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

The changes proposed in amendment No. 32 in respect of a tree felled or otherwise removed without a licence under section 7 would impose on the Minister an automatic obligation to issue a replanting order in all cases without having regard to the nature and extent of the unlicensed felling and the environmental and silvicultural considerations. With regard to amendment no. 33, it is a matter of judgment, having regard to the individual circumstances in each case, as to the length of time that should be allowed for replanting to take place. The key to this Bill has been flexibility and workable arrangements that facilitate all involved in forestry. To impose an upper limit of one year as proposed, while not unreasonable, does tie the Minister's hands in situations where a more flexible approach may be required. My preferred approach is to retain the current wording contained within section 17(4)(b)(v), which applies to this subsection, and states "within such period of time ... as may be specified". For that reason I cannot accept this amendment.