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Forestry Act (Northern Ireland) 1953

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Forestry Act (Northern Ireland) 1953 is up to date with all changes known to be in force on or before 26 September 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

1Responsibility of Ministry for forestry in Northern Ireland.N.I.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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2Powers of Ministry, subject to approval of Ministry of Finance.N.I.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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3Further powers of Ministry.N.I.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Ss. 4‐8 rep. by 1984 NI 2

9Destruction of rabbits, hares or deer.N.I.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

10Prevention of damage caused by rabbits and vermin.N.I.

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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11Burning of vegetation.N.I.

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

12Removal or destruction of vegetation on land adjoining woods.N.I.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

13Identification of trees.N.I.

Any person authorised by the Ministry may take such steps, whether by marking or otherwise, as the Ministry may consider necessary for identifying trees for the purposes of any of the functions of the Ministry under this Act.

14Forest parks.N.I.

[F8(1)The Ministry may with the consent of the Ministry of Finance by regulation declare that any land owned by the Ministry shall be treated as a Northern Ireland forest park (in this section referred to as “a forest park” ) [F9 or as a Northern Ireland forest recreation area (in this section referred to as “a forest recreation area” )], and thereupon the public shall have access to that land subject to and in accordance with such byelaws as may be made under this section.

F9[(1A)Sub-section (1) shall apply to land held by the Department under a lease in like manner as it applies to land owned by the Department but nothing in this section shall authorise anything which is contrary to the provisions of the lease.

(1B)For the purpose of improving the amenity of land acquired by the Department under this Act or under any other enactment or otherwise, the Department may provide on that land such facilities as it considers desirable for such improvement and, without prejudice to the generality of this power, such facilities may include—

(a)parking places, caravan parks, camping sites, shelters and lavatories;

(b)meals and refreshment;

(c)viewing points for the public, open spaces, footpaths and bridlepaths;

(d)the planting of trees to enhance the landscape;

(e)the provision of nature trails, arboreta, wildlife enclosures, interpretative centres, forest conservation areas, scenic drives;

and such other recreational, conservational and educational facilities as the Department considers appropriate.

(1C)The Department may, with the approval of the Department of Finance, impose such charges on persons entering all or any of the forest parks or forest recreation areas or making use of any facility provided as it considers reasonable.]

(2)The Ministry may make byelaws—

(a)prescribing the times during which the public shall have access to forest parks [F9 or forest recreation areas];

(b)making such provision as may appear to the Ministry to be necessary for the preservation of trees or timber in forest parks [F9 or forest recreation areas];

(c)prohibiting or regulating any act or thing tending to injury or disfigurement of forest parks [F9 or forest recreation areas] or the amenities thereof;

(d)without prejudice to the generality of the preceding provisions of this sub-section, providing for the reasonable use of forest parks [F9 or forest recreation areas] by the public for the purposes of exercise and recreation.

(3)The Ministry may authorise persons appointed or employed by the Ministry to exercise such powers and perform such duties as the Ministry may consider necessary for the enforcement of byelaws made under this section, and in particular any person so authorised may after due warning remove or exclude from any forest park [F9 or forest recreation area] a person who commits, or whom he reasonably suspects of committing, an offence against any byelaw made under this section or against the section which, by virtue of sub-section (1) of section fifty-seven of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935 [1935 c.13] , was substituted for section four of the Vagrancy Act, 1824 [1824 c.83] .

(4)A person who commits an offence against any byelaw made under this section, or who obstructs any person authorised in accordance with sub-section (3) of this section, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding[F10 level 3 on the standard scale] and, for a continuing offence, to a further fine not exceeding [F11 £2] in respect of each day during which the offence continues.]

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F8S. 14 repealed (13.9.2010 for s. 14(1B)(1C), otherwise prosp.) by Forestry Act (Northern Ireland) 2010 (c. 10), ss. 38(3), 39(1), Sch. 2 (with s. 37); S.R. 2010/309, art. 2, Sch.

15Financial provisions.N.I.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

16Power of entry on land.N.I.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

17Miscellaneous offences.N.I.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

18Notices.N.I.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

19Regulations.N.I.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

20Interpretation.N.I.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

S. 21 rep. by SLR 1973

22Short title.N.I.

(1)This Act may be cited as the Forestry Act (Northern Ireland), 1953.

Subs. (2) rep. by SLR 1973

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