Michael McNamara (Clare, Independent)
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476. To ask the Minister for Agriculture, Food and the Marine his plans for legislative change in light of recent tree felling at Ryevale House and the destruction of trees in hedgerows in Clare, in particular by, and the behest of, Clare County Council, since the commencement of the Forestry Act 2014; and if he will make a statement on the matter. [21175/23]

Catherine Murphy (Kildare North, Social Democrats)
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489. To ask the Minister for Agriculture, Food and the Marine if the Forestry Service granted a licence to fell trees at a location (details supplied); if a licence was not required, if he will provide the date on which his Department was notified that felling was to take place and the date on which it was determined and communicated to the owners that the trees in question were exempted or not. [21329/23]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 476 and 489 together.

Tree Felling, in all cases, is the responsibility of the land owner 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 (a) the Planning and Development Acts 2000 to 2013, (b) the Wildlife Acts 1976 to 2000, and in particular section 40 of the Wildlife Act 1976, or (c) any other enactment.

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; 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 metres of a public road and which, in the opinion of the owner (being an opinion formed on reasonable grounds), 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 that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the ground. I have no plans to amend the Forestry Act at this stage as regards tree felling.

A report of an alleged illegal felling at Ryevale House, Leixlip, Co. Kildare was received by my Department on 1st February 2023. No felling licence application was submitted for the site. Following a review of the geographical information received it was determined that the area falls within an urban area for the purposes of Section 19 of the Forestry Act, 2014 and is therefore exempt from the requirement for a tree felling licence. The complainant’s AIF (Alleged illegal felling) report also outlined that the trees were within 30m of a building. The felled trees were therefore also exempt from the requirement for a tree felling licence under Section 19 (1) (b) of the Forestry Act, 2014.