them a duty, not to injure theperson or damage their property intentionally, andnot to act with “reckless disregard” for the personand the property of the person (Section 4(1)Occupiers Liability Act, 1995). An example ofreckless disregard might be where “… the dangerwas one against which, in all circumstances, theoccupier might reasonably be expected to provideprotection for the person and the property of theperson…” (Section 4(2) Occupiers Liability Act,1995). An example of such a danger might besomething such as an unguarded silt trap.However, where a person comes on to a forestproperty for the purpose of committing an offence,the occupier may not be liable for a breech of theduty imposed on them under this Act unless acourt determines otherwise.

Furthermore, occupiers may not be liable, underthe Act, for injury or damage suffered by entrantsby reason of a danger existing on the forestproperty due to the negligence of an independentcontractor employed by the occupier if they have

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8. DISCUSSION

8.1 Introduction

At the foundation of the State, the area of landunder Forestry in Ireland was quite small and thelaws impinging upon forest land and forestrypractice were few in number. However, over thepast eighty years as the extent of forestry hasgrown, the laws regulating the practice of forestryhave also become more complex and numerous.This trend has accelerated with the introduction ofEuropean legislation particularly in relation toflora, fauna and the environment. In the course ofthe preparation of this report over fifty pieces oflegislation (Appendix 1) were consulted and manypeople involved in forestry were consulted inrelation to forestry and the law in Ireland(Appendix 2). It is clear that the topic has becomemuch more complex than heretofore, that theremay be several areas of overlap and confusion andthat there may be several areas of activity withinforestry in general where new legal provisionsshould be considered. In this section of the report,an attempt is made to highlight some changeswhich have occurred and to focus attention wherenew provisions should be considered.

8.2 Acquisition of land

Although the Minister is apparently stillempowered by the Forestry Act, 1946 to acquireland by agreement or compulsorily for thepurposes of forestry, the legal provisions that wereput in place by the Forestry Acts of 1946 and 1956to facilitate the compulsory purchase of land havesince been repealed by the Wildlife (Amendment)Act, 2000. Included in these repeals were theprovisions for the creation of rights of way toaccess stands by both the Minister and otherpersons and those relating to the extinguishment ofeasements on land held by the Minister. It isinteresting that provisions relating to compulsorypurchase of land included in the United KingdomsForestry Act, 1967, as amended by the ForestryAct 1981, which are very similar to those includedin our Forestry Acts of 1946, still remain in forcetoday.

Today, compulsory purchase of land for forestrydevelopment seems to be somewhat dated. Overthe last few decades the various Ministers withresponsibility for forestry have disposed of all theland that was held by them for the purposes of the

Forestry Acts (Donovan pers. communication,2001). Thus, it is unlikely that a Minister withresponsibility for forestry would want to enforcetheir powers of compulsory purchase again.Currently, most afforestation is being carried outby Coillte Teoranta and by private managementcompanies on behalf of private individuals. Sucharrangements do not require any legal frameworkfor acquisition of land as no change in landownership occurs. Furthermore, although nationalplanting targets outlined in current forest policy(Department of Agriculture, Food and Forestry1996) are quite ambitious, an accelerated level ofprivate planting is very likely due to the recentchange in Rural Environmental Protection Scheme(REPS) policy. Until last year, farmers were notpermitted to plant land that was to be included inthe land designated for their REPS schemes. Thisdiscouraged farm forestry. Now farmers who areparticipating in REPS may also receive forestrygrants and premiums (although they may notreceive both types of payments in respect of thesame land).

Forest owners will always need a way of gettingtimber from the forest to a road, waterway, railwayor other transportation route. This was recognisedby the Minister for Forestry in 1946 by theaddition of provisions for creating rights of wayover land in the Forestry Act of that year. In somecases, right of way is not an issue as most forestseither border a public road or have land with roadfrontage, which is in the same ownership as theforest. However, where this is not the case a rightof way must be sought to facilitate access to standsof timber. Thus, it may still be necessary to haveprovisions with statutory backing (includingprovisions relating to compensation as haulagecan cause damage to roads or land not designed forsuch purposes) to facilitate the creation of rights ofway for the extraction of timber from forest toroadside. In this manner where a situation arisesconcerning the creation of a right of way over landfor timber extraction there is a clear legalprocedure that may be implemented. Perhapssimilar provisions to those included in the Wildlife(Amendment) Act, 2000 could be amended andadopted for the purpose of creation of right ofways for forestry. Furthermore, it is interestingthat provisions included in the United KingdomsForestry Act of 1967 to facilitate the haulage oftimber from forest to road, waterway or railwaysare still in force today.

Also repealed by the Wildlife (Amendment) Act,2000 were those provisions contained in the

7.5.2 Road Traffic (Construction, Equipmentand use of Vehicles) Regulations, 1963 to 2000

These regulations specify the maximum weightsand dimensions for heavy goods vehicles. Theyalso specify the measure by which a load of timbermay overhang a vehicle (the distance that thetimber may exceed the vehicle in length).

Currently there are no restrictions on the height ofa load of timber, which is interesting from thepoint of safety of road users.

7.6 Non-binding policy and guidelines

Under the Forestry Act, 1946 the Minister withresponsibility for forestry is empowered to grantaid forestry developments by private individuals(including local authorities) “…upon such termsand subject to such conditions as he/she thinksfit”. Currently the Forest Service provides grantaid to many forestry developments includingafforestation, forest road developments, urbanwoodland schemes and woodland improvementschemes. Grant aid is given subject to theadherence of the applicant to a suite of fiveenvironmental guidelines and the Code of BestForest Practice. None of these are legally binding.A revamp in Irish forest policy has also occurredin the form of our first National Standard forSustainable Forest Management. This standardaspires towards the sustainable management ofIrish forests and is supported, from a practicalpoint of view, by the guidelines and the Code ofBest Forest Practice.

