Forestry Act, 1946
|
PART IV. Restrictions on Cutting Down and Injuring Trees. | ||
|
Definitions for purposes of Part IV. |
35.—(1) In this Part— | |
the expression “afforestation conditions” means conditions attached to a general felling licence under subsection (3) or subsections (3) and (4) of section 49 of this Act; | ||
the word “contribution” means the sum specified in a contributing condition; | ||
the expression “contributing condition” means a condition attached to a limited felling licence under subsection (1) of section 42 of this Act; | ||
the expression “cut down” means, in relation to a tree, cut through the trunk of the tree at a height of less than six feet from the ground surface to such an extent that the tree falls or is rendered liable to fall under the influence of natural agencies; | ||
the expression “exempted tree” means any tree, being— | ||
(a) a tree which, in the opinion of the Minister, is not necessary for the ornament or protection of the holding on which it stands and which is stated in the felling notice relating to it to be intended to be cut down for the purpose of using the timber thereof for the construction or repair of buildings, fences, or other structures on the said holding or another holding belonging to the owner of such first-mentioned holding, or on a holding belonging to another person in the immediate neighbourhood of such first-mentioned holding, or for the construction or repair of farming implements for use on any of the said holdings, or | ||
(b) a tree which, in the opinion of the Minister, is not necessary for the ornament or protection of the holding on which it stands and which is stated in the felling notice relating to it to be intended to be cut down for the purpose of using it as domestic fuel on the holding on which it stands, or | ||
(c) a tree which, in the opinion of the Minister, is dead or decayed or irremediably damaged and is useless for commercial purposes, or | ||
(d) a tree in respect of which it is proved to the satisfaction of the Minister that such tree is standing on land purchased before the 1st day of April, 1928, and that the whole or some part of the purchase money of such land was lent to the purchaser thereof on the terms that such tree should be cut down and sold and the proceeds thereof applied in or towards repayment of such loan and that such loan or some part thereof is still owing at the date of the felling notice relating to such tree, and in respect of which it is stated in such felling notice that such tree is being cut down for the purpose of complying with the said terms of the said loan, or | ||
(e) a tree in respect of which it is proved to the satisfaction of the Minister that the land on which such tree is standing is subject to a mortgage or charge subsisting at the passing of the Act of 1928, and that such tree together with other trees (whether included or not included in the same felling notice) standing on such land is a substantial portion of the security for the payment of the moneys secured by such mortgage or charge, and in respect of which it is stated in the felling notice relating to it that such tree is being cut down for sale with the intention of applying the proceeds of such sale in or towards payment of such moneys; | ||
the expression “felling licence under the Act of 1928” means a licence granted under section 8 of the Act of 1928; | ||
the expression “felling notice”, when used without qualification, means a notice, being either a felling notice under the Act of 1928 or a felling notice under this Act; | ||
the expression “felling notice under the Act of 1928” means a notice given under section 5 of the Act of 1928; | ||
the expression “felling notice under this Act” means a notice given under subsection (1) of section 37 of this Act; | ||
the expression “general felling licence” means a licence granted under section 49 of this Act; | ||
the expression “limited felling licence” means a licence granted under section 40 of this Act; | ||
the expression “preservation condition” means— | ||
(a) in relation to a limited felling licence, a condition attached to the licence under subsection (2) of section 41 of this Act, and | ||
(b) in relation to a utilisation (exempted trees) order, a condition attached to the order under subsection (3) of section 46 of this Act; | ||
the expression “prohibition order under the Act of 1928” means an order made under section 7 of the Act of 1928; | ||
the expression “prohibition order under this Act” means an order made under subsection (1) of section 39 of this Act; | ||
the expression “replanting conditions” means— | ||
(a) in relation to a limited felling licence, conditions attached to the licence under subsection (1) of section 41 of this Act, and | ||
(b) in relation to a utilisation (exempted trees) order, conditions attached to the order under subsection (2) of section 46 of this Act; | ||
the expression “replanting order” means an order made under section 52 of this Act; | ||
the expression “utilisation (exempted trees) order” means an order made under section 46 of this Act. | ||
(2) Where— | ||
(a) land is vested under the Land Purchase Acts in the proprietor thereof or is vested under the said Acts in the Irish Land Commission but not in the tenant-purchaser or purchaser thereof, and | ||
(b) trees growing on such land are reserved to the Irish Land Commission, | ||
the Irish Land Commission shall be deemed, for the purposes of this Part (except section 44 ), to be the owner of such land. | ||
(3) Where— | ||
(a) land (not being land to which subsection (2) of this section applies) is vested under the Land Purchase Acts in the Irish Land Commission, and | ||
(b) such land is occupied by a person (being a tenant-purchaser or purchaser) under an agreement for purchase entered into or deemed to have been entered into under the said Acts, | ||
such person shall be deemed, for the purposes of this Part (except section 44 ), to be the owner of such land. |