Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

I move amendment No. 88:

In page 18, between lines 43 and 44, to insert the following:“(2) A tree within—

(a) the curtilage or attendant grounds of a protected structure under Chapter 1 of Part IV of the Act of 2000,
(b) an area subject to a special amenity area order, or
(c) a landscape conservation area under section 204 of the Act of 2000, shall not be an exempted tree, unless it is a tree to which subsection (1)(a), (b), (e), (f) or (g), or subparagraph (i) or (ii) of subsection (1)(m), applies.”.

As I mentioned previously, concerns were raised in consultations with certain stakeholders, namely the Environmental Pillar and Woodlands of Ireland, about the need to retain larger established trees in hedgerows, as well as individual old or veteran trees, by not exempting them from the felling licence system.
It is important to understand that the primary concern of the Bill is forestry and the sustainable management of forests and, in appropriate circumstances, the protection and management of other important trees in the wider landscape. The legislation is not about regulating the alteration or removal of hedgerows more generally. There is other legislation to address this issue, particularly the Wildlife Acts and the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011. Under a previous amendment, a farmer or other landowner can still remove 15 cu. m. of timber in any period of 12 months but the size of any individual tree must not exceed 3 cu. m.
The purpose of amendment No. 88 is to exclude from the exempted list certain important trees in the wider landscape and other important old or veteran trees. These are trees which, by virtue of their occurrence in areas designated by a relevant local authority under the Planning and Development Acts, contribute to the value of buildings of special architectural or historical interest, are within areas of outstanding natural beauty or special recreational value, or form part of a landscape or natural elements deemed worthy of preservation.
It is my intent that my amendment will provide an appropriate and workable balance. In particular, I do not wish to preclude farmers or other landowners from felling, for example, a tree in a dangerous condition or from continuing to manage or maintain hedgerows on the lands in accordance with good agricultural practice. To that end, pending advice from the Office of Parliamentary Counsel, I wish to indicate the possibility of proposing further minor amendments on Report Stage to this section, which is more restricted than intended.