PART 3FELLING OF TREES

Enforcement of felling licence conditions and restocking notice

I125Appeal against enforcement notice

1

A person to whom an enforcement notice is given in relation to a felling licence may appeal against the enforcement notice to a person appointed under section 26 on the grounds—

a

that the conditions of the licence have been complied with; or

b

that the steps required by the enforcement notice to be taken are not required for compliance with the conditions of the licence.

2

A person to whom an enforcement notice is given in relation to a restocking notice may appeal against the enforcement notice to a person appointed under section 26 on the grounds—

a

that the restocking notice has been complied with; or

b

that the steps required by the enforcement notice to be taken are not required by the restocking notice.

3

An enforcement notice shall be inoperative—

a

until the expiration of the period for bringing an appeal under this section; and

b

where an appeal is brought under this section, until the conclusion of any proceedings under this section on that appeal.

4

On an appeal under this section the person appointed under section 26 may—

a

confirm the enforcement notice, or

b

direct the Department to withdraw the notice or modify it in such manner as is specified in the direction.

5

It is the duty of the Department to give effect to any direction under subsection (4)(b).