Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank the Senator for raising this issue as a Commencement matter. He is always a very strong advocate on agricultural issues and I see that today he has brought backup as well with Terry and Patrick from Ballymahon Secondary School so I know he has a good team with him this morning.

We are both very much focused on delivering an excellent forestry sector that will benefit farmers, rural communities and the overall economy. Forestry has a significant role to play in helping to achieve our climate ambitions. That is very much evidenced by the €1.3 billion national forestry programme, which will see premiums increase by 66% this year compared to what was in place under the previous programme. It is good to have the opportunity to inform the Seanad about the licensing requirements around felling in an urban area.

Forestry in Ireland operates within the legal and regulatory framework and this is necessary to protect forests and also to ensure that forestry operations and activities are carried out in compliance with the principles of sustainable forest management. Requirements for tree felling and reforestation are set out in the Department document entitled "Felling and Reforestation Policy". This sets out the regulatory framework for felling licence requirements and exemptions to those requirements which we are discussing today, and rules governing permanent forest removal. In all cases, it is the responsibility of the landowner or the person felling the tree to ensure that they are acting within the law. None of the exemptions granted under section 19 of the Forestry Act 2014 serve to remove any restriction on the felling or removal of trees under the planning and development Acts of 2000 and 2013, under the Wildlife Acts of 1997 and 2000 and in particular, section 40 of the Wildlife Act 1976, or any other enactment.Under the Planning and Development Acts 2000 to 2011, local authorities have a mandatory responsibility to include objectives in their development plans relating to the preservation of amenities. This empowers the planning authority to make provision for tree preservation by establishing a tree preservation order. No tree covered by a tree preservation order may be felled, topped, lopped or destroyed without the consent of the planning authority.

Some common scenarios where trees can be felled without the need to submit a tree felling licence application under section 19 of the Forestry Act 2014 include a tree in an urban area, where an urban area is an area that comprises a city, town or borough under the 2014 Act; where a tree lies within 30 metres of a building, other than a wall or temporary structure, but excluding any building built after the trees were planted; a tree outside a forest within 10 m of a public road which, in the opinion of the owner, is dangerous to persons using the public road on account of its age or condition; trees outside a forest, the removal of which is specified in a grant of planning permission; and a tree outside a forest in a hedgerow and felled for the purposes of its trimming, provided the tree does not exceed 20 centimetres in diameter when measured 1.3 m from the ground. These exceptions were introduced to cover cases where it was deemed that the full rigour of a licensing system is not required to allow the removal of trees in limited circumstances.

In conclusion, we do not have plans at this stage to amend the Forestry Act as regards tree felling and the exemptions located within the Act. However, we will very much take on board the feedback and experiences as we find them, including the Senator’s particular experience, and fully consider them as well. I have laid out the current regulatory framework, the different aspects of it and the rationale for the approach that is already in place.