C3Part VIII Special Controls

Annotations:
Modifications etc. (not altering text)
C3

Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Chapter I Trees

Consequences of tree removal, etc.

C1C2210 Penalties for non-compliance with tree preservation order.

1

If any person, in contravention of a tree preservation order—

a

cuts down, uproots or wilfully destroys a tree, or

b

wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it,

he shall be guilty of an offence.

2

A person guilty of an offence under subsection (1) shall be liable—

F1a

on summary conviction to a fine not exceeding £20,000; or

b

on conviction on indictment, to a fine.

3

In determining the amount of any fine to be imposed on a person convicted F2. . . of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

4

If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F35

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