7.6.1 Irish National Forest Standard

The principle of sustainable forest management(SFM) was adopted by Ireland following theMinisterial Conference on the Protection ofForests in Europe in Helsinki in 1993. A set ofagreed criteria in support of SFM was adopted atthe follow up to the Ministerial Conference inLisbon in 1998. Their adoption formallyrecognised the need to enhance the ecological,productive and social functions of forests and torectify trends away from the maximisation of thesevalues. The Irish National Forest Standardoutlines criteria and indicators relating to theimplementation of SFM on a national level. Thestandard also identifies qualitative andquantitative measures by which progress towardsSFM may be monitored under Irish forestconditions.

7.6.2 Code of Best Forest Practice – Ireland

The Irish Code of Best Forest Practice is the firstof its kind to be produced in Europe. The aim ofthe code is to complement, on an operational level,that of Growing for the Future – A Strategic Planfor the Development of the Forestry Sector inIreland. This aim is “To develop forestry to ascale and in a manner which maximises itscontribution to national economic and social well-being on a sustainable basis and which iscompatible with the protection of theenvironment”. The code describes all forestoperations and the appropriate manner in whichthey should be carried out to ensure theimplementation of SFM.

7.6.3 Forestry and Environment Guidelines

The objectives of this suite of five environmentalguidelines are to improve the environmentalcompliance of forest operations. The suitecontains guidelines on forestry and water quality,archaeology, landscape, biodiversity andharvesting. These guidelines identify how forestoperations can have adverse effects on theenvironment and how such effects can be avoidedand mitigated. The guidelines are the mechanismsby which the Forest Service ensures that theenvironmental aspects of SFM are beingimplemented. Adherence to the guidelines is acondition of grant aid and felling licence approval.

7.6.4 Safety in Forestry Operations

The National Health and Safety Authority havealso produced a set of guidelines in relation tosafety in forestry operations. The guidelines wereproduced to help both employers and employees tomeet their general duties under the Safety, Healthand Welfare at Work Act, 1989. The guidelinescover many aspects of forestry from chainsawoperation to use of pesticides. These guidelinesare not legally binding.

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with responsibility for forestry have been repealedby the Wildlife (Amendment) Act, 2000 and arenow redundant. As it is hard to envisage asituation where the Minister with responsibilityfor forestry would have to enforce his powers ofcompulsory purchase in the future, a new ForestryAct could omit provisions relating to compulsorypurchase. The Wildlife (Amendment) Act, 2000has also repealed the provisions of the ForestryAct, 1946 that facilitated the extinguishment ofeasements on land held by the Minister withresponsibility for forestry. As the Minister withresponsibility for forestry no longer holds any landthese repeals seem to be appropriate and a newForestry Act should reflect this. The provisionsincluded in the Forestry Act, 1946 to facilitate thecreation of rights of way to provide access toforest stands have also been repealed. This seemsto be undesirable and a new Forestry Act couldinclude provisions for the creation of rights of wayto access stands of timber.

8.3 Forest research, development, advisory,training and education

It is clear that under existing legislation at leastthree government departments and one Statecompany are empowered to commission, initiateand carry out forest research. One of these, theForest Service, Department of the Marine andNatural Resources established the NationalCouncil for Forest Research and Development(COFORD) in 1993 under the STRIDE ForestrySub-Programme, a European Union initiative.The STRIDE sub-programme provided initialfunding for the co-ordination of forest research inIreland and the development of a researchprogramme for the forest industry. Subsequentlythe mission of COFORD was set out as follows:

• “Establish and strengthen links between research and industry. Determine forest research needs to maintain international competitiveness, provide sustainable employment, encourage innovation and maintain environmental harmony. Evaluate research progress and transfer technology to ensure maximum benefit” (COFORD 1994).

Thus, at present COFORD is attached to theDepartment of the Marine and Natural Resourcesand the Minister with responsibility for forestry isempowered under the Forestry Act, 1946 tocommission, initiate or carry out forest researchand to publish the results. This mandate is

implemented through COFORD and its researchprogramme (COFORD 1994).

Nothing in the other Acts appears to interfere withthis legal right of the Forest Service, Departmentof Marine and Natural Resources to carry outresearch and development work related to forestryand ancillary activities. Similarly, a range of otheragencies including Forfás, Teagasc, Coillte andthe EPA have a legal right to carry out forestryrelated research. Furthermore, nothing in any ofthe Acts discussed in this chapter appears toprohibit the Forest Service from becomingactively engaged in the promotion of forestry, thepromotion of forest education, forestry advisoryactivities, or the publication of forestry relatedstatistics. The involvement of the Minister and theForest Service in these activities is clearlymandated in the Forestry Act, 1946 “…undertakethe collection, preparation, publication anddistribution of statistics relating to forestry andpromote and develop instruction and training inforestry...” (Section 9(1) Forestry Act, 1946).In addition to carrying out research, some agenciesalso promote education and training. CoillteTeoranta organises training courses to promoteproper and safe use of harvesting equipment suchas forwarders and chainsaws and they also providecourses on safe use of chemicals in the forest.Attendance at these courses is not confined toCoillte personnel but may also include anyonewho intends to work in the forest industry.Furthermore, the National Health and SafetyAuthority have published a set of guidelinespromoting safety in forestry operations.

