Forestry Act 2014

PART 5

Afforestation, Forest Road Works and Aerial Fertilisation of Forests

22.

Granting of licences by Minister for afforestation and certain other activities

22. (1) Subject to section 7 , where a person wishes to undertake afforestation, forest road works or aerial fertilisation of forests, he or she shall apply to the Minister for a licence to do so.

(2) An application under subsection (1) shall specify—

(a) the name and address of the applicant,

(b) the name and address of the owner of the lands concerned (if different from the person referred to in paragraph (a)),

(c) the location of the lands concerned, and

(d) such other particulars as may be prescribed by the Minister.

(3) (a) The licence shall be valid for such period as is prescribed by the Minister.

(b) Notwithstanding paragraph (a), the Minister may extend the duration of the licence for one or more further periods.

(c) During the period of the licence the licence shall enure for the benefit of the land and any owner thereof.

(4) The Minister may at any time attach or vary conditions to any licence granted.

(5) In considering applications for a licence, the Minister may—

(a) consult any person whom the Minister considers to be appropriate, and

(b) require the applicant to submit any maps or other documentation in such format (including electronic format) as the Minister may require.

(6) The Minister may require satisfactory evidence demonstrating that the applicant is—

(a) the owner of the lands concerned, or

(b) acting with the consent of, and on behalf of, the owner.

(7) A person who—

(a) undertakes afforestation, forest road works or aerial fertilisation, or

(b) causes or permits afforestation, forest road works or aerial fertilisation to take place,

without a licence, or in contravention of a condition of a licence, shall be guilty of an offence and be liable—

(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years or both.

(8) The Minister may make regulations governing the issuing of licences in relation to—

(a) afforestation,

(b) forest road works, and

(c) aerial fertilisation of forests.

(9) Regulations made by the Minister under this section may—

(a) prescribe the format of any application for a licence,

(b) require that—

(i) specific information relating to the site concerned including location, soil type, elevation, aspect, exposure and vegetation type,

(ii) details relating to exclusion zones, fertiliser storage areas, all aquatic zones or abstraction points for known sources of water for human consumption, and

(iii) such other particulars, if any, as the Minister considers necessary for the purpose,

shall be provided to the Minister,

(c) prescribe the placement of public notices on all sites where afforestation, forest road works or aerial fertilisation of forests is proposed,

(d) provide for the publication of decisions made in respect of licence applications, and

(e) provide for any matters ancillary or incidental to matters in this section.

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (9.11.2017) by Forestry (Amendment) Regulations 2017 (S.I. No. 498 of 2017).

E9

Power pursuant to section exercised (24.05.2017) by Forestry Regulations 2017 (S.I. No. 191 of 2017).