EU Plant Health Directive In acting to control plant diseases, Ireland like all other EU Member States must comply with EU plant health legislation. Forest Reproductive Material Directive Ensures that all material used (seeds, plants, and cuttings) has been produced from approved basic material and meets the requirements of one of the four categories of forest reproductive material.
NATIONAL LEGISLATION
Forestry Act 2014 (as amended) A Tree Felling Licence granted by the Minister for Agriculture, Food and the Marine provides authority under the Forestry Act 2014 to fell or otherwise remove a tree or trees and to thin a forest for silvicultural reasons. Wildlife Act 1976 (as amended 2000 and 2023) The Wildlife Act protects an array of species including native birds, mammals, reptiles, and amphibians. It is the principal legislation protecting nesting birds in Ireland. The Act makes it an offence to kill, injure or take any wild bird and to take, damage or destroy any nest that is either in use or being built. The Wildlife Amendment Act (2023) includes provisions requiring public bodies to have regard to objectives and targets in the National Biodiversity Action Plan in the performance of its functions. Planning & Development Act 2000 (as amended) • Section 34(4)(e) allows for conditions attached to planning decisions requiring the planting, maintenance, and replacement of trees
• Section 205 set out provisions for Tree Preservation Orders
• Section 212 establishes that a planning authority may secure land for the preservation of any trees or woodland • The First Schedule related to Section 10 establishes that the Development Plan may indicate objectives to preserve and protect trees Occupier’s Liability Act 1995 As landowners, the Council is responsible for the safety and maintenance of trees on public land. This is also true for private tree owners and trees within their ownership.
[ Appendix 3 ]
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