In addition to its research and advisory functions,the Environmental Protection Agency (EPA) isresponsible for implementing Council Directive90/220/EEC which regulates research involvingGenetically Modified Organisms within theCommunity. The submission of a risk assessmentto the EPA is the only prerequisite of carrying outresearch involving genetically modified trees in acontrolled environment such as a glasshouse orplastic tunnel. However, to carry out field trialsinvolving genetically modified trees requires alicence from the EPA. As of yet no research hasbeen carried out on genetically modified trees inthis country (McLoughlin, pers. communication,2001). Genetically modified organisms aredefined as being any entity, either cellular or non-cellular, capable of replication or of transferringgenetic material in which the genetic material hasbeen altered in a way that does not occur naturallyby mating and/or by natural recombination

Forestry Act, 1946 in relation to theextinguishment of easements on land held by theMinister. As the Minister no longer holds anyland for the purposes of the Forestry Acts there isno longer a need for a legal framework to facilitatethe extinguishment of easements on such land.

Various Ministers for State or public authorities(County Council, Urban Council, National RoadAuthority etc.) are empowered under differentenactments to acquire land compulsorily, if theneed so arises, for the performance of theirfunctions under those enactments. This wouldinclude the compulsory acquisition of land byDúchas for the provision of facilities for visitors tonational monuments and the compulsoryacquisition of land by the National RoadsAuthority for the construction of motorways underthe Roads Act, 1993. Where the case may arisethat a public authority wishes to purchase forestland belonging to either Coillte Teoranta or aprivate land owner and the land owner does notwant to sell, more often or not, there is little theland owner can do to prevent the acquisition.Under the National Monuments Acts, Dúchas maycompulsorily acquire any land in the vicinity of anational monument, which they intend to use forthe provision of facilities in connection with sucha monument. Although the landowner may objectto the Minister for Arts, Culture, Gaeltacht and theIslands against the acquisition, it is the Ministerand not the landowner that decides whether or notthe land is acquired by Dúchas. Althoughlandowners are entitled to compensation, whichmay be fixed on default of agreement byarbitration, a monetary value can not always beplaced on land. Furthermore, where compensationis fixed by arbitration, the arbitrators decision isfinal. Similarly, under the Roads Act, 1993, wherea road authority (National Road Authority or apublic authority) requires land in connection withits functions under the Roads Act and are unable toacquire that land by expeditious agreement it mayapply to the Minister for the Environment andLocal Government for a compulsory purchaseorder. Although the Act contains provisions forthe administration of compensation to personswho suffer due to the making of compulsorypurchase orders it does not include any provisionsto facilitate objections from land owners inrelation to compulsory acquisition. Thus, Dúchasand the National Roads Authority cancompulsorily acquire forest land and pay fixedcompensation to forest owners.

Similarly, under the Wildlife (Amendment) Act,

2000 the Minister with responsibility for wildlifeis empowered to make orders creating rights ofway over any land for the purposes of the WildlifeActs. However, before making an order theMinister must first appoint an arbitrator to hear thecase. This arbitrator must be a barrister orsolicitor of at least seven years standing. In theeventuality of any person objecting to theproposed right of way, the arbitrator will first holda public hearing before confirming or refusing theproposed order. However, where an arbitratormakes the order, the landowner will be responsibleunder the Occupiers Liability Act, 1995 for everyperson who uses the right of way. In many casesthe compensation payable for such a right of waymay be minuscule in comparison to the potentialliability of the owner in the event of an accident toa member of the public using the right of way. Inthis situation a landowner might prefer if the landwas acquired fully in order to provide access.

Where a national monument, NHA or other itemof public interest exists on forested land, but noright of way exists over the land providing accessto the site, the landowner must permit access to theland by any persons authorised under currentlegislation to have access to the site. For example,Dúchas employees are authorised persons for thepurposes of the National Monuments Acts.Whether the general public or anybody other thanpersons authorised by the law have access to theland is completely at the discretion of thelandowner (Shorthall, pers. communication,2001). In the case of forested land being includedin a National Park, the situation is totally different.Nowadays, the National Parks and WildlifeService do not have any powers of compulsoryacquisition. Any land which they do acquire forNational Parks must be acquired by agreement.Where forested land is acquired for inclusion in aNational Park, whether from Coillte Teoranta orfrom a private landowner, such agreements ofteninclude provision for the landowner to retaintimber rights to the land (at least rights to thecurrent rotation). However, such agreements maynot contain provisions that permit the formerlandowner to restrict public access to the forest, asthis would be inconsistent with the concept ofNational Parks (Cunnigham, pers. communication,2001).

8.2.1 The present situation

The provisions that existed to facilitate thecompulsory acquisition of land by the Minister

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These provisions are not reflected in any way inthe Forestry Acts. Although the principal Actpredated the Wildlife Act of 1976, the ForestryAct, 1988, could have incorporated provisions tofacilitate the prevention of damage by protectedanimals and birds.

Under the Forestry Act, 1946 where hares, whichcould be protected under the Game PreservationAct, 1930, were causing damage to trees or plantsthe owner of the infested land could apply to theMinister with responsibility for forestry for aHares (Suspension of Restriction on Destruction)Order permitting them to deal with the problem.This provision has since been repealed by theWildlife (Amendment) Act, 2000. Effectively thismeans that it is now illegal to trap or kill hareseven if they are causing serious damage to trees.Perhaps a similar provision could be contained innew legislation to deal with damage to forest cropscaused by protected animals and birds. Whetherapplications of this nature should be made to theMinister with responsibility for forestry or theMinister with responsibility for wildlife isdebatable as the concerns of wildlife and forestrymay be somewhat conflicting in this situation.

