Forestry Bill
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Tuesday 27 April 2010
Amendments tabled up to 9.30am Thursday, 22 April 2010
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1 [Made]
Clause 1 , Page 1, Line 5
After ‘promoting’ insert ‘afforestation and sustainable’
Minister of Agriculture and Rural Development
Amendment 2 [Made]
Clause 1 , Page 1, Line 5
At end insert -
‘(1A) The Department must carry out that duty -
(a) in relation to forestry land, in such a way as to promote and encourage the enjoyment and recreational use of that land by the public; and
(b) in relation to other forests, in such a way as to promote the social benefits of those forests.’
Minister of Agriculture and Rural Development
Amendment 3 [Negatived]
Clause 1 , Page 1, Line 5
As an amendment to amendment 2,
At end insert -
‘(c) with a view to increasing by 100 per cent the area covered by forest by the end of 2056 relative to the area specified by the Forest Strategy published by the Department in 2006.’
Dr Stephen Farry
Mr Kieran McCarthy
Amendment 4 [Made]
Clause 1 , Page 1, Line 9
Leave out ‘the development of afforestation,’
Minister of Agriculture and Rural Development
Amendment 5 [Made]
Clause 1 , Page 1, Line 11
Leave out ‘forestry land’ and insert ‘forests’
Minister of Agriculture and Rural Development
Amendment 6 [Made]
Clause 1 , Page 1, Line 12
Leave out from ‘and’ to end of line 13
Minister of Agriculture and Rural Development
Amendment 7 [Made]
Clause 1 , Page 1, Line 12
After ‘environment’ insert ‘, biodiversity and the mitigation of, or adaptation to, climate change’
Minister of Agriculture and Rural Development
Amendment 8 [Made]
Clause 2 , Page 2, Line 9
At end insert -
‘( ) make, on such terms and conditions as the Department thinks fit, payments for the purpose of forestry management;’
Minister of Agriculture and Rural Development
Amendment 9 [Made]
Clause 4 , Page 2, Line 39
Leave out subsections (2) and (3)
Minister of Agriculture and Rural Development
Amendment 10 [Made]
Clause 5 , Page 3
Leave out lines 6 and 7 and insert -
‘, whether for a limited period or otherwise, for the purposes of, or in connection with, providing or improving access to any land so as to facilitate the carrying out of any of its functions under this Act.
(1A) The power of acquiring land compulsorily under subsection (1) includes power to acquire, by the creation of a new right, an easement or other right over land.’
Minister of Agriculture and Rural Development
Amendment 11 [Made]
Clause 6 , Page 3, Line 25
At end insert -
‘(2A) The Department -
(a) shall provide and maintain a register providing such information as the Department considers appropriate as to the location and size of woodlands in Northern Ireland and the types of trees therein;
(b) shall publish that register in such form as the Department thinks appropriate at intervals not exceeding 10 years;
(c) may exercise the powers in subsection (1)(b) and (c) in connection with the provision or maintenance of that register.’
Minister of Agriculture and Rural Development
Amendment 12 [Negatived]
Clause 6 , Page 3, Line 25
As an amendment to amendment 11,
Leave out ‘10’ and insert ‘5’
Dr Stephen Farry
Mr Kieran McCarthy
Amendment 13 [Made]
Clause 7 , Page 4, Line 2
Leave out from beginning to ‘particular’ in line 4 and insert ‘For the purpose of the exercise of its functions under this Part,’
Minister of Agriculture and Rural Development
Amendment 14 [Made]
Clause 7 , Page 4, Line 10
At end insert -
‘(4) The power under subsection (2)(a) is exercisable for the purposes of the exercise of the functions of the Department under section 4(1) only with the approval of DFP.’
Minister of Agriculture and Rural Development
Amendment 15 [Made]
Clause 8 , Page 4, Line 15
Leave out ‘wild animals’ and insert ‘deer or hares (other than Irish hares)’
Minister of Agriculture and Rural Development
Amendment 16 [Made]
Clause 8 , Page 4, Line 17
Leave out from ‘either’ to ‘purposes’ in line 18 and insert ‘forest’
Minister of Agriculture and Rural Development
Amendment 17 [Made]
Clause 8 , Page 4, Line 20
Leave out ‘at any time, kill, take or destroy any wild animals’ and insert ‘take, kill or destroy any deer or hares (other than Irish hares)’
Minister of Agriculture and Rural Development
Amendment 18 [Made]
Clause 8 , Page 4, Line 24
Leave out subsection (4)
Minister of Agriculture and Rural Development
Amendment 19 [Made]
New Clause
After clause 8 insert -
‘Control (with permission of occupier) of animals on land adjacent to forest
8A. -(1) In this section -
“land A” means any land falling within section 8(2);
“land B” means any land -
(a) which adjoins land A; or
(b) any part of which is within 500 metres of any part of land A.
