Forestry is a regulated and controlled activity in Ireland. Current forest legislation comprises the Forestry Act of 1946, 1956 and 1988. The 2001 Environmental Impact Assessment (E.I.A.) Amendment Regulations provide for the introduction of a statutory consent system to coincide with initial afforestation being taken out of the planning control system.
As part of the standard grant application process and as outlined in the regulation, appropriate proposed afforestation sites are assess vis-á-vis water quality, designated habitats, archaeology, landscape and other environmental conditions, and are referred to the relevant prescribed body. These bodies include Regional Fisheries Board, local authorities, National Parks and Wildlife, National Monuments and An Taisce.
The regulations provide for a public consultation process in certain circumstances, with public notices of the proposed afforestation printed in local press and submissions or observations invited. The E.I.A. Regulations provide for mandatory E.I.A. above a threshold of 50 acres and also provide for the possibility of sub-threshold E.I.A. where the project is likely to have significant effects on the environment.
Felling Licenses
The felling of trees is controlled by a licensing system under the Forestry Act of 1946. All licenses are conditional on Forest Service environmental guidelines being complied with. It is Forest Service policy, in accordance with the act, to attach replanting conditions to felling licenses for clearfell and to carry out utilisation checks.
Some point from Summary of the Main Provisions of the Act (1946 Forestry) in Regard to the Felling or Uprooting of Trees:
"1. It is not legal for any person to uproot any tree over 10 years of age or to cut down any tree unless the owner of the lands on which the tree stands or his predecessor in title or someone on his behalf has, not less than 21 days and not more than 2 years before the commencement of the uprooting or cutting down of the trees, given to the Sergeant-in-Charge of the Garda Síochána Station nearest the tree a notice of intention to uproot or cut down any tree."
"3. Notice of intention to uproot or cut down any tree must be given in writing on a form known as a Felling Notice."
"15. It is unlawful ring bark or otherwise injure trees in such a manner as to cause them to die or to decay. It is unlawful to remove timber from any tree otherwise in accordance with the practice of good Forestry, or for the purpose of preventing grave damage to crops."
The meaning of this is that any tree that is over ten years of age, and which someone (anyone) intends to uproot or fell requires a Felling License, as described above, to do so. This is applicable to all trees, whether a single tree or a forest. It is also illegal to damage any tree to such an extent as to cause that tree to die.
To obtain a felling license, a felling notice must be given (by the person intending to fell or uproot, or their representative) to the Sergeant in charge of the Garda Station closest to the tree itself and must be given at least 21 days before the tree is felled (i.e. it cannot be obtained after the tree is felled). Note that the tree cannot be felled until after 21 days of giving the notice to the Sergeant. That is the term is not from when the felling license is granted, but from when requested.
The felling license is available for examination at the Garda Station in question, and a copy is available from the Forest Service on request.
The above does not apply to "hazel, apple, plum, damson, pear or cherry tree grown for the value of its fruit or any ozier." It also does not apply to:
"(a) a tree standing in a County or other Borough or an urban district;
"(b) a tree standing within 100 feet of any building other than a wall or temporary structure;
"(c) a tree which is being felled under Section 70 of the Roads Act 1993 or Section 98 of the Electricity Supply Act, 1927;
"(d) a tree certified by local authority as dangerous to road traffic on account of age or condition;
"(e) a tree uprooted or cut down by direction of the Minister for Transport, Energy and Communications because it is a danger or obstruction to telegraph or telephone wires;
"(f) a tree cut down by a local authority in connection with road construction, etc."
- (Summary of the Main Provisions of the Act in Regard to the Felling or Uprooting of Trees: Point (2))