Current wildlife legislation imposes manyrestrictions on the means and methods by whichanimals (protected or otherwise) may be trappedand killed. None of these restrictions are reflectedin the provisions concerning prevention of damageby vermin in current forestry legislation. In the1946 Act it specifies that a Hares (Suspension ofRestriction on Destruction) Order rendered itlawful, “…notwithstanding anything contained inthe Game Preservation Act, 1930…” (Section59(1) Forestry Act, 1946), for authorised personsto take and destroy hares on infested land. If itproves too cumbersome to outline and incorporateall the restrictions contained in the wildlifelegislation on trapping and killing vermin that aredamaging trees and plants into revised forestrylegislation perhaps a statement of a similar natureto that contained in the Forestry Act, 1946 couldbe adopted i.e. “... Notwithstanding anythingcontained in the Wildlife Acts 1976 and 2000 itshall be lawful to take and destroy vermin oninfested land…”.

Trespass by domestic stock frequently causesmajor difficulties in forest plantations. Both sheepand cattle often break into land containing youngcrops and cause damage by browsing on andtrampling the plants. Currently there are nomeasures in force to instruct people how to deal

with this problem. In reality, this is a civil matter.Where animals break onto land and damage crops,the Gardaí appear to be powerless unless they areacting on a Court order, and may only impoundanimals straying in public places such as a publicpark or public road (McCarthy, pers.communication, 2001). Although it is not acriminal offence to permit animals to trespass ontoa neighbours land, landowners can recoup costs ofany damage caused by trespassing animals underthe Civil Liability Act, 1961 (Crean, pers.communication, 2001).

8.4.2 Flora

Currently, under the Wildlife (Amendment) Act,2000 it is an offence to plant or otherwise cause togrow any exotic species of flora, or the flowers,roots, seeds or spores of exotic flora otherwisethan in accordance with a licence granted by theMinister with responsibility for wildlife. As theMinister with responsibility for forestry isresponsible for implementing the ForestReproductive Material Directives (1999/105/EC)it seems reasonable to suggest that he/she shouldalso be responsible for the granting of licences inrelation to exotic forest species. Regardless ofwhich Minister should have responsibility for thegranting of these licences, the fact that they arenecessary should at the very least be highlighted inforestry legislation. Obligations which must beobserved (such as the prohibition to import anybark unless it has been sterilised) under both theForest Reproductive Material Directives(66/404/EEC and 71/161/EEC) and Plant HealthDirective (77/93/EEC) should also be addressed inforestry legislation.

Under the 1946 Forestry Act the powers that wereheld by the Minister with responsibility forforestry in relation to the Destructive Insects andPests Acts, 1877 to 1929 were transferred to theMinister for Agriculture. Similarly, the Ministerfor Agriculture is responsible for enforcing thePlant Health Directive (2000/29/EC) in so far as itrelates to forest species, although in practice this isenforced by the Forest Service. In the wake of thefoot and mouth crisis it is questionable whether theMinister for Agriculture would have the power toban all movement of timber in and out of thecountry or within the country in the event of aserious pest or disease outbreak. This appears tobe feasible under current plant health legislation.It is interesting that when faced with a seriousoutbreak of European Spruce Bark Beetle

(Article 3(1) Genetically Modified OrganismsRegulations, 1994). Research involvingvegetative propagation methods such as cloning orresearch involving cross-pollination betweenspecies does not require a licence from the EPA.


The involvement of the Minister withresponsibility for forestry and subsequently theForest Service, Department of the Marine andNatural Resources in relation to forest research,development, advisory, training and education isclearly mandated by the Forestry Act, 1946.Although many other Government Agencies areempowered under different Acts of the Oireachtasto carry out forest research, development,advisory, training and education, nothingcontained in any of these Acts seems to diminishthe powers of the Minister with responsibility forforestry in relation to these activities. The currentprovisions of the Forestry Act, 1946 which relateto such activities therefore seem quite adequate tomeet current and future needs, although a statutorybasis for COFORD similar to that of the EPA andthe Marine Institute would be advantageous.

8.4 Flora and fauna

8.4.1 Fauna

In reality, the wildlife legislation in position untilthe passing of the Wildlife (Amendment) Act,2000 did not significantly impact on forestry inthis country. However, the stronger statutorybacking of NHAs that came into force with theWildlife (Amendment) Act, 2001 and theincreasing area of forest land that is beingdesignated into NHAs could have substantialimplications for forest management in the country.Management for wood production may continuein some areas designated for conservation (NHAs,Nature Reserves), but this may be subject toconstraints or special practices. Species selectionmay be restricted to native or otherwise approvedspecies, and operations such as harvesting andchemical usage may be restricted or prohibited(Forest Service 2000).

On establishment of an NHA, the Minister withresponsibility for wildlife may list a number of“works” that may be prohibited in the area. Thislist may include any activity such as drainage, soil

cultivation, felling, fertiliser usage or use ofpesticides. The Wildlife (Amendment) Act, 2000also specifies that works, which are classified asexempted development under the Planning andDevelopment Act may also be restricted withinthese areas. That is to say, works or developmentswhich do not require either planning permission orenvironmental impact assessment, such asreforestation, thinning of stands and forest roadconstruction and maintenance. According to thenew legislation, it is an offence to carry out anyworks that are prohibited in an NHA and personsresponsible for carrying out prohibited works canalso be instructed to restore land to its formerstatus at their own cost. Where thinning or fellingis prohibited in an NHA this may haveimplications on the granting of general fellinglicences. Although the Forest Service makesrecommendations on felling in NHAs toapplicants when granting felling licences, where astand situated in an NHA is thinned under theauthority of a general felling licence and thinningis prohibited by the Minister with responsibilityfor wildlife in that area, the person responsible forthinning the stand is committing an offence underthe Wildlife (Amendment) Act, 2000. In thisinstance, it is also possible that the Forest Servicecould be an accessory in the offence. However,where restrictions are placed on the use of normalcultural practices associated with the working ofland within an NHA, landowners may be entitledto compensation because of the restrictionsimposed.

