Forestry (Native Tree Area Scheme) Regulations 2023 (S.I. No. 484/2023).

These Regulations require the Minister to establish and administer the Native Tree Area Scheme (“the scheme”) in application of section 22A of the Forestry Act 2014 (the Act) as modified by Animal Health and Welfare and Forestry Miscellaneous Provisions) Act 2022 (No. 4 of 2022). The purpose of the scheme is to enable the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy. The Scheme is restricted to an application for the planting of a native tree area on a farm holding. For the purposes of the Scheme, a successful applicant shall be exempt from the licensing requirements of section 22 of the Act ((afforestation licence) in respect of the area of land covered by the scheme. The Minister may approve an application for entry into the scheme only where, on the basis of objective information, the proposed native tree area is not likely to have a significant effect on a European site in view of the site conservation objectives, either individually or in combination with other plans or projects.
The Regulations provide for the application process, clarify the decision making process, identify conditions to the consent, situation when the consent can be revoked or conditions varied. Where the planting of a native tree area is completed in accordance with the scheme requirements, the applicant may apply for a native tree area grant. Where an applicant makes an application for entry onto the scheme and is approved by the Minister, a contract shall exist under the Scheme between the applicant and the Minister. Area in Schedule 1 are not eligible for inclusion in the scheme.