Forestry Act, 1928

Notice of intention to cut trees.

5.—(1) It shall not be lawful for any person to cut down any tree or to uproot any tree over ten years old unless, not less than twenty-one days before the commencement of the cutting down or uprooting of such tree, the owner thereof or his predecessor in title or some person on behalf of such owner or predecessor shall have given to the sergeant in charge of the Gárda Síochána station nearest to such tree a notice in writing (in this Act referred to as a felling notice) of intention to cut down or uproot such tree.

(2) Every felling notice shall be in the prescribed form and shall state the name and address of the owner by or on whose behalf such notice is given, a place in Saorstát Eireann at which documents may be served under this Act and such other particulars as may be prescribed.

(3) If any person cuts down or uproots or causes or permits to be cut down or uprooted any tree in contravention of this section, he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so cut down or uprooted or caused or permitted to be cut down or uprooted, but where it is shown that the commission of the offence was the result of a bona fide mistake of fact the total penalty shall not in any event exceed £100.

(4) If any person makes in a felling notice any statement which is false or misleading in any material respect he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

(5) This section shall not apply to any tree in respect of which a permit has been granted by the Minister under this Act so long as such permit is in force, nor to any tree in respect of which a licence has been granted by the Minister under this Act, nor to any tree the cutting down of which is authorised under section 34 of the Local Government Act, 1925 (No. 5 of 1925), or section 98 of the Electricity (Supply) Act, 1927 (No. 27 of 1927), nor to any tree which is the subject of a contract for the sale thereof made before the 1st day of April, 1928, where particulars of such contract verified in the prescribed manner have been furnished to the Minister within one month from the commencement of this Act and such tree is cut down or uprooted within six months from the commencement of this Act.