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Forestry Act 1967

1967 CHAPTER 10

F1An Act to consolidate the Forestry Acts 1919 to 1963 with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[22nd March 1967]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Act wholly in force at Royal Assent.

[F1Part IE+W+S Forestry and Afforestation in Great Britain

1 The Forestry Commission.E+W+S

(1)The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 shall continue in existence and are in this Act referred to as “the Commissioners”.

[F2(1A)In this Act, “the appropriate forestry authority” means—

(a)in relation to England F3..., the Commissioners;

(b)in relation to Wales, the Natural Resources Body for Wales.]

(2)The [F4appropriate forestry authority] shall be charged with the general duty of promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forest products F5[F6... [F7in England and in Wales]] and in that behalf shall have the powers and duties conferred or imposed on them by this Act.

F8(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F9appropriate forestry authority's] general duty [F10under subsection (2)]includes that of promoting the establishment and maintenance F11[F6... [F12in England and in Wales]] of adequate reserves of growing trees.

[F13(3A)In discharging their functions under the Forestry Acts 1967 to 1979 the [F14appropriate forestry authority] shall, so far as may be consistent with the proper discharge of those functions, endeavour to achieve a reasonable balance between—

(a)the development of afforestation, the management of forests and [F15the production and supply of timber[F15, the production and supply of timber F16...]], and

(b)the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest.]

[F17(3B)In subsection (3A) “functions” means—

(a)in relation to the Commissioners, functions F18...;

(b)in relation to the Natural Resources Body for Wales, functions under this Act.]

(4)The Commissioners shall, in exercising their functions under this Act, and also in exercising their powers under the M1Plant Health Act 1967 (which enables them to make orders for the control of timber pests and diseases), comply with such directions as may be given to them by

[F19(a)the Ministers in relation to the exercise of their functions as regards England F20...; F21 ...]

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Words in s. 1(2)(3) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(2)

F19S. 1(4)(a)(b) substituted (1.7.1999) for words “the Ministers” by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(3)

Marginal Citations

2 Constitution, administration, etc., of Commission.E+W+S

(1)The Commissioners shall consist of a chairman and not more than [F24ten] other members appointed by Her Majesty by warrant under the sign manual to be Forestry Commissioners.

(2)Of the persons for the time being appointed to be Forestry Commissioners—

(a)at least three shall be persons who have special knowledge and experience of forestry;

(b)at least one shall be a person who has scientific attainments and a technical knowledge of forestry; and

(c)at least one shall be a person who has special knowledge and experience of the timber trade.

(3)The Commissioners shall by order appoint [F25a committee for England] respectively, whose membership shall consist partly of persons who are Forestry Commissioners or officers of the Commissioners and partly of persons not exceeding three in number, who are not Forestry Commissioners or officers of the Commissioners; and the Commissioners may delegate, subject to such restrictions or conditions as they think fit, any of their functions to a committee so appointed.

(4)Part I of Schedule 1 to this Act shall have effect with respect to the Commissioners, their staff, proceedings and other related matters and to the [F26committee] appointed under subsection (3) of this section; and Part II of that Schedule shall have effect with respect to the superannuation of Forestry Commissioners and officers employed by the Commissioners.

3 Management of forestry land.E+W+S

(1)The [F27appropriate forestry authority] may manage, plant and otherwise use, for the purpose of the exercise of their functions under this Act, any land F28[F29... in [F30 England or Wales]] placed at their disposal by the Minister under this Act, and—

(a)the power of the [F27appropriate forestry authority] under this subsection to manage and use any land shall, without prejudice to the generality of that power, include power to erect buildings or execute works on the land;

(b)any timber produced on land so placed at the [F31appropriate forestry authority's] disposal shall belong to the [F27appropriate forestry authority].

