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Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Concerns were raised in consultation with certain stakeholders, and on Second Stage in the Dáil, that this provision would allow for compulsory purchase of land by the Minister. In my concluding remarks on Second Stage I clarified, with the benefit of legal advice that I received on the matter, that section 6(e) does not provide the Minister with the power to purchase land compulsorily....

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Yes.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: None at all.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Yes, we can make it available.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I cannot agree to this amendment. The issue of fees was already raised on Second Stage debate. At the time, I stressed that the inclusion of this provision within the Bill should not be interpreted as a statement of intent. I also reminded Deputies that the Department does not currently charge for forestry licences or scheme applications and this remains the position. It is a matter of...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I hope to be in this position for some time, so I am not worried about that.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: The thrust of this is not to have charges.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Yes, that is correct.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: 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...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: This is only in cases of unauthorised dwellings.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Where the replanting order is served on any person, in the case of registered land, the section refers to "the replanting order as a burden affecting such land".

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: No.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: There is a bit of confusion in respect of a replanting order. I suggest we deal with it on Report Stage.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I do not accept these amendments. Section 7(1) allows for the attachment of conditions which can include adherence to good forest practice and environmental guidelines. The general functions of the Minister, as described in section 5(b) and (c), promote good forest practice and the sustainable management of woodland. As I have stated, sustainable forest management is not a fixed concept....

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I have no problem thinking about it between now and Report Stage. People in general, and the small landowners who apply or draw up the plan, are custodians of the land. They like the environment and want to protect it for future generations. They want their plans to be practical and reasonable. Many of them are much more knowledgeable than some of the so-called experts. I gave instances...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: The last thing we want to do is to cause grief to anyone. This was never the intention of this Bill. I hope we can achieve consensus in that regard. Deputy Penrose referred to farm modernisation. He gave a very clear example of what we should be doing. A working group is dealing with this issue. I assure Deputy Penrose that the conditions will not be cumbersome. It will be easy and...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Yes.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I cannot agree to amendment No. 34. The proposed amendment would limit the Minister's power to revoke an approval or a licence or loan only in circumstances where a breach of the approval or licence or loan occurs. It would prohibit the Minister from revoking an approval, licence or loan in circumstances where, for example, a licensed forestry operation is having unanticipated or unintended...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I move amendment No. 35: In page 10, line 10, after “conditions” to insert the following:“, but a revocation of a licence or of another foregoing matter shall not take place unless the Minister is satisfied that⁠—(i) there are substantial grounds warranting that course of action, and (ii) the exercise of none of the other powers under this subsection would...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I will come back to the Deputy on that.

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