Forestry Act 2014


Number 31 of 2014


FORESTRY ACT 2014

REVISED

Updated to 9 November 2017


This Revised Act is an administrative consolidation of the Forestry Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Victims of Crime) Act 2017 (28/2017), enacted 5 November 2017, and all statutory instruments up to and including Forestry (Amendment) Regulations 2017 (S.I. No. 498 of 2017), made 9 November 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 31 of 2014


FORESTRY ACT 2014

REVISED

Updated to 9 November 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1993, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Minerals Development Act 2017 (23/2017)

Horse Racing Ireland Act 2016 (2/2016)

All Acts up to and including Criminal Justice (Victims of Crime) Act 2017 (28/2017), enacted 5 November 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Forestry (Amendment) Regulations 2017 (S.I. No. 498 of 2017)

Forestry Regulations 2017 (S.I. No. 191 of 2017)

Forestry Act 2014 (Commencement) Order 2017 (S.I. No. 189 of 2017)

Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)

All statutory instruments up to and including Forestry (Amendment) Regulations 2017 (S.I. No. 498 of 2017), made 9 November 2017, were considered in the preparation of this revision.


Number 31 of 2014


FORESTRY ACT 2014

REVISED

Updated to 9 November 2017


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Laying of regulations

4. Expenses

PART 2

Administration of Forestry Sector

5. General functions of Minister

6. Specific functions of Minister

6A. Minister not authorised to dispose of State minerals

7. Granting of licences, etc. by Minister

8. Minister may appoint committees

9. Prohibition on unauthorised disclosure of confidential information

10. Forest management plans

PART 3

Protection of Environment

11. Role of Minister in safeguarding environment

12. Where forest is destroyed or removed

13. Minister may require information

14. Removal or destruction of vegetation on land

15. Damage by vermin

PART 4

Felling of Trees

16. Definitions (Part 4)

17. Application for licence under section 7 to fell trees

18. Time period for decisions on applications for felling licences

19. Exempted trees

20. Preservation orders

21. Registration under Act of 2006 of conditions and replanting orders

PART 5

Afforestation, Forest Road Works and Aerial Fertilisation of Forests

22. Granting of licences by Minister for afforestation and certain other activities

PART 6

Enforcement

23. Authorised officers

24. Powers of authorised officers

25. Power to charge and recover fees, etc.

PART 7

Replanting Orders

26. Replanting orders

PART 8

Offences and Penalties

27. Offences and penalties

28. Prosecution of offences

29. Offences by body corporate

PART 9

Regulations

30. Regulations

PART 10

Miscellaneous

31. Repeal of Forestry Act 1946, etc.

32. Compensation for refusal of felling licence, etc

33. Transitional provisions

34. Service of documents

PART 11

Amendment of Agriculture Appeals Act 2001

35. Amendment of Agriculture Appeals Act 2001


Acts Referred to

Agriculture Appeals Act 2001 (No. 29)

Companies Acts

Electronic Commerce Act 2000 (No. 27)

Environment (Miscellaneous Provisions) Act 2011 (No. 20)

European Communities Act 1972 (No. 27)

European Communities Act 2007 (No. 18)

Forestry (Amendment) Act 2009 (No. 40)

Forestry Act 1946 (No. 13)

Forestry Act 1988 (No. 26)

Freedom of Information Act 1997 (No. 13)

Local Government (Sanitary Services) Acts 1878 to 2001

Local Government Act 2001 (No. 37)

Local Government Acts 1925 to 2012

Local Government Reform Act 2014 (No. 1)

National Monuments (Amendment) Act 1987 (No. 17)

National Monuments (Amendment) Act 1994 (No. 17)

National Monuments Acts 1930 to 1994

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2013

Registration of Deeds and Title Act 2006 (No. 12)

Wildlife Act 1976 (No. 39)

Wildlife Acts 1976 to 2000

Wildlife Acts 1976 to 2012


Number 31 of 2014


FORESTRY ACT 2014

REVISED

Updated to 9 November 2017


An Act to make further and better provision in relation to forestry, to provide for the development and promotion of forestry in a manner that maximises the economic, environmental and social value of forests within the principles of sustainable forest management, to confer power on the Minister for Agriculture, Food and the Marine to make regulations for the effective management of the forestry sector, to make further provision for the giving effect to acts of the institutions of the European Union by regulation made by that Minister in respect of forestry and forestry-related activities, to repeal the Forestry Act 1946, to amend the Wildlife Act 1976, to amend the Agriculture Appeals Act 2001, to amend the Environment (Miscellaneous Provisions) Act 2011 and to provide for related matters. [26 th October, 2014]

Be it enacted by the Oireachtas as follows: