- Draft legislation
This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Forestry (Felling of Trees) (Calculation of the Area of Land) Regulations (Northern Ireland) 2013 No. 137
Draft Regulations laid before the Assembly under section 35(1) of the Forestry Act (Northern Ireland) 2010 for approval
Draft Statutory Rules of Northern Ireland
Forestry
Made
15th May 2013
Coming into operation
17th June 2013
The Department of Agriculture and Rural Development makes the following Regulations in exercise of the powers conferred by section 15(4)(a) of the Forestry Act (Northern Ireland) 2010(1).
1. These Regulations may be cited as The Forestry (Felling of Trees) (Calculation of the Area of Land) Regulations (Northern Ireland) 2013 and shall come into operation on 17th June 2013.
2. In these Regulations—
“the Act” means the Forestry Act (Northern Ireland) 2010.
3. For the purposes of section 15(4)(a) of the Act, the area of the land on which trees are growing shall be calculated for the purposes of section 15(1) of the Act by reference to the area within—
(a)any physical boundary surrounding that land; or
(b)where no such boundary exists, the boundary formed by the outside of the crowns of the perimeter trees that join canopy or, which by virtue of their proximity, have the reasonable potential to join canopy on that land.
(This note is not part of the Regulations)
These Regulations provide for the calculation of the area of any land for the purposes of section 15(1) of the Forestry Act (Northern Ireland) 2010 (the Act). Under section 15(1) of the Act a person is prohibited from felling trees growing on land of 0.2 hectares or more in area unless a licence granted by the Department authorising the felling is in force or an exemption under section 15(2) of the Act applies.
The area is to be ascertained by measuring the area within any physical boundary surrounding that land, or where no such boundary exists, the boundary formed by the outside of the crowns of the perimeter trees that join canopy or, which by virtue of their proximity, have the reasonable potential to join canopy on that land.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Rule accessible to readers who are not legally qualified and accompany any Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: