PART 4 Felling

CHAPTER 2 Offence of unauthorised felling

23 Offence of unauthorised felling
(1) A person commits an offence if the person fells a tree unless—
(a) the felling is exempt under section 24, or
(b) the felling is carried out in accordance with—
(i) a felling permission,
(ii) a felling direction,
(iii) a restocking direction,
(iv) a registered notice to comply,
(v) a remedial notice, or
(vi) a registered remedial notice.
S. 23(1) excluded (1.4.2019) by The Forestry (Exemptions) (Scotland) Regulations 2019 (S.S.I. 2019/126), regs. 1, 3, 4 (with reg. 5)
(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.
(3) Where an offence under subsection (1) is committed in respect of more than one tree, the maximum fine under subsection (2) is to be determined as if the person had been convicted of a separate offence in respect of each tree.
S. 23 in force at 1.4.2019 by S.S.I. 2019/47, reg. 2 (with regs. 3-22)