Minister of State Michael Healy-Rae has welcomed “the positive progress made by the forestry sector in mobilising windblown material,” but encouraged owners to seek professional advice before selling their timber.
Responding to recent media reports, the minister said: “From the start I have said that landowners should not rush in and take the first offer they get for their timber.”
He said forest owners with windblow may well have a valuable crop on the ground, so need to look at sale options available.
“Before making any sale, I would urge forest owners to seek professional advice from a registered forester or local Teagasc forestry adviser,” he said.
“Forest owners affected by windblow should ensure they have a good contract and a good timber security system in place,” he added.
“A timber sales contract is important to protect the interests of all parties and no timber should leave a forest without this in place.
“A template tree sales agreement is available on the Irish Timber Growers Association (ITGA) website, and I urge all forest owners to get independent professional advice before signing any timber contract.”
“A timber sales dispatch system is extremely important for security and accountability regarding the movement of timber from the plantation.
“Your registered forester can provide advice on this aspect of the sale.”
Challenges
Donal Whelan, technical director, ITGA, which produced the template agreement and dispatch system, said: “While there have been significant challenges in managing and harvesting the windblow following storm Éowyn, there is a real opportunity for growers and processors to work together to ensure the increase in timber supply is fully utilised with benefits for all parties.”
Whelan outlined how ITGA has updated its sales agreement which contains best practice in timber harvesting and sales including a summary of the timber sales dispatch system.
“The objective of the template agreement is to assist growers with the timber sale and harvesting process,” said Whelan.
“It is always important to use a good contract and agreement and get professional forestry advice before embarking on a timber sale,” he added.
Whelan explained how forest owners and buyers can adapt the template agreement to their own particular timber sale and forest, regardless of size and species.
“The template agreement is structured under various headings for clarity and ease of use,” he said.
“The terms and conditions are designed to cover a range of potential sale situations and forest types and include definitions, warranties, payment terms, rights of access, harvesting operational procedures and controls, indemnity and insurance, compliance, risk, health and safety issues, environmental conditions, force majeure and an arbitration clause.”
Whelan told the Irish Farmers Journal that “it cannot be overstated how important health and safety and indemnity and insurance issues are in harvesting and sale of windblown trees”.
He thanked Minister Healy-Rae for highlighting the importance of proper and legally binding sale agreements.
The template Tree Sales Agreement is available free of charge from the ITGA website.
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