(1)A felling licence granted by the Commissioners shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.
(2)Subsection (1) above does not apply—
(a)to the felling of trees with a diameter not exceeding 3 inches or, in the case of coppice or underwood, with a diameter not exceeding 6 inches; or
(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space ; or
(c)to the topping or lopping of trees or the trimming or laying of hedges.
(3)Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—
(a)where the trees have a diameter not exceeding 4 inches and the felling is carried out in order to improve the growth of other trees ; or
(b)where the following conditions are satisfied, that is to say—
(i)the aggregate cubic content of the trees which are felled by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed 825 cubic feet in any quarter; and
(ii)the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed 150 cubic feet in any quarter, or such larger quantity as the Commissioners may in a particular case allow.
(4)Subsection (1) above does not apply to any felling which—
(a)is for the prevention of danger or the prevention or abatement of a nuisance ;
(b)is in compliance with any obligation imposed by or under an Act of Parliament, including this Act;
(c)is carried out by, or at the request of, an Electricity Board because the tree obstructs the construction by the Board of a main transmission line or other electric line, or interferes or would interfere with the maintenance or working of such a line belonging to the Board ;
(d)is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the [1962 c. 38.] Town and Country Planning Act 1962 or the enactments replaced by that Act, or under the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947.
(5)Regulations made by the Commissioners under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—
(a)they may provide for additional exceptions from the application of subsection (1) above and may in particular substitute—
(i)in subsection (2)(a), for the reference to 3 inches a reference to a larger diameter;
(ii)in subsection (3)(a), for the reference to 4 inches a reference to a larger diameter ;
(iii)in subsection (3)(b), for the reference to 825 cubic feet or the reference to 150 cubic feet in either case a reference to a larger quantity;
(b)they may substitute in subsection (2)(a) for the reference to 6 inches a reference to a smaller diameter; and
(c)they may restrict or suspend the exception in subsection (3)(b) and may in particular substitute, for the reference in sub-paragraph (i) to 825 cubic feet, or for the reference in sub-paragraph (ii) to 150 cubic feet, in either case a reference to a smaller quantity;
and the said subsections shall have effect with any modification made by regulations under this subsection.
(6)In this section—
" Electricity Board " means an Electricity Board within the meaning of the [1947 c. 54.] Electricity Act 1947, as amended by the [1954 c. 60.] Electricity Reorganisation (Scotland) Act 1954 and other enactments;
" electric line " and " main transmission line " have the same meaning as in the [1882 c. 56.] Electric Lighting Act 1882 and the [1919 c. 100.] Electricity (Supply) Act 1919 respectively;
" public open space " means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the [1925 c. 20.] Law of Property Act 1925 or of Part V of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949) for the purpose of public recreation, or land being a disused burial ground;
" quarter " means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year ;
and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point five feet above the ground level; and references to the cubic content of trees shall be construed as references to that content as ascertained in the prescribed manner.