PART 9PRESERVATION OF TREES AND WOODLANDS

CHAPTER 3ENFORCEMENT

Enforcement of prohibition on works

250Offences of breaching tree preservation provisions

(1)

A person commits an offence if, in breach of tree preservation regulations or section 247(1), the person—

(a)

cuts down or uproots a tree,

(b)

intentionally or recklessly destroys a tree,

(c)

intentionally or recklessly tops, lops or damages a tree in a way that is likely to destroy it, or

(d)

causes or permits the carrying out of any of the activities in paragraphs (a) to (c).

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction, or on conviction on indictment, to a fine.

(3)

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

(4)

A person commits an offence if the person breaches tree preservation regulations or section 247(1) otherwise than as mentioned in subsection (1).

(5)

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.