Although current forestry legislation includesprovisions to facilitate the prevention of damage toforest crops by wild animals, these are no longeradequate to serve the purpose for which they wereintended. Firstly, forestry legislation does notincorporate any provisions in relation to control ofdamage caused by wild birds. Wild birds such asstarlings can be a major problem in many youngforest plantations. Furthermore, deer and redsquirrel, which were classified as vermin under theForestry Act, 1946 are now protected speciesunder the Wildlife Acts. It is an offence under theWildlife Act 1976 to intentionally kill, hunt orinjure a protected animal unless under and inaccordance with regulations made by the Ministerwith responsibility for wildlife. Currently inaccordance with the provisions laid down in theWildlife Acts, where a protected wild bird oranimal is causing damage to a forest crop theowner or occupier of the infested land may applyto the Minister with responsibility for wildlife fora permission to trap or kill the birds or animals.

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The Forest Service grants some private ownerswith large forest estates general felling licences.General felling licences confer a right on thelicensee to fell trees on their estate in accordancewith the practice of good forestry. Applicationsfor general felling licences must include aharvesting programme specifying the work thatshould be carried out under the onus of the licence(Donovan, pers. communication, 2001). Thelicence is then only valid for that work and so mustbe renewed periodically. Replanting conditionsare attached to all general felling licences and suchreplanting must be carried out on the land whichhas been cleared. Where forestry has provenunprofitable on any land, for example on a blanketpeat site, it would be unwise to include such landin an application for a general felling licence as theland would have to be replanted after clearfelling.In this case, the sensible thing to do would be toapply for a limited felling licence in respect of theland, as the Minister with responsibility forforestry has the discretion to grant limited fellinglicences without replanting conditions.

It should be noted that under the Wildlife(Amendment) Act, 2000 the Minister withresponsibility for wildlife is empowered toprohibit any activity in a Natural Heritage Area(NHA) that, in his/her opinion, might compromisethe integrity of that area. Such activities caninclude everyday forest operations such asthinning, roading and extraction of timber. It is anoffence under the Act to carry out a prohibitedactivity without the permission of the Ministerwith responsibility for wildlife. This implies thateven though a person may be felling trees underthe onus of a licence granted under the ForestryAct, 1946 they may still be committing an offenceunder the Wildlife (Amendment) Act, 2000.Furthermore, in theory the Forest Service couldalso be implicated in the offence (Donovan, pers.communication, 2001). Thus, it appears that theWildlife (Amendment) Act, 2000 takesprecedence over the Forestry Act, 1946 in relationto felling trees in a Natural Heritage Area.

At present, under current forest legislation, forevery general felling licence granted there is acondition attached requiring the licensee toreforest the clear land to the satisfaction of theMinister with responsibility for forestry. In someinstances, land which is unsuitable for forestry hasbeen replanted. Where a first rotation has provenunprofitable on a piece of land or unsightly from alandscape point of view, surely it would not be inthe public interest to attach a replanting condition

to the felling licence. Perhaps in such cases thelicensee should be allowed to replace the trees thathave been felled on a more suitable piece of land.This is an issue that could be addressed in anyreview of the current legislation.

In relation to forest harvesting it is worthy of notethat under the Forestry Act, 1946, the Ministerwith responsibility for forestry is empowered to“undertake the collection, preparation, publicationand distribution of statistics relating to forestry…”(Section 9(1) Forestry Act, 1946). If the Ministerexercised this power in declaring harvestingreturns (including information such as volumeremoved, average dbh, species and yield class) aprerequisite to felling licences this would permitharvest statistics to be recorded and collated on anational basis. This data would be very useful asthe annual harvested yield could then be comparedwith production estimates. This suggestion wasone of the recommendations of Gallagher andO’Carroll (2001).


Any review of the current legislation in relation tothe felling of trees should abolish theunconditional attachment of replanting conditionsto general felling licences and impose an onus onrecipients of felling licences to furnish theMinister with responsibility for forestry withharvesting returns to facilitate collation of harveststatistics.

8.6 Planning

At present the parts of the Planning andDevelopment Act, 2000 that relate to forestdevelopment have not come into force. Theseinclude:• the new provisions establishing an obligation

to obtain planning permission for afforestation developments less than 70 ha in size;

• the new provisions establishing Areas of Special Amenity;

• the new provisions establishing Landscape Conservation Areas;

• the new provisions regarding Tree Preservation Orders.

The relevant provisions of the Local Government(Planning and Development) Acts, 1963 to 1999still apply to forestry development in the State.Although initial afforestation under 70 ha will nolonger be exempted development under the new

(Ips typographus L.) a few years ago, the ForestryCommission in Great Britain passed emergencylegislation to control the felling and movement oftimber within the affected areas of the State(Gregory, pers. communication, 2001). Althoughthe Minister for Agriculture would almostcertainly consult with the forestry authoritiesbefore making any such decisions, it would appearthat the responsibility in relation to forest speciesshould lie with the forest authorities in the firstplace.

The current legislation, which regulates planthealth in this country, appears to be adequate tocater for foreseeable contingencies. However, themain threat to forest protection in the communityat the moment is not from imported sawn timber orroundwood but from timber packaging onimported goods. Emergency legislation iscurrently in preparation by the EuropeanCommission in Brussels and it is expected to be inforce in this country by late 2001 (Cahalane, pers.communication, 2001).

Under current wildlife legislation, persons are notpermitted to burn vegetation growing onuncultivated land within one mile of a wood unlessthe wood belongs to them. If the wood is not theirproperty, they must notify both the owner of thewood and the Gardaí before they may burnvegetation. However, it is generally forbidden toburn vegetation on any uncultivated land between31st of March and 31st of August in any year.Where a Minister of the Government or, acompany set up under statute (which wouldinclude Coillte Teoranta) needs to burn vegetationon uncultivated land during the closed season forreasons of public health or safety, they may applyto the Minister with responsibility for wildlife fora consent to do so. This would apply to theburning of vegetation by a company such asCoillte Teoranta on uncultivated land forfirebreaks. However, private owners such asfarmers do not seem to have this privilege.Furthermore, the legislation only prohibits theburning of vegetation which, is growing onuncultivated land, therefore it appears permissibleunder the legislation to burn lop and top between31st of March and 31st of August (Hayes, pers.communication, 2001).


