Forestry Act, 1946

Burning of vegetation.

61.—(1) It shall not be lawful for any person to burn any vegetation growing within one mile of a wood which is not the property of such person unless such person has, not less than seven days before commencing to burn such vegetation, given notice in writing of his intention to burn such vegetation to the owner of such wood and to the sergeant in charge of the Gárda Síochána station nearest to such wood.

(2) If any person burns any vegetation in contravention of this section, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Whenever a notice has been served on the owner of a wood under subsection (1) of this section, such owner may within three days after receiving such notice serve a counter-notice on the person by whom such notice was given objecting to the proposed burning on the ground that it is liable to cause damage to such wood.

(4) If any person burns any vegetation either in contravention of this section or after serving the notice required by this section and receiving a counter-notice under this section, all injury occasioned by such burning to any wood in respect of which a notice ought to have been or was served under this section shall be deemed to have been caused by the negligent act of that person and damages to the extent of such injury shall be recoverable accordingly from that person by the owner of such wood.