Tom Hayes (Tipperary South, Fine Gael)
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Amendments Nos. 65 and 90 are related to this amendment. Amendment No. 90 is a Government amendment and I hope it will go some way towards allaying Deputy Ó Cuív's concern about section 20. The purpose of this amendment is to remove the provision whereby conditions of a licence could be registered as a burden on the land by the Property Registration Authority. The provision for the registration of replanting orders as burdens will remain. Replanting orders are provided for by section 25 and only apply where trees have either been removed without a licence or damaged, regardless of whether a prosecution has been brought.

The provision for registering of conditions of licence, including replanting, is provided for under the Forestry Act 1946. However, it is accepted that the power to register conditions of licences as burdens has not been exercised to any great degree and that to do so as a matter of routine was never the intention nor would it be practical. The registering of replanting orders is a completely different matter. However, it is a reasonable response to an unlawful act, the purpose of which is to ensure that the replanting requirement is complied with. Once the order has been complied with, the burden can be removed.

Amendment No. 65 is also a Government amendment. It is a minor technical change that abbreviates reference to the Property Registration Authority to "the Authority".