Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2022

PART 3

Amendment of Forestry Act 2014

Amendment of Forestry Act 2014

9. The Forestry Act 2014 is amended—

(a) in section 2, by the insertion of the following definitions:

“ ‘native tree area’ means land under trees—

(a) with—

(i) an area of not less than 0. 1 hectare and not greater than 1 hectare, or

(ii) an area of not less than 0. 1 hectare that is not greater than 20 metres in width,

and

(b) where the trees concerned are native tree species only, of which not more than 25 per cent are Scots pine;

‘native tree area grant’, in relation to a native tree area, means any payment made by the Minister for native tree area-related activities, other than a loan;

‘native tree species’ means a species of tree specified in the Schedule by its common name in column (1) thereof and by its scientific name in column (2) thereof;

‘planting’, in relation to a native tree area, means the conversion of land to a native tree area;”,

(b) in section 6, by the insertion of the following paragraph after paragraph (g):

“(ga) in order to enable the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy—

(i) undertake, participate in or promote any scheme or project promoting the planting of native tree areas, and

(ii) in accordance with the relevant statutory provisions, give approval for and provide native tree area grants, subject to such conditions as may be specified, for the planting of native tree areas,”,

(c) in section 22(1), by the substitution of “Subject to sections 7 and 22A,” for “Subject to section 7,”,

(d) by the insertion of the following section after section 22 but in Part 5:

“22A. (1) The Minister may, for the purpose of enabling the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy, provide by regulation for a scheme to facilitate the planting of native tree areas.

(2) Regulations under subsection (1) may—

(a) subject to paragraph (b) and subsection (3), provide for the exemption of the planting of native tree areas, that would, but for such exemption, be subject to the requirements of section 22, from the requirements of that section,

(b) prescribe conditions for an exemption under paragraph (a), having regard to—

(i) the requirements of the environment and environmental law,

(ii) the need for increased planting of native tree species,

(iii) public safety,

(iv) fire, pest or disease control, and

(v) research and such other silvicultural requirements as the Minister considers appropriate,

and

(c) in relation to the scheme referred to in subsection (1)—

(i) prescribe the terms and conditions of that scheme, having regard to such matters referred to in subparagraphs (i) to (v) of paragraph (b) and any other matters as the Minister considers relevant, and

(ii) provide for the provision of native tree area grants for the planting of native tree areas.

(3) Regulations under subsection (1) shall provide that an exemption from the requirements of section 22 shall be granted only where, on the basis of objective information, the proposed native tree area is not likely to have a significant effect on a European site in view of the site conservation objectives, either individually or in combination with other plans or projects.

(4) In this section, ‘European site’ has the same meaning as it has in the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).”,

(e) in section 27(1), by the substitution of “in applying for a grant, native tree area grant, registration, licence or approval” for “in applying for a grant, registration, licence or approval”, and

(f) by the insertion of the following Schedule after section 35:

“SCHEDULE

Section 2

Native tree species

Common Name

Scientific Name

Alder

Alnus glutinosa

Strawberry tree

Arbutus unedo

Silver birch

Betula pendula

Downy birch

Betula pubescens

Hazel

Corylus avellana

Ash

Fraxinus excelsior

Holly

Ilex aquifolium

Crab apple

Malus sylvestris

Scots pine

Pinus sylvestris

Black poplar

Populus nigra

Aspen

Populus tremula

Wild cherry

Prunus avium

Bird cherry

Prunus padus

Sessile oak

Quercus petraea

Pedunculate oak

Quercus robur

Goat willow

Salix caprea

Grey willow

Salix cinerea

Bay willow

Salix pentandra

English whitebeam

Sorbus anglica

Whitebeam

Sorbus aria

Rowan

Sorbus aucuparia

Irish whitebeam

Sorbus hibernica

Rock whitebeam

Sorbus rupicola

Yew

Taxus baccata

Wych elm

Ulmus glabra

”.