PART 4Felling

CHAPTER 3Felling permission

I130Suspension of felling permission

1

The Scottish Ministers may suspend a felling permission if subsection (2) or (3) applies.

2

This subsection applies if the Scottish Ministers have reason to believe—

a

that a felling permission has not been complied with, is not being complied with or is likely not to be complied with,

b

that that has resulted in, is resulting in, or is likely to result in, harm to the environment or to any living thing, and

c

that, for the purpose of allowing the Scottish Ministers to investigate the circumstances mentioned in paragraphs (a) and (b)—

i

in a case where felling has not begun, felling should not begin,

ii

in a case where felling has begun, felling should stop immediately.

3

This subsection applies if the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing—

a

in a case where felling has not begun, felling should not begin,

b

in a case where felling has begun, felling should stop immediately.

4

The Scottish Ministers must give a notice suspending a felling permission to the person to whom the felling permission was granted.

5

The notice must—

a

set out the Scottish Ministers' reasons for making the suspension,

b

specify the effect of the suspension on the felling permission,

c

specify the date on which the suspension takes effect (which must not be earlier than the date on which the notice is given under subsection (4)), and

d

specify the period for which the suspension is to have effect.