Forestry Act 2014

PART 11

Amendment of Agriculture Appeals Act 2001

35.

Amendment of Agriculture Appeals Act 2001

35. The Agriculture Appeals Act 2001 amended—

(a) in section 5—

(i) in subsection (1), by substituting “Schedule 1” for “the Schedule”, and

(ii) by substituting for subsection (2) the following:

“(2) The Minister may, for the purpose of—

(a) the reorganisation of schemes,

(b) deleting spent schemes,

(c) giving persons an appeal in respect of applications under schemes that may come into existence, or

(d) in the case of any enactments or statutory instruments, giving persons an appeal in respect of applications under enactments or statutory instruments that may be passed or made (and not for the time being set out in Schedule 2),

amend by regulations Schedule 1 or 2, as appropriate, by adding an item to, or deleting an item from, either of those Schedules.”,

(b) in section 7(1) by substituting “Schedule 1” for “Schedule”,

(c) by inserting the following after section 14:

“Establishment of Forestry Appeals Committee and its function

14A. (1) The Minister shall establish a committee, which shall be known and is in this Act referred to as the Forestry Appeals Committee, consisting of a chairperson and such and so many other members (not being less than 2) as the Minister determines.

(2) The function of the Forestry Appeals Committee shall be to hear and determine appeals specified in subsection (4).

(3) An officer of the Minister shall be eligible for appointment as a member (including as chairperson) of the Forestry Appeals Committee but, in a case where a majority (or all) of the members of the Committee are such officers, a majority of such officers shall be of a grade senior to the grade of the officer who made the decision, the subject of the appeal to the Committee.

(4) Where a person is dissatisfied with a decision made by the Minister or an officer of the Minister under an enactment or statutory instrument set out in Schedule 2, he or she may appeal to the Forestry Appeals Committee against the decision and, on the hearing of the appeal, the Committee may confirm, cancel or vary the decision as it thinks fit.

(5) The decision of the Forestry Appeals Committee on such an appeal shall, subject to subsection (6), be final and conclusive.

(6) Any person dissatisfied with a decision of the Forestry Appeals Committee may appeal that decision to the High Court on any question of law.”,

(d) by renumbering the Schedule as Schedule 1 and inserting the following Schedule after it:

“Schedule 2

Section 7 of the Forestry Act 2014

Regulation 3 of the European Communities (Forest Consent and Assessment) Regulations 2010 ( S.I. No. 558 of 2010)

Regulation 3 of the European Communities (Aerial Fertilisation) (Forestry) Regulations 2012 ( S.I. No. 125 of 2012)”.