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.