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

The changes proposed in amendment No. 2 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 sylvicultural considerations. There are instances where replanting may not be the appropriate response, for example, where the unlicensed felling occurred on a riverbank or in the proximity of a protected species, such as the freshwater pearl mussel, where the disturbances caused by replanting could pose a threat to the species. In such instances the Minister must be empowered to consider options other than replanting on that site.

Amendment No. 3 proposes to remove one of the options open to the Minister where unlicensed felling has occurred which is the replanting of alternative land to that on which the trees had been felled. To remove this provision would be overly restrictive and would not best serve the interests of ensuring that the forest estate is maintained in a manner consistent with the objective of protecting the environment. As regards the proposed amendment requiring replanting within one year, it is a matter of judgment having regard to the individual circumstances of 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. That is the key to our discussions with stakeholders and we went into great detail with them over the past nine months.

To impose an upper limit of one year, as proposed, ties the Minister’s hands in a situation where a more flexible approach may be required, for example, if native oak woodland in a special area of conservation was removed the replanting options might involve using acorns from the remaining trees to regenerate the wood with native stock. The germination of oak seedlings suitable for replanting would take more than one year in this case.