22A. (1) The Minister may, for the purpose of enabling the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy, provide by regulation for a scheme to facilitate the planting of native tree areas.

(2) Regulations under subsection (1) may—

(a) subject to paragraph (b) and subsection (3), provide for the exemption of the planting of native tree areas, that would, but for such exemption, be subject to the requirements of section 22, from the requirements of that section,

(b) prescribe conditions for an exemption under paragraph (a), having regard to—

(i) the requirements of the environment and environmental law,

(ii) the need for increased planting of native tree species,

(iii) public safety,

(iv) fire, pest or disease control, and

(v) research and such other silvicultural requirements as the Minister considers appropriate,

and

(c) in relation to the scheme referred to in subsection (1) —

(i) prescribe the terms and conditions of that scheme, having regard to such matters referred to in subparagraphs (i) to (v) of paragraph (b) and any other matters as the Minister considers relevant, and

(ii) provide for the provision of native tree area grants for the planting of native tree areas.

(3) Regulations under subsection (1) shall provide that an exemption from the requirements of section 22 shall be granted only where, on the basis of objective information, the proposed native tree area is not likely to have a significant effect on a European site in view of the site conservation objectives, either individually or in combination with other plans or projects.

(4) In this section, "European site" has the same meaning as it has in the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011).]