The provisions that were established by theForestry Act, 1946 to control damage by wildanimals on forested land are no longer adequate.

Provisions to control damage by both wild birdsand animals including protected wild birds andanimals should be included in a new Forestry Act.Currently the legislation, which was put in place todeal with trespassing domestic stock, isinsufficient to control the problem. No referenceis made in the 1946 Forestry Act in relation tosuch trespassing. Provisions to facilitate thisproblem should also be included in a new ForestryAct. Under the Wildlife (Amendment) Act, 2000it is unlawful to import an exotic species of floraunless under and in accordance with a licencegranted by the Minister with responsibility forwildlife. This obligation should be reflected inforest legislation. Furthermore, the provisions thatdeal with the burning and grubbing of vegetationon uncultivated ground that were incorporated inthe Wildlife Acts, 1976 and 2000, which replacedthose of the Forestry Act, 1946 seem to beadequate and should be incorporated in anyamendment to the current forestry legislation.

8.5 Felling licences

Every tree owner must apply to the Forest Servicefor a felling licence if they wish to fell any treeover ten years of age that is not specified in theForestry Act, 1946 to be exempt from requiring afelling licence. Such trees would include treesstanding in an urban district, trees which are beingfelled under Section 70 of the Roads Act, 1993 orSection 98 of the Electricity Supply Act, 1927 ortrees standing within 100 feet of a building.Limited felling licences may incorporateconditions. Such conditions might impose an onuson the applicant to replant trees. Although sometrees specified as “exempted trees” under theForestry Acts require felling licences, the Ministermay only grant unconditional licences (licenceswith no conditions attached) in respect of suchtrees. These trees include trees that are dead orirremediably damaged and trees which are beingfelled with the intention of using the timber forfuel, fencing or construction on the same holdingas that on which the tree stands. This implies thatif a farmer wished to fell trees on his farm forfencing or firewood he/she would not have toreplant other trees in their place. However, thisdoes not mean to say that farmers may exploit thissituation by harvesting the entire plantation forhis/her own use after receiving grants andpremiums. The farmer needs to lodge a fellingnotice for exempted trees including an explanationfor felling. In addition, prohibition orders can stillbe lodged against exempted trees.

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request that the planning authority purchase theland on which the trees are standing in lieu ofgranting permission to fell. In this manner, theplanning authority can ensure that the trees arepreserved. As previously mentioned Wicklow CoCouncil were forced, under current legislation topurchase a protected oak wood on Coolattin Estatein 1994. However, when the provisions containedin the Planning and Development Act, 2000 thatrelate to TPOs come into force the legalframework that exists under current legislation toprotect the interests of the owner of trees subject toa TPO will be repealed. Firstly, under the newlegislation the right to appeal an order designatinga TPO will be abolished. Secondly, although thenew legislation provides for managementagreements, which can incorporate financialassistance, regarding TPOs, the Act contains noprovisions to facilitate the payment ofcompensation by a planning authority to the ownerof trees affected by preservation orders. Theprovisions relating to the purchasing of land by aplanning authority in lieu of granting permissionto fell preserved trees will also be repealed. Infuture where an owner desires compensationsubsequent to the making of a TPO he/she will beobliged to bring a civil case against the planningauthority. Furthermore, there is no reference toTPOs in the current forestry legislation andperhaps there should be, considering that there isno restriction in the planning legislation on theamount of trees or the area of land involved thatcan be preserved by a TPO. It is interesting thatthe British Forestry Acts contain provisions tofacilitate the granting of felling licences in respectof trees that are subject to preservation orders.


The existing forest legislation does not addressany of the planning issues that impact on forestryin this country. Even though it might beimpractical to include provisions relating toplanning permission, Areas of Special Amenity orLandscape Conservation Areas in forestrylegislation provisions relating to the managementof preserved trees and woodlands could beincluded in any review of the current ForestryActs.

8.7 Grants and premiums

The Minister with responsibility for forestry isempowered under current legislation to grant aidforestry developments “…upon such terms andsubject to such conditions as he/she thinks fit,”(Section 9(1) Forestry Act, 1946). This impliesthat the Minister is perfectly entitled to grant aidafforestation developments subject to compliancewith the Code of Best Forest Practice and the suiteof Forest Service Environmental Guidelines orany other guidelines which he/she deemsnecessary, without needing additional legislationto do so.

Act, the exact level of afforestation for whichplanning permission will be required is still underconsideration (Kelly, pers. communication, 2000).

The current legislation states that “developmentconsisting of the use of any land for the purpose ofagriculture or forestry and development consistingof the use for any of those purposes of anybuilding occupied together with land so used”does not require planning permission (Section 4(1)Local Government (Planning and DevelopmentAct, 1963). However, the extent to whichbuildings used in connection with forest land, areexempt from the requirement of planningpermission is unclear. The provision of toiletsdefinitely requires planning permission as theyincorporate septic tanks and it is likely thatlandfills, radio masts and other such developmentsall require planning permission. However itappears, in some areas, that sheds intended for thestorage of equipment may not require planningpermission. Whether or not such developmentsrequire planning permission is usually at thediscretion of the local planning authority (Ring,pers. communication, 2001).