(2)The [F32appropriate forestry authority] may undertake the management or supervision, upon such terms and subject to such conditions as may be agreed upon, or give assistance or advice in relation to the planting or management, of any woods or forests belonging to any person, including woods and forests under the management of the Crown Estate Commissioners F33... or under the control of a government department, or belonging to a local authority.

(3)The [F34appropriate forestry authority] may—

(a)purchase or otherwise acquire standing timber, and sell or otherwise dispose of any timber belonging to them or, subject to such terms as may be mutually agreed, to a private owner, and generally promote the supply, sale, utilization and conversion of timber;

(b)establish and carry on, or aid in the establishment and carrying on, of woodland industries.

(4)In this section the expression “timber” includes all forest products.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W+S

Textual Amendments

5 Forestry dedication covenants F36....E+W+S

(1)The provisions of this section shall have effect with a view to allowing land to be devoted to forestry by means of agreements entered into with the [F37appropriate forestry authority], being agreements to the effect that the land shall not, except with the previous consent in writing of the [F37appropriate forestry authority] or, in the case of dispute, under direction of the minister [F38as regards [F39England or Wales] F40...], be used otherwise than for the growing of timber or other forest products in accordance with the rules or practice of good forestry or for purposes connected therewith; and in this Act—

(a)forestry dedication covenant” means a covenant to the said effect entered into with the [F37appropriate forestry authority] in respect of land in England or Wales without an intention being expressed contrary to the application of section 79 of the M2Law of Property Act 1925 (under which covenants relating to land are, unless the contrary is expressed, deemed to be made on behalf of the covenantor, his successors in title and persons deriving title under him or them); F41 . . .

F41(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where land in England or Wales is subject to a forestry dedication covenant,—

(a)the [F42appropriate forestry authority] shall, as respects the enforcement of the covenant against persons other than the covenantor, have the like rights as if they had at all material times been the absolute owners in possession of ascertained land adjacent to the land subject to the covenant and capable of being benefited by the covenant, and the covenant had been expressed to be for the benefit of that adjacent land; and

(b)section 84 of the M3Law of Property Act 1925 (which enables the [F43Upper Tribunal] to discharge or modify restrictive covenants) shall not apply to the covenant.

F44(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 2 to this Act shall have effect to empower limited owners, trustees and others to enter into forestry dedication covenants or agreements and to provide for matters arising on their doing so.

Textual Amendments

F38Words in s. 5(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(6)

Modifications etc. (not altering text)

C3S. 5(3)(4) extended (S.) with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 46(3)

Marginal Citations

6 Requirements for haulage facilities.E+W+S

(1)The provisions of this section shall have effect where the [F45appropriate forestry authority] are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway or waterway.

(2)Subject to the following subsections, the [F45appropriate forestry authority] may, where they are of the said opinion, make an order that the owner and occupier of any land shall afford the necessary facilities, subject to payment by the person in whose favour the order is made of reasonable rent or wayleave and of compensation for any damage caused by the haulage, and the owner or occupier shall thereupon comply with the order.

(3)The [F45appropriate forestry authority] shall not make an order under this section until the person proposed to be required to give the said facilities has had an opportunity of being heard.

[F46(4)a person aggrieved by an order under this section may–

(a)where the order is made in respect of land in [F47England or Wales], appeal therefrom to the Minister in such manner and upon such conditions, if any, as may be prescribed by the Minister, who may thereupon revoke or vary the order; F48 ...

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)The amount of rent or wayleave and compensation for damage which is payable in consequence of an order made under this section shall, in default of agreement, be assessed F49...—

(a)in a case relating to [F47England or Wales], by a single arbitrator appointed by the President of the Royal Institution of Chartered Surveyors; F50 ...

F50(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Prevention of damage by rabbits, hares and vermin.E+W+S

(1)The provision of this section shall have effect where the [F51appropriate forestry authority] are satisfied that trees or tree plants are being, or are likely to be, damaged by rabbits, hares or vermin owing to the failure of an occupier of land to destroy sufficiently the rabbits, hares or vermin on land in his occupation, or otherwise to take steps for the prevention of damage by them.

