Forestry Act, 1988

• Jurisdiction: Ireland
• Citation: IR No. 26/1988
• Year: 1988

Number 26 of 1988
FORESTRY ACT, 1988
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title, collective citation and construction. 2. Interpretation. 3. Laying of orders before Houses of Oireachtas. 4. Expenses. 5. Repeals. 6. Amendment of provisions of Forestry Act, 1946. 7. Penalties. 8. Proceedings.
PART II
Establishment and Administration
9. Formation of company. 10. Name and capital formation of company. 11. Form of memorandum of association. 12. Objects of the company. 13. General duty of the company. 14. Acquisition and sale of land and sale of timber. 15. Articles of association. 16. Restriction on alteration of memorandum or articles of association. 17. Issue of shares to Minister for Finance in consideration of transfer of property. 18. Issue of share to Minister. 19. Issue of shares to subscribers to memorandum of association of company. 20. Exercise of powers by Minister for Finance in respect of shares. 21. Transfer or sale by Minister for Finance of shares. 22. Obligation of certain shareholders to hold shares in trust. 23. Payment of dividends, etc. into Exchequer. 24. Power to borrow. 25. Guaranteeing by Minister for Finance of borrowings. 26. Financing of capital works. 27. Provision of working capital for company. 28. Provision of money for payments out of Central Fund. 29. Grants for current expenditure. 30. Accounts and audits. 31. Annual report and furnishing of information to Minister. 32. Disclosure by directors of certain interests. 33. Prohibition on unauthorised disclosure of information. 34. Membership of either House of Oireachtas or European Parliament. 35. Chief Executive. 36. Staff of company. 37. Bye-laws. 38. General Ministerial powers.
PART III
Transitional Provisions
39. Transfer of land. 40. Transfer of other property. 41. Transfer of rights and liabilities. 42. Exemption from stamp duty. 43. Provisions applicable to staff transferred to company. 44. Superannuation. 45. Power of Commissioners of Public Works to undertake work. 46. Charge of rates on property of company. 47. Liability for loss occurring before vesting day. 48. Continuance of pending legal proceedings. 49. Enforcement of judgments. 50. Continuance of certain notices, certificates, declarations and bonds. 51. Continuance of licences and permissions granted by the Minister. 52. Continuance of planning consultations. 53. Transitional financial provisions.
FIRST SCHEDULE
Repeal of Enactments
SECOND SCHEDULE
Amendment of Provisions of Forestry Act, 1946
Acts Referred to Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1986 European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 Finance Act, 1895 58 & 59 Vict. c. 16 Foreshore Act, 1933 1933, No. 12 Forestry Act, 1946 1946, No. 13 Forestry Acts, 1946 to 1976 Holidays (Employees) Act, 1973 1973, No. 25 Local Government (Planning and Development) Acts, 1963 to 1983 Minimum Notice and Terms of Employment Acts, 1973 and 1984 Petty Sessions (Ireland) Act, 1851 14 & 15 Vict. c. 93 Redundancy Payments Acts, 1967 to 1984 State Property Act, 1954 1954, No. 25 Superannuation Acts, 1834 to 1963 Superannuation and Pensions Act, 1976 1976, No. 22 Unfair Dismissals Act, 1977 1977, No. 10 Wildlife Act, 1976 1976, No. 39
Number 26 of 1988
FORESTRY ACT, 1988
AN ACT TO MAKE PROVISION FOR THE DEVELOPMENT OF FORESTRY AND TO PROVIDE FOR THE ESTABLISHMENT OF A COMPANY FOR THAT PURPOSE AND FOR THE ASSIGNMENT TO THE COMPANY OF FUNCTIONS HERETOFORE EXERCISED BY THE MINISTER FOR ENERGY; AND TO PROVIDE FOR RELATED MATTERS. [13th July, 1988]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title, collective citation and construction.	1.—(1) This Act may be cited as the Forestry Act, 1988.
	(2) The Forestry Acts, 1946 to 1976, and this Act may be cited as the Forestry Acts, 1946 to 1988, and shall be construed together as one Act.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“the company” means the company referred to in section 9 (1);
	“the Companies Acts” means the Companies Act, 1963 , and every enactment which is to be construed with it as one Act;
	“functions” includes powers and duties;
	“land” includes land covered by water;
	“Minister” means the Minister for Energy;
	“recognised trade unions and staff associations” means trade unions and staff associations recognised by the company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;
	“State authority” means an authority being—
	(a) a Minister of the Government,
	(b) the Commissioners of Public Works in Ireland,
	(c) the Irish Land Commission;
	“subsidiary” has the meaning assigned to it by section 155 of the Companies Act, 1963 ;
	“vesting day” means the day appointed under section 9 (2) to be the vesting day.
	(2) A reference in this Act to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended.
	(3) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
	(5) Where any function of the company is, under the memorandum of association of a subsidiary of the company, a function of the subsidiary every provision of this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.
	Laying of orders before Houses of Oireachtas.	3.—Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
	Expenses.	4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	Repeals.	5.—(1) Section 53 of the Forestry Act, 1946 , is hereby repealed from the passing of this Act.
	(2) The enactments specified in the First Schedule are hereby repealed with effect from the vesting day to the extent specified in the third column.
	Amendment of provisions of Forestry Act, 1946.	6.—(1) Every provision of the Forestry Act, 1946 , mentioned in Part I of the Second Schedule shall have effect from the passing of this Act as amended in the second column.
	(2) The provision of the Forestry Act, 1946 , mentioned in Part II of the Second Schedule shall have effect from the vesting day as amended in the second column.
	(3) A person charged with an offence under any of the following provisions of the Forestry Act, 1946 , that is to say, sections 37 (3), 38 (2), 39 (4), 42 (3), 45 (2), 47 (2) and 51 (2) may be tried on indictment and, on conviction on indictment, shall be liable to a fine not exceeding £2,000 together with an amount not exceeding £50 for each tree in respect of which the offence is committed or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.
	(4) Section 4 of the Forestry Act, 1946 , is hereby amended by the substitution for every reference to an offence of a reference to a summary offence.
	Penalties.	7.—(1) A person guilty of an offence under section 33 or 37 shall be liable—
	(a) on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or
	(b) on conviction on indictment to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both the fine and the imprisonment.
	(2) On conviction of a person on indictment for an offence to which subsection (1) relates the court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited.
	(3) Where an offence to which subsection (1) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.
	Proceedings.	8.—(1) Summary proceedings for an offence under section 33 or 37 may be brought and prosecuted by the Minister or the company.
	(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act,...