Under the existing legislation, afforestationprojects under 70 ha do not require planningpermission. Afforestation projects of areas over70 ha require both planning permission and anenvironmental impact statement. As thepreparation of an environmental impact statementis a very costly process, the Forest Service rarelyreceive grant applications for projects over 70 ha(Mahony, pers. communication, 2000). The newprovisions relating to exempted developmentunder the Planning and Development Act, 2000are expected to come into force later this year.This could restrict afforestation in many parts ofthe country, especially in areas, which aresensitive to forestry. Furthermore, it is likely thatthe threshold for which afforestationdevelopments require an environmental impactstatement will be lowered in the future. Thiswould restrict the size of proposed developmentsas due to the great expense associated withenvironmental impact assessment landownerswould be deterred from planting areas above thethreshold level.

Under the Local Government (Planning andDevelopment) Acts, development classified asexempted development can not be restricted by aplanning authority in an Area of Special Amenity.Thus, afforestation of areas not exceeding 70 ha,thinning, felling, reforesting and replacement of

broadleaf high forest with coniferous specieswhere the area does not exceed 10 ha may not berestricted or prohibited within these areas.However, when the provisions relating to Areas ofSpecial Amenity in the Planning and DevelopmentAct, 2000 come into force this will no longer bethe case and any type of development specified inan order designating an Area of Special Amenitymay be restricted or prohibited within that area.This could have implications for the granting offelling licences by the Forest Service. Although itis very doubtful that the Forest Service wouldgrant a limited felling licence for a stand of treesthat is contained within an Area of SpecialAmenity, there is a danger that a forest owner whohad been granted a general felling licence beforean Area of Special Amenity had been designatedon their land might slip through the system and felltrees within the designation. In this eventuality,although the person would be felling the treesunder the aegis of a licence granted under theForestry Act, 1946 he/she would be committing anoffence under the Planning and Development Act,2000. Furthermore, in theory the Forest Servicecould be implicated in the offence.

Similarly, when the relevant provisions of the newAct come into force, any manner of developmentmay be restricted or prohibited in a LandscapeConservation Area. As the landscape is especiallysensitive to harvesting, it is very likely thatharvesting will be restricted within LandscapeConservation Areas, especially in the case ofclearfelling. The size and shape of felling coupsare likely to be severely controlled within thesedesignations. As with Areas of Special Amenity,if felling is restricted in a Landscape ConservationArea and a person fells trees within the area inaccordance with a felling licence, they will becommitting an offence under the Planning andDevelopment Act, 2000. It is interesting to notethat no provisions exist in the Planning andDevelopment Act, 2000 in relation to right tocompensation where development is prohibited orrestricted within Areas of Special Amenity or aLandscape Conservation Area. Where a forestowner wished to be compensated in relation tosuch restrictions, they would have to bring a civilcase against the planning authority.

Under the existing legislation, the entitlement tocompensation in respect of Tree PreservationOrders (TPOs) is well provided for. Currently,where an application for permission to fell treeswhich are protected by a TPO is refused by aplanning authority the owner of the trees may

3736

REFERENCES

Anon. 1944. Forestry Division Report of the Minister for Lands for the five year period from 1st April,1938, to 31st March, 1943, and dated 9th May, 1944.

COFORD. 1994. Pathway to Progress. COFORD.

Department of Agriculture, Food and Forestry. 1996. Growing for the Future. Department of Agriculture,Food and Forestry.

Health and Safety Authority. 1998. Safety in Forestry Operations. Health and Safety Authority.

Forest Service. 2000. Code of Best Forest Practice - Ireland. Forest Service, Department of the Marineand Natural Resources.

Forest Service. 2000. Forest Biodiversity Guidelines. Forest Service, Department of the Marine andNatural Resources.

Forest Service 2000. Forest Harvesting and the Environment Guidelines. Forest Service, Department ofthe Marine and Natural Resources.

Forest Service 2000. Forestry and Archaeology Guidelines. Forest Service, Department of the Marine andNatural Resources.

Forest Service 2000. Forestry and the Landscape Guidelines. Forest Service, Department of the Marineand Natural Resources.

Forest Service 2000. Forestry and Water Quality Guidelines. Forest Service, Department of the Marineand Natural Resources.

Forest Service 2000. Irish National Forest Standard. Forest Service, Department of the Marine andNatural Resources.

Gallagher, G. and O’ Carroll, J. 2001. Forecast of Roundwood Timber Production Potential from theForests of Ireland 2001 - 2015. COFORD.

Hickie, D. 1997. Evaluation of Environmental Designations in Ireland. The Heritage Council.

Neeson, E. 1991. A History of Irish Forestry. The Lilliput Press.

9. CONCLUSIONS ANDRECOMMENDATIONS

9.1 Provisions which appear adequate for theregulation of forestry activities

It is recommended that the following provisionsshould be retained in any review of the currentlegislation:

• the provisions of the Forestry Act, 1946 defining the general powers of the Minister with responsibility for forestry;

• the provisions of the Forestry Act, 1946 regulating the issuing of limited felling licences;

• the Provisions of the Forestry Act, 1988 regulating Coillte Teoranta.

9.2 Provisions of the Forestry Acts whichappear to be redundant

It is recommended that the following provisionsshould be ommited from any review of the currentlegislation:

• the Forestry Act, 1956 in its entirety;• the provisions of the Forestry Act, 1946 which

facilitated the compulsory purchase of land by the Minister with responsibility for forestry;

• the provisions of the Forestry Act, 1946 that facilitated the extinguishment of easements on land held by the Minister with responsibility for forestry;

• the provisions of the Forestry Act, 1946 which facilitated the creation of rights of way for the extraction of timber from the forest.

