Forestry Act, 1946

• Jurisdiction: Ireland
• Citation: IR No. 13/1946
• Year: 1946

Number 13 of 1946.
FORESTRY ACT, 1946.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary And General.
Section 1. Short title and commencement. 2. Definitions generally. 3. Service of certain documents. 4. Prosecution of offences. 5. Regulations. 6. Repeals. 7. Expenses. 8. Application of moneys received by the Minister.
PART II.
Promotion of Interests of Forestry and Development of Afforestation, and Production and Supply of Timber.
9. General powers of the Minister. 10. Consultative Committee. 11. Inspection of land.
PART III.
Extinguishment of Easements, Creation of Rights of Way and Compulsory Acquisition of Land.
Chapter I.
Preliminary and General.
12. Definitions for purposes of Part III. 13. Provisions in relation to applications and appeals under Part III. 14. Finality of decision of Appeal Tribunal on appeals under Part III. 15. Application of Acquisition of Land (Assessment of Compensation) Act, 1919. 16. Powers of Lay Commissioners and Appeal Tribunal to award costs in proceedings under Part III. 17. Payment of compensation under sections 19, 20, 21 and 30 of this Act. 18. Costs of deducing title to compensation under sections 19, 20, 21 or 30 of this Act.
Chapter II.
Extinguishment of Easements and Creation of Rights of Way.
19. Extinguishment of easements. 20. Temporary rights of way for the transport of timber. 21. Creation of rights of way.
Chapter III.
Compulsory Acquisition of Land.
22. Particulars of interests in land. 23. Authorisation to the Minister to acquire land compulsorily. 24. Assessment of value of interests in land the subject of an acquisition order. 25. Provisional apportionment of certain annual sums and assessment of value of part thereof. 26. Vesting orders. 27. Retrospective apportionment of State annuities in certain cases. 28. Taking possession of land acquired by the Minister. 29. Order for possession of land vested in the Minister. 30. Compensation. 31. Assessment of compensation in respect of interests. 32. Allocation of compensation in respect of mortgaged interests. 33. Fixing and payment of compensation in small cases. 34. Limited application of the Lands Clauses, Acts.
PART IV .
Restrictions on Cutting Down and Injuring Trees.
35. Definitions for purposes of Part IV. 36. Exclusion of particular species of trees from operation of Part IV. 37. Notice of intention to uproot or cut down trees. 38. Provisions in relation to trees intended to be uprooted for transplantation. 39. Prohibition orders. 40. Limited felling licences. 41. Attachment of replanting conditions and preservation conditions to limited felling licences. 42. Attachment of contributing condition to limited felling licences. 43. Suspension or termination of authority conferred by a limited felling licence. 44. Refusal of limited felling licence in order to preserve amenities. 45. Restriction of use of exempted trees. 46. Utilisation (exempted trees) orders. 47. Restriction of use of certain trees the subject of a utilisation (exempted trees) order. 48. Felling licences granted under section 8 of the Act of 1928. 49. General felling licences. 50. Conditions attached to licences, etc., to be specified therein. 51. Penalty for injuring trees. 52. Replanting orders. 53. Limitation on certain penalties. 54. Registration under the Registration of Title Act, 1891, of certain conditions and orders. 55. Panel of referees. 56. Reference of certain matters to a referee. 57. Transitory provisions.
PART V.
Miscellaneous.
58. Prevention of damage by rabbits and vermin. 59. Destruction of hares on lands held by the Minister for purposes of Act. 60. Other provisions in relation to destruction of hares. 61. Burning of vegetation. 62. Removal or destruction of vegetation on land adjoining woods. 63. Information from saw-millers. 64. Penalty for false statements, etc. 65. Transfer to the Minister for Agriculture of powers of Minister under Destructive Insects and Pests Acts, 1877 to 1929.
SCHEDULE.
