Forestry Act, 1928

• Jurisdiction: Ireland
• Citation: IR No. 34/1928
• Year: 1928

Number 34 of 1928.
FORESTRY ACT, 1928.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Exclusion of particular species of trees. 3. Applications to the Irish Land Commission. 4. Apportionment of land purchase annuities. 5. Notice of intention to cut trees. 6. Compliance with statements in felling notice. 7. Prohibition orders. 8. Licences to fell trees. 9. Panel of Referees. 10. Reference of application to a referee. 11. Compensation on refusal to grant licence. 12. Thinning or clearing permits. 13. Burning of shrubs. 14. Information from sawmillers. 15. Prosecution of offences. 16. Regulations. 17. Expenses. 18. Amendment of Par. (7) of Schedule to Principal Act. 19. Repeals. 20. Short title and citation.
SCHEDULE.
Acts Referred to Adaptation of Enactments Act, 1922 No. 2 of 1922 Ministers and Secretaries Act, 1924 No. 16 of 1924 Local Government Act, 1925 No. 5 of 1925 Electricity (Supply) Act, 1927 No. 27 of 1927
Number 34 of 1928.
FORESTRY ACT, 1928.
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING AFFORESTATION AND FOR THAT PURPOSE TO AMEND THE FORESTRY ACT, 1919, TO RESTRICT THE FELLING OF TREES, AND TO MAKE OTHER PROVISIONS CONNECTED THEREWITH. [10th December, 1928.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Agriculture;
	the expression “the Principal Act” means the Forestry Act, 1919: the word “adapted” when used in relation to the Principal Act means adapted by the Saorstát Eireann Forestry Commissioners Order, 1927, made on the 11th day of August, 1927, by the Executive Council under section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) and the Saorstát Eireann Forestry Commissioners (Transfer of Functions) Order, 1927, made on the 12th day of August, 1927, by the Executive Council under section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924);
	the word “tree” includes a tree of any age or at any stage of growth but does not include any fruit tree or any osier;
	the word “timber” means wood which is the product of any tree;
	the word “wood” save in the foregoing definition includes a plantation;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	Exclusion of particular species of trees.	2.—(1) The Minister may from time to time by order made under this sub-section declare that this Act or such part thereof as may be specified in such order shall not apply to any tree of the species named in such order, and whenever such an order is made this Act or such part thereof as may be so specified shall not apply to any tree of such species as long as such order remains unrevoked.
	(2) An order made under the foregoing sub-section may be revoked at any time by the Minister by order made under this sub-section.
	Applications to the Irish Land Commission.	3.—The following provisions shall apply in respect of every application to the Irish Land Commission under section 7 of and the schedule to the Principal Act as adapted and amended by this Act, that is to say:—
	(1) every such application shall be made to and heard and determined by the Irish Land Commission exclusive of the Judicial Commissioner;
	(2) an appeal shall lie to the Judicial Commissioner from every order made by the Irish Land Commission exclusive of the Judicial Commissioner on any such application;
	(3) the decision of the Judicial Commissioner on an appeal under this section shall be final;
	(4) no such application shall be refused unless the Irish Land Commission, exclusive of the Judicial Commissioner or, on appeal, the Judicial Commissioner is of opinion that the land to which the application relates comes within the provisions of sub-section (2) of section 7 of the Principal Act or that it is required for the purpose of relieving congestion under the Land Purchase Acts;
	(5) if the Irish Land Commission (exclusive of the Judicial Commissioner) or the Judicial Commissioner, as the case may be, is satisfied that after diligent inquiry the owner of the land to which an application or appeal relates cannot be found or cannot be ascertained such application or appeal may, notwithstanding anything to the contrary contained in the said section 7, be heard and determined in the absence of such owner;
	(6) an order made on any such application by the Irish Land Commission exclusive of the Judicial Commissioner or, on appeal, by the Judicial Commissioner, shall operate to extinguish as from the date of such order all grazing, turbary and other rights in the land to which such order relates subject to the payment by the Minister to the owners of such rights of compensation which shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919;
	(7) every such application and every such appeal shall be made and conducted in accordance with rules to be made by the Irish Land Commission.
	Apportionment of land purchase annuities.	4.—Whenever land the subject of an order under section 7 of the Principal Act as adapted and amended by this Act is subject in conjunction with other land to an annuity payable to the Irish Land Commission, the Irish Land Commission may apportion such annuity in such manner as they may deem expedient between the land the subject of such order and such other land or may charge the whole of such annuity on any part of the land subject thereto in exoneration of the residue thereof.
	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.
	Compliance with statements in felling notice.	6.—(1) Where a felling notice contains a statement that a tree is being cut down or uprooted for a specified purpose, it shall not be lawful for any person to use or deal with such tree or any substantial part thereof or cause or permit the same to be used or dealt with when cut down or uprooted in pursuance of such felling notice for any purpose other than the purpose so stated in such felling notice.
	(2) Every person who uses or deals with a tree or any part thereof or causes or permits the same to be used or dealt with in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every such tree, 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.
	Prohibition orders.	7.—(1) Whenever a felling notice has been given in respect of any tree the Minister may, unless such...