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Forestry Act 1967

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Changes over time for: Cross Heading: Enforcement of licence conditions and felling directions

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Enforcement of licence conditions and felling directionsF15E+W+S

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Non-textual amendments applied to the whole Legislation can be found in the Introduction

24 Notice to require compliance with conditions or directions.E+W+S

(1)The provisions of this section shall apply if—

(a)any works required to be carried out in accordance with conditions of a felling licence are not so carried out; or

(b)any felling directions given by the [F1appropriate forestry authority] are not complied with.

(2)The [F1appropriate forestry authority] may give to the person responsible a notice requiring such steps as may be specified therein to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default; and for purposes of this subsection, “the person responsible” is—

(a)in the case of non-compliance with conditions of a felling licence, [F2the person specified in subsection (2A)]; and

(b)in the case of non-compliance with felling directions, the owner of the trees.

[F3(2A)The person referred to in subsection (2)(a) is—

(a)where the licence relates to land in [F4England or Wales]

(i)the applicant for the licence, if on the date the notice is served he has such estate or interest in the land as is referred to in section 10(1) of this Act; or

(ii)in any other case, the owner of the land.

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)If after the expiration of the time specified in the notice any steps required by the notice have not been taken, the [F1appropriate forestry authority] may, subject to the following section, enter on the land and take those steps.

(4)Without prejudice to the powers of the [F1appropriate forestry authority] under the foregoing subsection, a person who without reasonable excuse fails to take any steps required by a notice given to him under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F6level 5 on the standard scale]; and proceedings in respect of such an offence may be instituted within six months of the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

(5)A person who is required by a notice under this section to carry out works or take any steps may carry out those works or take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

25 Appeal against notice under s. 24.E+W+S

(1)If a person to whom a notice under section 24 is given claims—

(a)that the works in question have been carried out in accordance with the conditions of the felling licence or, in the case of felling directions, that they have been complied with; or

(b)that the steps required by the notice to be taken are not required by the conditions or directions,

he may by a notice served on the Minister [F7where the notice is given in respect of land or trees in [F8England or Wales], F9... ] in the prescribed manner and within the prescribed period after the receipt of the notice under section 24, request the Minister F10... to refer the matter to a committee appointed in accordance with section 27 below.

(2)A notice under section 24 shall be inoperative until the expiration of the prescribed period for the purposes of subsection (1) above and, where a request to the Minister F11... under that subsection is made, until the conclusion of any proceedings under this section in pursuance of the request.

(3)Where such a request is made by a person receiving a notice under section 24, the Minister F12... shall, unless he is of opinion that the grounds for the request are frivolous, refer the matter accordingly to a committee so appointed.

(4)The committee to whom a matter is referred under this section, after complying with section 27(3), shall make a report on the reference to the Minister [F13and who] shall, after considering the report, confirm or cancel the notice to which the reference relates.

26 Expenses etc. in connection with notices under s. 24.E+W+S

(1)If the [F14appropriate forestry authority], in the exercise of their powers under section 24, enter on land and take any steps required by a notice under that section, they may recover from the person to whom the notice was given any expenses reasonably incurred in connection therewith.

(2)The [F14appropriate forestry authority] may remove and either retain or dispose of trees felled by them in the exercise of their said powers, and shall, on a claim made in the prescribed manner by the owner of any trees so removed, pay to him a sum equal to the value of those trees after deducting any expenses reasonably incurred by them in connection with the removal or disposal.

(3)Subject to any express agreement to the contrary, any expenses incurred by a person for the purpose of complying with a notice under section 24, and any sums paid by a person in respect of expenses of the [F14appropriate forestry authority] under that section, shall be deemed to be incurred or paid by that person—

(a)where the notice relates to works required to be carried out in pursuance of conditions of a felling licence, for the use and at the request of the applicant for the licence;

(b)where the notice requires compliance with felling directions, for the use and at the request of the person to whom the directions were given.

(4)Any sums recoverable by or from the [F14appropriate forestry authority] under this section may be recovered as a simple contract debt.

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