Forestry Act, 1946
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Notice of intention to uproot or cut down trees. |
37.—(1) Subject to subsection (4) of this section, it shall not be lawful for any person to uproot any tree over ten years old or to cut down any tree, unless the owner of the land on which the tree stands or a predecessor in title of such owner or some person on behalf of such owner or predecessor has, not less than twenty-one days and not more than two years before the commencement of the uprooting or cutting down (as the case may be) of the tree, given to the sergeant in charge of the Gárda Síochána station nearest to the tree a notice in writing (which shall be in the prescribed form and shall specify the name and address of the owner by or on whose behalf such notice is given, a place in the State at which a prohibition order under this Act (if made) in relation to the tree may be served, and such other particulars as may be prescribed) of intention to uproot or cut down (as the case may be) the tree. | |
(2) Where land has been sold before the 1st day of February, 1946, with a reservation to the vendor of trees standing on the land, subsection (1) of this section shall, in relation to any such tree, have effect as if, for a reference to the owner of the land on which the tree stands, there were substituted a reference to the person who is (by virtue of the said reservation) the owner for the time being of the tree. | ||
(3) If any person uproots or cuts down or causes or permits to be uprooted or cut down any tree in contravention of this section, that person shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so uprooted or cut down or caused or permitted to be so uprooted or cut down. | ||
(4) Subsection (1) of this section shall not apply to the uprooting or cutting down of any tree if— | ||
(a) the tree is uprooted or cut down under the authority conferred by a limited felling licence or a general felling licence and during the period during which such authority is exercisable, or | ||
(b) the tree is standing on land held by the Minister for the purposes of this Act, or | ||
(c) the tree is standing in a county or other borough or an urban district, or | ||
(d) the tree is standing within one hundred feet of any building other than a wall or temporary structure, or | ||
(e) the tree is cut down 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), or | ||
(f) the tree is uprooted or cut down by a local authority in connection with road construction or widening or improvement schemes or building or constructional work, or | ||
(g) the tree is certified by a local authority as dangerous to road traffic on account of age or condition, or | ||
(h) the tree is uprooted or cut down by direction of the Minister for Posts and Telegraphs on the ground that it is a danger or obstruction to telegraph or telephone wires. | ||
(5) Nothing in this section shall be construed as limiting the right of a district planning authority, under the Town and Regional Planning Acts, 1934 and 1939, to prohibit under the said Acts the felling of trees in its planning district. |