S.I. No. 151/2009 - Forestry Act 1988 (Section 37) (Coillte Teoranta)bye-laws 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2009.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 37 of the Forestry Act 1988 (No. 26 of 1988) and the Forestry (Transfer of Departmental and Ministerial Functions) Order 2003 ( S.I. No. 691 of 2003 ) and at the request of CoillteTeoranta, hereby make the following bye-laws:

Citation.

1. These Bye-laws may be cited as the Forestry Act 1988 (Section 37) (Coillte Teoranta) Bye-laws 2009.

Interpretation.

2. In these Bye-laws—

“Coillte” means Coillte Teoranta;

“Coillte lands” means lands owned, managed or used by Coillte to which these Bye-laws apply pursuant to Bye-law 3;

“designated” means designated by Coillte under Bye-law 5, 9, 11, 12, 15, 16, or 18, as the case may be—

(a) by means of designation notices on Coillte lands, or

(b) in a permission;

“litter” has the meaning assigned to it by section 2 of the Litter Pollution Act 1997 (No. 12 of 1997);

“Notice of Application of Bye-laws” means a notice posted in accordance with Bye-law 3;

“permission” means permission in writing;

“temporary dwelling” has the meaning assigned to it in section 69(9) of the Roads Act 1993 (No. 14 of 1993);

“vehicle” includes a mechanically propelled vehicle.

Application of Bye-laws.

3. (1) These Bye-laws apply to those Coillte lands in respect of which a Notice of Application of Bye-laws has been posted in a visible location where the public might reasonably gain entrance to those lands.

(2) A Notice of Application of Bye-laws shall refer to these Bye-laws.

Application for permission.

4. (1) Where an application for permission is made to Coillte pursuant to these Bye-laws, Coillte may grant the permission and such permission may be subject to conditions.

(2) Coillte may at any time revoke a permission or vary any conditions attaching to a permission.

Access to Coillte lands.

5. (1) Coillte lands shall be open on such days and during such hours and to such extent as may be determined from time to time by Coillte.

(2) A person shall not enter or exit Coillte lands except through gateways or other openings as may be designated.

(3) Coillte may allow, restrict or prohibit access to, or use of—

(a) Coillte lands, or

(b) designated areas on any part of Coillte lands.

(4) Without prejudice to the generality of paragraph (3), Coillte may temporarily restrict access to sections of a public right of way on Coillte lands for operational reasons. In the event of such restriction Coillte shall specify the period of time such restriction will remain in effect and, where reasonably practicable, provide a temporary alternative route.

(5) Where, under paragraph (4), Coillte temporarily restricts access to a section of a public right of way on Coillte lands, Coillte shall, except in a case of emergency, give prior notice in writing of particulars of the restriction to the county council or city council in whose area the Coillte lands are situated.

(6) A designation notice shall refer to these Bye-laws.

6. Except with the permission of Coillte, a person shall not enter or remain on Coillte lands other than in accordance with Bye-law 5.

Litter and waste.

7. A person shall not bring any litter or waste onto Coillte lands, or deposit on Coillte lands any litter or waste except in receptacles provided for that purpose.

8. A person shall not burn any litter or waste on Coillte lands.

Vehicles, cycles, etc.

9. (1) A person shall not use on Coillte lands any vehicle, cycle, skateboard, roller skates or blades, or any similar mode of conveyance, except—

(a) in such areas,

(b) on such routes, and

(c) where applicable, of such engine power or capacity,

as may be designated.

(2) A person shall not use on Coillte lands any mode of conveyance, except on such places and on such routes as may be designated in respect of the mode of conveyance concerned.

10. A person shall not abandon any mode of conveyance on Coillte lands.

11. A person shall not leave any mode of conveyance unattended on Coillte lands except in designated standing or parking areas.

Bathing.

12. A person shall not bathe or swim in any waters on Coillte lands except in designated places.

Dogs.

13. Subject to Bye-law 14 a person shall not cause or allow a dog to be on Coillte lands without it being kept under effectual control as required under the Control of Dogs Act 1986 (No. 32 of 1986).

14. A person shall not cause or allow a breed of dog specified in Article 4 of the Control of Dogs (Restriction of Certain Dogs) Regulations 1991 ( S.I. No. 123 of 1991 ) to be on Coillte lands.

Horses, cattle, etc.

15. (1) A person shall not—

(a) bring or allow a horse to remain on Coillte lands, or

(b) lead, walk or ride a horse,

except on designated routes and with the permission of Coillte.

(2) A person shall not otherwise allow any horse, cattle, sheep or other animal to enter onto or remain on Coillte lands for the purpose of grazing or otherwise, except with the permission of Coillte.

Temporary dwellings.

16. A person shall not place or erect on Coillte lands any temporary dwelling, except in designated areas and with the permission of Coillte.

Firearms.

17. A person shall not bring onto Coillte lands or use any firearm, as defined in section 4 of the Firearms and Offensive Weapons Act 1990 (No. 12 of 1990), except with the permission of Coillte—

(a) for competitions approved by Coillte, and

(b) for practice for such approved competitions.

Bonfires and barbeques.

18. Except with the permission of Coillte and in designated areas, a person shall not make a fire, bonfire or barbeque on Coillte lands.

Intoxicating liquor.

19. A person shall not consume on or bring onto Coillte lands any intoxicating liquor.

Use of musical instruments, etc.

20. A person shall not play a musical instrument, radio, stereo or other audio equipment at such a level that could interfere with the reasonable use and enjoyment of Coillte lands by any other person.

Further prohibited use of Coillte lands.

21. A person shall not cause any damage to any tree, or deface or otherwise mark any object or structure on Coillte lands.

22. A person shall not throw any object on or from Coillte lands in a manner that may injure any person.

23. A person shall not injure or otherwise interfere with any wildlife on Coillte lands, but nothing in this Bye-law shall affect Bye-law 17.

24. A person shall not remove or deface any sign on Coillte lands.

GIVEN under my Official Seal,

9 April 2009

BRENDAN SMITH,

Minister for Agriculture, Fisheries and Food.