PART 4Felling
CHAPTER 2Offence of unauthorised felling
23Offence of unauthorised felling
(1)
A person commits an offence if the person fells F1or knowingly causes or permits another person to fell a tree unless—
(a)
the felling is exempt under section 24, or
(b)
the felling is carried out in accordance with—
(i)
a felling permission,
(ii)
a felling direction,
(iii)
a restocking direction,
(iv)
a registered notice to comply,
(v)
a remedial notice, or
(vi)
a registered remedial notice.
(2)
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3)
Where an offence under subsection (1) is committed in respect of more than one tree, the maximum fine under subsection (2) is to be determined as if the person had been convicted of a separate offence in respect of each tree.
F2(4)
It is a defence for a person charged with an offence under subsection (1) to show that the person reasonably believed that the felling was carried out in accordance with a permission, direction or notice mentioned in paragraph (b)(i) to (vi) of that subsection.