PART 4Felling
CHAPTER 4Felling directions
I134Felling directions
1
Subsection (2) applies if it appears to the Scottish Ministers that felling of trees is required—
a
to prevent deterioration or further deterioration in the quality of timber comprised in the trees,
b
to improve the growth of other trees, or
c
to prevent or reduce harm caused by the presence of the trees.
2
The Scottish Ministers may give a direction (a “felling direction”) to an owner of the land on which the trees are located requiring that person to fell those trees.
3
In deciding to give a felling direction, the Scottish Ministers must have regard to their duty to promote sustainable forest management.
4
The Scottish Ministers must, before deciding to give a felling direction in relation to a tree that is covered by a tree preservation order—
a
consult the planning authority that made the order, and
b
have regard to any representations made by that planning authority.
5
The Scottish Ministers may vary or revoke a felling direction (including any condition imposed on it).
6
The Scottish Ministers may by regulations make further provision about felling directions.
7
Regulations under subsection (6) may, in particular, include provision about—
a
the circumstances in which a felling direction may not be given,
b
the requirements to be included in a felling direction,
c
how felling directions are to be notified,
d
the imposition of conditions on a felling direction (which may include steps that must be taken after the direction is complied with).
I235Felling directions: offence
1
A person commits an offence if the person fails, without reasonable excuse, to comply with a felling direction (including any condition imposed on it) given to the person.
2
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.