Forestry Act 2014
PART 5 Afforestation, Forest Road Works and Aerial Fertilisation of Forests | ||
Granting of licences by Minister for afforestation and certain other activities | ||
22. (1) Subject to section 7 , where a person wishes to undertake afforestation, forest road works or aerial fertilisation of forests, he or she shall apply to the Minister for a licence to do so. | ||
(2) An application under subsection (1) shall specify— | ||
(a) the name and address of the applicant, | ||
(b) the name and address of the owner of the lands concerned (if different from the person referred to in paragraph (a)), | ||
(c) the location of the lands concerned, and | ||
(d) such other particulars as may be prescribed by the Minister. | ||
(3) (a) The licence shall be valid for such period as is prescribed by the Minister. | ||
(b) Notwithstanding paragraph (a), the Minister may extend the duration of the licence for one or more further periods. | ||
(c) During the period of the licence the licence shall enure for the benefit of the land and any owner thereof. | ||
(4) The Minister may at any time attach or vary conditions to any licence granted. | ||
(5) In considering applications for a licence, the Minister may— | ||
(a) consult any person whom the Minister considers to be appropriate, and | ||
(b) require the applicant to submit any maps or other documentation in such format (including electronic format) as the Minister may require. | ||
(6) The Minister may require satisfactory evidence demonstrating that the applicant is— | ||
(a) the owner of the lands concerned, or | ||
(b) acting with the consent of, and on behalf of, the owner. | ||
(7) A person who— | ||
(a) undertakes afforestation, forest road works or aerial fertilisation, or | ||
(b) causes or permits afforestation, forest road works or aerial fertilisation to take place, | ||
without a licence, or in contravention of a condition of a licence, shall be guilty of an offence and be liable— | ||
(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or | ||
(ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years or both. | ||
(8) The Minister may make regulations governing the issuing of licences in relation to— | ||
(a) afforestation, | ||
(b) forest road works, and | ||
(c) aerial fertilisation of forests. | ||
(9) Regulations made by the Minister under this section may— | ||
(a) prescribe the format of any application for a licence, | ||
(b) require that— | ||
(i) specific information relating to the site concerned including location, soil type, elevation, aspect, exposure and vegetation type, | ||
(ii) details relating to exclusion zones, fertiliser storage areas, all aquatic zones or abstraction points for known sources of water for human consumption, and | ||
(iii) such other particulars, if any, as the Minister considers necessary for the purpose, | ||
shall be provided to the Minister, | ||
(c) prescribe the placement of public notices on all sites where afforestation, forest road works or aerial fertilisation of forests is proposed, | ||
(d) provide for the publication of decisions made in respect of licence applications, and | ||
(e) provide for any matters ancillary or incidental to matters in this section. |