COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT
MINUTES OF PROCEEDINGS
MONDAY 22 FEBRUARY 2010
ROOM 30, PARLIAMENT BUILDINGS
Present:
Mr Ian Paisley Jnr. MLA (Chairperson)
Mr Tom Elliott MLA (Deputy Chairperson)
Mr Thomas Burns MLA
Mr Willie Clarke MLA
Mr Pat Doherty MP MLA
Mr William Irwin MLA
Dr William McCrea MP MLA
Mr George Savage MLA
Mr Jim Shannon MLA
In attendance:
Mr Paul Carlisle (Clerk to the Committee)
Mrs Shauna Mageean (Assistant Assembly Clerk)
Mr Mark O’Hare (Clerical Supervisor)
Mr Michael McCoy (Clerical Officer)
Apologies: Mr Francie Molloy MLA
12.42pm The meeting commenced in Closed Session
Members discussed legal advice regarding Clause 5 of the Forestry Bill
12.44pm Mr Shannon entered the meeting
12.55pm Mr Burns entered the meeting
12.57pm Mr Burns left the meeting
1.04pm Mr Savage left the meeting
1.09pm The meeting opened in Public Session
Mr Elliott declared an interest
1. Apologies
As above
2. Minutes
Agreed: The Committee agreed the Minutes of the meeting of 15 February 2010
3. Presentation: DARD – Clause by Clause Scrutiny of the Draft
Forestry Bill
1.10pm The following departmental officials joined the meeting:
David Small – Chief Executive
Stuart Morwood – Director of Woodland Development and Strategies
Michael McCann – Policy and Legislation Branch
John Joe O’Boyle - Director of Forestry
The officials presented to Committee in respect of the above. Following the presentation, Members put questions
1.10pm Mr Savage rejoined the meeting
1.19pm Mr Irwin left the meeting
1.23pm Mr Irwin rejoined the meeting
Clause 1 – General Duty of the Department
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development recommends to the Assembly that clause 1 be amended as agreed between the Committee and the Department and that the Committee agrees to the text of the amendment”.
Clause 2 – Principal Powers of the Department
Clause 3 - Provision of facilities on forestry land
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with clauses 2 and 3 as drafted”
Clause 4 - Use or development of forestry land
Question Put and Agreed
“ That the Committee for Agriculture and Rural Development recommends to the Assembly that clause 4 be amended as agreed between the Committee and the Department and that the Committee agrees to the text of the amendment”.
Clause 5 - Compulsory acquisition of land
Agreed: The Committee agreed to defer a decision on Clause 5 until the next meeting to allow time for further consideration.
Clause 6 - Inquiries, information, etc.
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with Clause 6 subject to the amendment recommended by the Committee and agreed by the Department”.
Clause 7 - Incidental powers
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with Clause 7 subject to the amendment recommended by the Committee and agreed by the Department”.
Clause 8 - Control of animals in forests
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with Clause 8 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 9 - Control of animals on land adjacent to forest
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with Clause 9 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 10 - Removal or destruction of vegetation on adjoining land
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with Clause 10 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 11 - Protection for persons acting under section 8, 9 or 10
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with Clause 11 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 12 - Burning of vegetation
Clause 13 - Protection of forest trees, etc. from pests
Clause 14 - Requirement of licence for felling
Clause 15 - Application for felling licence
Clause 16 - Compensation on refusal of felling licence
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with clauses 12 to 16 as drafted.”
Clause 17 - Operation and conditions of felling licence
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with Clause 17 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 18 - Deferred decision on an application for felling licence
Clause 19 - Appeal against decision of Department on application for felling licence
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with clauses 18 and 19 as drafted.”
1.49pm Mr Shannon left the meeting
1.50pm Mr Shannon rejoined the meeting
Clause 20 - Fees in connection with felling licences
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with clause 20 as drafted.”
Clause 21 - Power of Department to require restocking after unauthorised felling
Clause 22 - Appeal against restocking notice
Clause 23 - Notice to require compliance with felling licence conditions or restocking notice
Clause 24 - Appeal against enforcement notice
Clause 25 - Appeals under this Part
Clause 26 - Identification of trees
Clause 27 - Regulations as to applications, claims and notices
Clause 28 - Application of this Part to Crown land
Clause 29 – Interpretation of this part
Clause 30 - Public right of access to, and byelaws for, forestry land
Clause 31 - Powers of entry
Clause 32 - Obstruction of officers, etc
Clause 33 - Prosecutions under this Act
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with clauses 21 to 33 as drafted.”
Clause 34 – Regulations
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with Clause 34 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 35 – Interpretation
Clause 36 - Application to the Crown
Clause 37 - Amendments and repeals [j24]
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with clauses 35 to 37 as drafted.”
Clause 38 - Commencement
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with Clause 38 subject to the amendment recommended by the Committee and agreed by the Department.”
Clause 39 – Short Title
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with clause 39 as drafted.”
Schedule 1
Schedule 2
Schedule 3
Question Put and Agreed:
“That the Committee for Agriculture and Rural Development is content with the Schedules 1 - 3 as drafted.”
Long Title
Question Put and Agreed:
“ That the Committee for Agriculture and Rural Development is content with the long title as drafted.”
Agreed: The Committee agreed to defer a decision with regard to an additional clause proposed by Forest Service in relation to control (with permission of occupier) of animals on land adjacent to forest until the next meeting
1.56pm The meeting was adjourned