Forestry and Land Management (Scotland) Act 2018

30 Suspension of felling permission S

(1) The Scottish Ministers may suspend a felling permission if subsection (2) or (3) applies.

(2) This subsection applies if the Scottish Ministers have reason to believe—

(a) that a felling permission has not been complied with, is not being complied with or is likely not to be complied with,

(b) that that has resulted in, is resulting in, or is likely to result in, harm to the environment or to any living thing, and

(c) that, for the purpose of allowing the Scottish Ministers to investigate the circumstances mentioned in paragraphs (a) and (b)—

(i) in a case where felling has not begun, felling should not begin,

(ii) in a case where felling has begun, felling should stop immediately.

(3) This subsection applies if the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing—

(a) in a case where felling has not begun, felling should not begin,

(b) in a case where felling has begun, felling should stop immediately.

(4) The Scottish Ministers must give a notice suspending a felling permission to the person to whom the felling permission was granted.

(5) The notice must—

(a) set out the Scottish Ministers' reasons for making the suspension,

(b) specify the effect of the suspension on the felling permission,

(c) specify the date on which the suspension takes effect (which must not be earlier than the date on which the notice is given under subsection (4)), and

(d) specify the period for which the suspension is to have effect.

Commencement Information

I1 S. 30 in force at 1.4.2019 by S.S.I. 2019/47, reg. 2 (with regs. 3-22)