Micheál Carrigy (Fine Gael)
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I thank the Minister for coming to the Chamber to discuss a query with regard to the Forestry Act 2014. Over the past number of years we have had objections and backlogs with forestry felling that have caused significant concern to the industry here. I know many improvements have been made and we are getting to a better place, which is important for the timber industry. However, there is something that I feel is an anomaly in the Forestry Act 2014. I am referring to the exemptions to the requirement for the need for a felling licence. I do not agree with this. One of the exemptions is for trees in an urban area. This is defined as the old municipal urban areas in any town. The particular case I am referring to is in an urban Athlone in the general area of Coosan. What distinguishes a tree from a forest? A forest is defined as an area of ground of 0.5 ha. or over - roughly 1.6 acres. That constitutes a forest. The exemption is for the felling of a tree. In this case, it was over 3 acres of native forestry that had been there for the past 70 or 80 years, which was mowed down by machines. I made contact with the National Parks and Wildlife Service, NPWS, and the forestry service and we were told that it was completely legal. This does not make sense. We should be looking for more green areas, more forestry and more native woodlands within urban areas, instead of having the situation where there is an exemption for somebody to actually just cut it down without the need to get a licence.

In the area that has been cut down, the forest provided drainage for the entire Coosan area, which is a large urban area in Athlone where more houses are going to be built. In the weeks since this happened, various houses have been flooded because the trees are no longer there to soak up the water. I want this issue addressed. The Forestry Act 2014 states that the Minister may serve a replanting order if a felling was not done in accordance with the Act. My understanding is that the case being discussed was not done in accordance with the Act and that the Department was not notified in advance that the felling was going to happen. It was only after the fact that a lot of queries happened and the legal advice we were given was that it was actually legal and, therefore, the Act needs to be examined. We need to preserve any green and forest areas we have in our urban areas rather than having these exemptions where somebody is able to come in and cut trees down with Hymacs, not even with chainsaws. The site is destroyed and it will allow the Japanese knotweed on the site, and which was the reason that planning was not allowed, to spread all over the country. I know it is specific issue for a specific site but the issue is within the remit of the Forestry Act 2014 and it needs to be addressed to not allow this to happen in the future. If the Minister has any power in respect of a project like this, it needs to be served and we need to replant the area.

Charlie McConalogue (Donegal, Fianna Fail)
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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.

Micheál Carrigy (Fine Gael)
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I thank the Minister. I accept that the local authority should put in place tree preservation orders but, unfortunately, it was not done in this instance. Part of the exemption is for trees outside a forest so it is about the legal interpretation of what is a tree and what is a forest. When we look up what a forest is, if more than 0.5 ha is under trees, it is a forest and the exemption does not apply, although that is just the opinion I have formed from my reading of it. The Act refers to “trees outside a forest”. If a forest is 0.5 ha, which it was in this case, then the exemption does not apply. I feel that a ministerial order should be put in place for the replanting of that area of ground. The reality is that it is affecting the water table in the area and is going to cause flooding in the future, given it has already raised the water table in the area because that water is not being soaked up underground.

I ask that the Department’s legal team would look at this again with regard to the legal interpretation. My reading of what is stated in the Act is that it refers to “trees outside a forest” and a forest is an area greater than 0.5 ha, which is approximately 1.5 acres or 1.6 acres. That is what it is in this case, so the exemption does not apply. I think a ministerial order should be looked at to replant that site in what is an urban area. The more green areas we have in our urban areas, the better.

Charlie McConalogue (Donegal, Fianna Fail)
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I thank the Senator. I have laid out the regulations and rules that apply where licences are required and where there are exemptions, and the onus and responsibilities on landowners in terms of any decision they make and making sure they comply with the law. In this particular instance, I am happy for the Senator to correspond further with me and, having considered the regulatory framework that is there, to put the case to me as to whether he feels it was followed and complied with. I am happy to engage further with him in that regard. I thank the Senator for raising the matter.