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Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: 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...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: Yes.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I take the Deputy's point that the average farmer may not be able to judge if a tree is 3 cu. m, but the Department's inspectors will know the answer. One can calculate how much timber is needed to fill a 10 ft. by 6 ft. trailer.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: One will know then how much timber is needed to fill a trailer of a certain size. Most farmers will know how much timber is required because they use the size of their trailers to calculate loads. Deputy Tom Barry is a farmer and will know better than anybody that that is how farmers calculate loads.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: It must be acknowledged that a balance must be struck between the protection of forests and a landowner's ability to retain existing fields in agriculture. It is a tree's natural instinct to colonise open space and if fields are managed less intensively they will become woodland eventually. I recognise the importance of scrub woodland and its role as a reservoir of species and an area of...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: Deputy, I am not being smart, but I find it hard to see how it would be good for farmers. Landowners must be able to manage their land in the best way possible under the guidelines. The Deputy proposes to allow the land to grow wild and future generations may not be allowed to manage the land.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I move amendment No. 90: In page 19, between lines 15 and 16, to insert the following:“20. (1) Where a replanting order is served on any person (including a variation to such an order under section 25(9)), the Minister may, as soon as may be after so serving or varying the order, send a copy thereof to the Authority which shall—(a) in the case of registered land, register the...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I cannot agree. This issue was raised on Second Stage. 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 charge for forestry licences or for any of its scheme applications, and this remains the position. It is a matter of policy whether the Minister should...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I appreciate what the Deputy is saying. I will consider introducing an amendment on Report Stage. This amendment could require the Minister, prior to signing a regulation to charge fees under this section, to bring the draft regulation before the committee or something like that. I will give it consideration, because I understand what the Deputy is saying.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: While I have not formally proposed an amendment to section 25, I will be reviewing section 25(1) on Report Stage with a view to allowing the issuing of a replanting order where a person has failed to comply with the requirement of a felling licence to replant. This subsection allows for replanting orders where unlicensed felling or where trees have been seriously damaged.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I will be reviewing it on Report Stage.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: Section 29(3) already provides the Minister with extensive powers to regulate or restrict the landing in the State of anything which is likely to introduce a destructive disease, insect, pest, invasive species or organism. The Minister may direct or authorise the destruction of any such articles or direct their expulsion from the State. In addition the Minister may regulate to ensure the...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I have already covered that. The advice of the Parliamentary Counsel is that it does not need to be included.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I move amendment No. 95: In page 30, lines 33 and 34, to delete “Council Directive 85/337/EEC of 27 June 1985” and substitute the following:“Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011”.This is a technical amendment the purpose of which is to update the text to reflect the most recent legislative developments. The initial...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: When I introduced the Forestry Bill 2013 to Members on Second Stage, I said the purpose of the Bill was to reform and update the legislative framework relating to forestry. It is intended to support the development of a modern forestry sector that can operate in accordance with good forestry practice and with a view to protection of the environment. The Bill is about forestry and good...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I thought the Deputy would say that.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: That is what we are doing.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: Does the Deputy believe rumours?

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: I would be surprised if the Deputy believed rumours.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Tom Hayes: The Government made a good decision in June and it was welcomed by the people.

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