Acts Referred to Registration of Title Act, 1942 No. 26 of 1942 Forestry Act, 1928 No. 34 of 1928 Land Act, 1933 No. 38 of 1933 Foreshore Act, 1933 No. 12 of 1933 Minerals Development Act, 1940 No. 31 of 1940 State Lands Act, 1924 No. 45 of 1924 Land Law (Commission) Act, 1923 No. 27 of 1923 Local Loans Fund Act, 1935 No. 16 of 1935 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Court Officers Act, 1945 No. 25 of 1945 National Monuments Act, 1930 No. 2 of 1930 Local Government Act, 1925 No. 5 of 1925 Electricity Supply Act, 1927 No. 27 of 1927 Local Authorities (Miscellaneous Provisions) Act, 1936 No. 55 of 1936 Game Preservation Act, 1930 No. 11 of 1930
Number 13 of 1946.
FORESTRY ACT, 1946.
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO FORESTRY. [12th June, 1946.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and commencement.	1.—(1) This Act may be cited as the Forestry Act, 1946.
	(2) This Act shall come into operation on such day as the Minister shall by order appoint in that behalf.
	Definitions generally.	2.—In this Act—
	the expression “the Act of 1891” means the Registration of Title Act, 1891, as amended by the Registration of Title Act, 1942 (No. 26 of 1942);
	the expression “the Act of 1928” means the Forestry Act, 1928 (No. 34 of 1928);
	the expression “the Minister” means the Minister for Lands;
	the expression “the operative date” means the date on which this Act comes into operation;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act;
	the word “timber” means wood which is the product of any tree;
	the word “tree” does not include any hazel, apple, plum, damson, pear or cherry tree grown for the value of its fruit or any ozier, but with those exceptions includes every tree of any age or any stage of growth;
	the word “wood” (save in the definition of the word “timber”) includes a plantation.
	Service of certain documents.	3.—(1) Where any document (other than a prohibition order made under subsection (1) of section 39 of this Act) is permitted or required by this Act to be served by the Minister or the Irish Land Commission on any person, the following provisions shall apply in relation to the service of that document, that is to say:—
	(a) the document may be served—
	(i) by delivering it to that person, or
	(ii) by sending it by registered post in an envelope addressed to that person at an address in the State at which he ordinarily resides or carries on business, or
	(iii) by sending it by registered post in an envelope addressed to an agent of that person at an address in the State at which such agent ordinarily resides or carries on business,
	(b) in case the Minister or the Irish Land Commission certifies that it is not reasonably practicable to serve the document in accordance with paragraph (a) of this subsection, the document shall be deemed to have been duly served on that person if a copy thereof is published in Iris Oifigiúil and the date of service shall be taken to be the date of such publication.
	(2) Where the Minister or the Irish Land Commission publishes, under subsection (1) of this section, in the Iris Oifigiúil a copy of a document, the Minister or the Irish Land Commission shall also publish a copy of that document in one or more newspapers circulating in the locality in which the land to which that document relates is situate.
	(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporate body shall be deemed to carry on business at its principal office or place of business in the State.
	Prosecution of offences.	4.—(1) Proceedings for an offence under any section or subsection of this Act shall not be instituted except by the Minister or with the consent of the Minister or an officer of the Department of Lands, not below the rank of an Assistant Secretary, nominated by the Minister for the purpose.
	(2) Every offence under any section or subsection of this Act may be prosecuted by or at the suit of the Minister as prosecutor.
	(3) Notwithstanding anything contained in section 10 of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under any section or subsection of this Act may be instituted at any time within one year after the time at which the cause of complaint has arisen.
	Regulations.	5.—(1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed.
	(2) Subsection (1) of section 3 of the Land Act, 1933 (No. 38 of 1933), shall apply to any regulations made by the Minister under this section prescribing any matter or thing referred to in Part III of this Act as prescribed, other than matters relating to the practice and procedure of the Appeal Tribunal, in like manner as if such matter or thing were being prescribed for the purposes of the Land Purchase Acts by rules made under the said subsection (1).
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