(2) The following provisions apply where the Department is satisfied that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.
(3) The Department may serve on the occupier of land B a notice -
(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and
(b) requesting that the occupier -
(i) take effective steps, within 3 months of the date of the service of the notice, to prevent the damage; or
(ii) grant permission for an authorised person to enter land B and exercise the powers conferred by subsection (4).
(4) An authorised person may with the permission of the occupier take, kill or destroy any wild animals on land B.
(5) If land A or land B is unoccupied, subsections (3) and (4) apply with the substitution of references to the owner of that land for references to the occupier.
(6) In this section “wild animal” means any animal which is living wild and is likely to damage trees, other than -
(a) a bird;
(b) the Irish hare;
(c) an animal for the time being included in Schedule 5 to the Wildlife ( Northern Ireland) Order 1985 (NI 2).’
Minister of Agriculture and Rural Development
Amendment 20 [Made]
Clause 9 , Page 5, Line 14
Leave out subsection (8) and insert -
‘(8) Where the occupier of land A is not the Department, any costs incurred by the Department in connection with an authorised person taking action under subsection (7) are recoverable as a civil debt from the occupier of land A.’
Minister of Agriculture and Rural Development
Amendment 21 [Made]
Clause 9 , Page 5, Line 19
Leave out ‘section 8’ and insert ‘section (Control (with permission of occupier) of animals on land adjacent to forest)’
Minister of Agriculture and Rural Development
Amendment 22 [Made]
Clause 10 , Page 5, Line 27
Leave out paragraph (b) and insert -
‘(b) requesting that, within 30 days from the date of service of the notice -
(i) any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest be removed or destroyed; or
(ii) such other measures as are specified in the notice be taken in relation to that vegetation for the purposes of reducing the risk of the forest being damaged by fire.’
Minister of Agriculture and Rural Development
Amendment 23 [Made]
Clause 10 , Page 5, Line 33
At end insert -
‘or take such other measures in relation to that vegetation as the Department considers appropriate for the purposes of reducing the risk of the forest being damaged by fire.’
Minister of Agriculture and Rural Development
Amendment 24 [Made]
Clause 11 , Page 5, Line 39
Leave out ‘section 7 or 7A’ and insert ‘section 7(1)(a) or 7A(1)(a)’
Minister of Agriculture and Rural Development
Amendment 25 [Made]
Clause 11 , Page 5, Line 41
Leave out ‘Article 10(1) or (2) or 19(1), (2)’ and insert ‘Article 19(1)’
Minister of Agriculture and Rural Development
Amendment 26 [Made]
Clause 11 , Page 6, Line 3
After ‘8(3)’ insert ‘, (Control (with permission of occupier) of animals on land adjacent to forest)(4)’
Minister of Agriculture and Rural Development
Amendment 27 [Made]
Clause 11 , Page 6, Line 4
After ‘section’ insert ‘(Control (with permission of occupier) of animals on land adjacent to forest)(3) or’
Minister of Agriculture and Rural Development
Amendment 28 [Negatived]
Clause 14 , Page 8, Line 13
Leave out from the first ‘a’ to the end of line 14 and insert ‘the Department’
Dr Stephen Farry
Mr Kieran McCarthy
Amendment 29 [Made]
Clause 17 , Page 10, Line 13
At end insert -
‘( ) In determining the felling management plan for any land which consists of, or includes, ancient woodland, the Department shall have regard to the desirability of maintaining the special character of that woodland.’
Minister of Agriculture and Rural Development
Amendment 30 [Negatived]
Clause 17 , Page 10, Line 13
As an amendment to amendment 29,
At end insert -
‘and ensure that there is no net loss of area of any ancient or long-established woodland’
Dr Stephen Farry
Mr Kieran McCarthy
Amendment 31 [Made]
Clause 34 , Page 18, Line 7
After ‘14’ insert ‘or 20’
Minister of Agriculture and Rural Development
Amendment 32 [Made]
Clause 38 , Page 19, Line 21
At end insert -
‘( ) No order may be made under subsection (1) in relation to any provision of section 9 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’
Minister of Agriculture and Rural Development