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Forestry and Land Management (Scotland) Act 2018

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This is the original version (as it was originally enacted).

CHAPTER 4Felling directions

34Felling 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).

35Felling 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.

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