9.3 Provisions of the Forestry Acts which needupdating

It is recommended that the following provisionsshould be updated in any review of currentforestry legislation to reflect changes that haveoccurred within forestry since the time of theForestry Act, 1946:

• the provisions of the Forestry Act, 1946 whichfacilitate the control of damage to forest crops by wild animals;

• the provisions of the Forestry Act, 1946 whichrelate to the destruction and burning of vegetation on uncultivated land;

• the provisions of the Forestry Act, 1946 which enforce the unconditional attachment of replanting conditions to general felling licences;

• all of the penalties under the Forestry Acts need to be updated; and

9.4 Suggestions for items which might beincluded in a new Forestry Act

• provisions to facilitate the control of damage to forest crops by wild birds;

• provisions to facilitate the control of damage to forest crops by wild birds and animals protected under the Wildlife Acts;

• provisions to facilitate the control of damage to forest crops by trespassing domestic stock;

• provisions to highlight the obligation to acquire a licence from the Minister with responsibility for wildlife before importing exotic species of flora;

• provisions to facilitate the creation of rights of way to improve access to stands of timber;

• provisions to highlight the obligation to obtain consent from the EPA before embarking on field trials involving genetically modified trees;

• provisions to establish a system whereby the Forest Service are issued with harvesting returns;

• provisions to facilitate the management of trees to which a Tree Preservation Order relates.

• Provisions to establish the statutory basis of COFORD and its role as co-ordinator of forest research and development.

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APPENDIX I - LEGISLATION CONSULTED

Agricultural (An Foras Talúntais) Act, 1958.Agriculture (An Comhairle Oiliuna Talamhaoíchta) Act, 1979.Agriculture (Research, Training and Advice) Act, 1988.Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects onthe environment.Council Directive 1999/105/EC on the marketing of forest reproductive material.Council Directive 2000/29/EC on protective measures against the introduction into the Member States ofharmful organisms of plants or plant products and against their spread within the Community.Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive material.Council Directive 77/93/EC of 21 December 1976 on protective measures against the introduction into theMember States of harmful organisms of plants or plant products and against their spread within theCommunity.Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats in wild flora andfauna.Council Directive 71/161/EEC of 30 March 1971 on external quality standards for forest reproductivematerial marketed within the community.Council Regulation EC/338/97 on the regulation of international trade of wild flora and fauna.Environmental Protection Agency Act, 1992.European Communities (Conservation of Wild Birds) Regulations, 1985 to 1999.European Communities (Environmental Impact Assessment) Regulations, 1989.European Communities (Environmental Impact Assessment) Regulations, 1996.European Communities (Forest Reproductive Material) Regulations, 1973 to 1982.European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition)Regulations, 1980 to 1998.European Communities (Natural Habitats) Regulations, 1997.European Community (Vehicle Testing) Regulations, 1991.Forestry Act, 1919.Forestry Act, 1928.Forestry Act, 1946.Forestry Act, 1956.Forestry Act, 1988.Forestry Act, 1967. (United Kingdom).Forestry Act, 1981. (United Kingdom).Game Preservation Act, 1930.Genetically Modified Organisms Regulations, 1994.Industrial Development (Enterprise Ireland) Act, 1998.Industrial Developments Acts, 1986 to 1995.Industrial Research and Standards Act, 1946.Land Act, 1909.Local Authorities (Miscellaneous Provisions) Act, 1936.Local Government (Ireland) Act, 1898.Local Government (Planning and Development) Act, 1963.Local Government (Planning and Development) Act, 1976.Local Government (Planning and Development) Act, 1990.Local Government (Planning and Development) Act, 1992.Local Government (Planning and Development) Act, 1993.

Local Government (Planning and Development) Regulations, 1994.Local Government (Planning and Development) Regulations, 1996.Local Government (Water Pollution) Acts, 1977 to 1990.National Agricultural Advisory, Education and Research Authority Act, 1977.National Monuments Acts, 1930 to 1994.Occupiers Liability Act, 1995.Planning and Development Act, 2000.Public Health (Ireland) Act, 1878.Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 2000.Road Transport Acts, 1932 to 1999.Roads Act, 1993.Safety, Health and Welfare at Work Act, 1989.Science and Technology Act, 1987.Town and Regional Planning Act, 1934.Town and Regional Planning Act, 1939.Wildlife (Amendment) Act, 2000.Wildlife Act, 1976.

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APPENDIX II - PERSONAL COMMUNICATIONS

Mr Gerard Cahalane. Forest Service. Department of the Marine and Natural Resources.Mr Peter Crean. Crean and Co. Solicitors, Enniscorthy, Co Wexford.Mr Austin Cunningham. National Parks and Wildlife Service. Department of Arts, Heritage, Gaeltachtand The Islands.Mr Philip Donovan. Forest Service. Department of the Marine and Natural Resources.Dr Steve Gregory. Policy and Practice Division. Forestry Commission, Great Britain.Mr Seán Hayes. Coillte Teoranta, Newtownmountkennedy, Co Wicklow.Mr Ronan Hession. Planning Division. Department of Environment and Local Government.Ms Claire Kelly. Planning Division. Department of Environment and Local Government.Mr Brendan Mahon. National Parks and Wildlife Service. Department of Arts, Heritage, Gaeltacht andThe Islands.Mr Brian Mahony. Forest Service. Department of the Marine and Natural Resources.Sgt Ciaran McCarthy. Naas Garda Station.Dr Tom McLoughlin. Environmental Protection Agency.Mr Ciaran O’Maoileoin. Planning Division. Department of Environment and Local Government.Ms Anne Ring. Planning Division. Department of the Environment and Local Government.Ms Kate Shorthall. National Monuments and Architectural Protection Division. Department of Arts,Heritage, Gaeltacht and The Islands.

42

Documents

A Review of Legislation that Impacts on Irish Forestry · 1. INTRODUCTION Since the formation of the State, forestry and ancillary matters have been directly regulated at different