Forestry Act 2014

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PART 7

Replanting Orders

Replanting orders

26. (1) Where trees have been—

(a) felled or otherwise removed without a licence under section 7,

(b) felled under a licence and, either at the time of such felling or subsequently, a condition of the licence is contravened, or

(c) in the opinion of the Minister, seriously damaged,

the Minister may issue a replanting order in respect of the owner requiring him or her to replant or to fulfil any or all of the conditions that attached to the licence (or, in a case in which no licence was granted, any or all of the conditions that would, in the opinion of the Minister, have been attached to a licence had such been granted) in accordance with the provisions of the order.

(2) Subsection (1) applies whether or not a prosecution has been or may be brought.

(3) Section 17 (4) (other than paragraph (a)) shall apply to a replanting order with the substitution of “replanting order made” for “licence granted” and any other necessary modifications.

(4) A replanting order may include any or all of the conditions specified in section 17 (4) with any necessary modifications.

(5) Without prejudice to section 21 , where a replanting order is served on any person its provisions shall be binding on that person and on his or her successors in title to the land concerned.

(6) An owner who fails to comply with a replanting order shall be guilty of an offence and be liable—

(a) on summary conviction, to a class D fine, or

(b) on conviction on indictment, to a fine not exceeding €5,000,

for every period of 30 days during which such failure continues.

(7) Where an owner has been convicted under subsection (6) and the failure to comply in respect of which he or she was convicted is continued after the conviction, the owner shall be guilty of a further offence on every day on which such failure continues and for each such offence the person shall be liable—

(a) on summary conviction, to a class E fine, or

(b) on conviction on indictment, to a fine not exceeding €2,500.

(8) Where subsection (7) applies, the Minister may vary the replanting order by specifying a new replanting date in order to take account of seasonal planting variations.

(9) The Minister, may, with the consent of the owner, issue a replanting order in respect of other land owned by the owner instead of the land concerned, in which case subsections (3) to (5) apply to such replanting order.