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Forestry Act 1967

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16 Review of refusal or conditions of licence.F9E+W+S

(1)The following provisions shall have effect for enabling the decision of the [F1appropriate forestry authority] on an application for a felling licence to be reviewed where they refuse to grant a felling licence or grant it subject to conditions.

(2)A person aggrieved by the refusal or conditions may by a notice served within the prescribed time and in the prescribed manner request the Minister [F2where the application was to fell trees in [F3England or Wales] F4...] to refer the matter to a committee appointed in accordance with section 27 below and—

(a)the Minister F5... shall, unless he is F6... of opinion that the grounds for the request are frivolous, refer the matter accordingly;

(b)the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister F7... .

(3)The Minister F8... shall, after considering the committee’s report, confirm the decision of the [F1appropriate forestry authority] on the application, or reverse or modify that decision and direct the [F1appropriate forestry authority] to give effect to the reversal or modification.

(4)No request may be made under this section in respect of a refusal to grant a felling licence unless a previous application for a licence in respect of the trees has been refused and the application to which the request relates is made after the following date, that is to say—

(a)where a reference under this section has been made in respect of a previous application, the third anniversary of the last such application in respect of which such a reference has been made; and

(b)in any other case, the third anniversary of the first previous application.

Textual Amendments

F2Words in s. 16(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(12)(a)

Textual Amendments applied to the whole legislation

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

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