Explanatory Memorandum

Forestry Act (Northern Ireland) 2010

2010 CHAPTER 10

28 June 2010

Commentary on Sections

Part 3 Felling of Trees (Restriction of felling)

Section 20 – Appeal against decision of Department on application for felling licenceSection 23 – Appeal against restocking noticeSection 25 – Appeal against enforcement notice

There is provision for appeal to a person appointed by the Department under Section 26 in respect of an applicant: (a) who has been refused a felling licence or who has been aggrieved by the conditions attached to a felling licence; (b) upon whom a restocking notice has been served who objects to the notice or to any of its requirements; or (c) to whom an enforcement notice is given in relation to a felling licence or restocking notice who considers that the conditions of either the licence or the restocking notice have been complied with (Section 24 – Notice to require compliance with felling licence conditions or restocking notice) or that the steps required by the enforcement notice are not required for compliance with either the licence or the restocking notice.

On appeal the appointed person may confirm the decision of the Department regarding the application, the restocking notice or the enforcement notice, or direct the Department to issue the felling licence subject to certain conditions, or modify any existing conditions, or modify or withdraw a restocking notice or an enforcement notice.

An offence is created for failure to take the steps required by an enforcement notice.