Forestry and the Law
Forestry in Ireland operates within a legal and regulatory framework. This is necessary so as to ensure that forests are protected and forestry operations and activities are carried out in compliance with the principles of sustainable forest management.
It is important that those involved in forestry sector are familiar with the various legal and regulatory obligations involved.
Licenses and Approvals
Some forestry activities are regulated by law, requiring either a license from, or the approval (consent) of, the Minister for Agriculture, Fisheries and Food.
Under the Forestry Act 1946, a Felling License is required to cut down or remove any tree (subject to certain exemptions).
Under the European Communities (Aerial Fertilisation) (Forestry) Regulations 2006, a license is required to undertake the aerial fertilisation of a forest.
Under the European Communities (Forest Consent and Assessment) Regulations 2010, the approval of the Minister is required in respect of afforestation (any area greater than 0.10 hectare) and forest road construction projects.
It is an offence to undertake any of these activities without the necessary license and/or approval.
Legal and Regulatory Framework relevant to Irish Forestry
The following lists relevant Irish and EU legislation, together with the various international protocols which have a bearing on forest practice in Ireland.
Primary legislation
- Forestry Act 1946
- Forestry Act 1956 (repealed by Wildlife (Amendment) Act 2000)
- Forestry Act 1988
- Local Government (Water Pollution) Acts 1977-1990
- Environmental Protection Agency Act 1992
- National Monuments Acts and Amendments 1930-2004
- Wildlife Acts 1976 and 2000
- Roads Act 1993
- Occupiers Liability Act 1995
- Waste Management Act 1996
- Litter Pollution Act 1997
- Planning and Development Act 2000
Secondary legislation
- Forestry 1946 (Part IV) Regulations 1949 (S.I. No. 67 of 1949)
- Local Government (Water Pollution) Act, 1977 (Water Quality Standards for Phosphorus) Regulations, 1998 (S.I. No. 258 of 1998)
- European Communities (Forest Consent and Assessment) Regulations 2010 (S.I. No 558 of 2010)
- European Communities (Aerial Fertilisation) (Forestry) Regulations 2006 (S.I. No 592 of 2006), as amended by the European Communities (Aerial Fertilisation) (Forestry) (Amendment) Regulations 2007 (S.I. 790 of 2007)
- Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)
- Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)
- Planning and Development Regulations 2001 (S.I. No. 600 of 2001)
EU Legislation
- Council Directive 66/404/EEC on the marketing of forest reproductive material
- Council Directive 71/161/EEC on external quality standards for forest reproductive material marketed within the Community
- Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
- Council Directive 79/409/EEC on the conservation of wild birds
- Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment
- Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
- Council Directive 1999/105/EC on the marketing of forest reproductive material
- Directive 2000/60/EC establishing a framework for Community action in the field of water policy
- Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment
- Directive 2006/11/EC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community
Copies of Irish Legislation can be obtained from the Attorney General's website or by mail from:
Government Publications4-5 Harcourt Road
Dublin 2
Tel: 01-6476000