(2)The [F51appropriate forestry authority] may, where they are so satisfied, authorise in writing any competent person to enter on the land and kill and take the rabbits, hares or vermin thereon; but before doing so they shall first give to the occupier and owner of the land such opportunity as the [F51appropriate forestry authority] think reasonable of destroying the rabbits, hares or vermin, or of taking steps for the prevention of the damage.

(3)The [F51appropriate forestry authority] may recover from the occupier of the land the net cost incurred by them in connection with action taken by them under the foregoing subsection.

A sum recoverable under this subsection shall, in England or Wales, be recoverable summarily as a civil debt.

(4)Anyone who obstructs a person authorised by the [F51appropriate forestry authority] in the due exercise of his powers or duties under subsection (2) above shall be liable on summary conviction to a fine not exceeding [F52level 2 on the standard scale]; but the person authorised shall, if so required, produce his authority.

(5)For purposes of this section—

(a)the person entitled to kill rabbits, hares or vermin on any common land shall be deemed to be the occupier of the land; and

(b)the expression “vermin” includes squirrels.

[F537AIncidental powers of CommissionersE+W+S

(1) For the purpose of the exercise of their functions under this Act so far as relating to F54... land in England F55..., or for the purpose of the exercise of their functions under section 8(1)(b) of this Act, the Commissioners may—

(a)form, or participate in the forming of, a body corporate;

(b)invest in a body corporate;

(c)provide loans;

(d)establish a charitable trust; or

(e)act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.

(2)The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.]

[F567AARenewable energy installationsE+W+S

(1)The Commissioners may, for the purpose of complying with their general duty under section 1(2A)—

(a)promote, develop, construct and operate installations for or in connection with the generation, transmission, distribution and supply of electricity produced from renewable sources, and

(b)use electricity produced by virtue of the powers conferred by paragraph (a).

(2)In subsection (1), “renewable sources” means sources other than—

(a)fossil fuel,

(b)energy derived from fossil fuel, and

(c)nuclear fuel.

(3)In subsection (2), “fossil fuel” means—

(a)coal,

(b)lignite,

(c)peat,

(d)natural gas (within the meaning of the Energy Act 1976),

(e)crude liquid petroleum,

(f)petroleum products (within the meaning of that Act),

(g)any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (f).

(4)Nothing in this section is to be construed as exempting the Forestry Commissioners from the requirements of Part 1 of the Electricity Act 1989.]

[F577BDelegation of functions of Commissioners: ScotlandS

(1)The Commissioners may, to such extent and subject to such conditions as they think appropriate, delegate their functions under section 3(1) and (3) [F58and section 7AA] of this Act to such community bodies as they consider appropriate.

(2)A delegation under subsection (1) may only be made in relation to land in Scotland—

(a)placed at the disposal of the Commissioners by the Scottish Ministers under this Act, and

(b)which is let to the community body to which the delegation is made.

(3)A delegation under subsection (1) does not affect the ability of the Commissioners to carry out the function delegated.

(4)A delegation under subsection (1) does not affect the ability of the Scottish Ministers to—

(a)determine which land in Scotland is placed at the disposal of the Forestry Commissioners,

(b)give directions under section 1 to the Commissioners in relation to the land in question.

(5)A delegation under subsection (1) may be varied or revoked at any time.

(6) In this section, “ community body ” has the meaning given in section 7C.

7CDelegation of functions under section 7B: community bodiesS

(1)A community body is, subject to subsection (3), a [F59body corporate having a written constitution that includes] the following—

(a)a definition of the community to which the [F60body] relates,

(b)provision that the [F60body] must have not fewer than 20 members,

(c)provision that the majority of the members of the [F60body] is to consist of members of the community,

(d)provision by which the members of the [F60body] who consist of members of the community have control of the [F60body] ,

[F61(da)provision that membership of the body is open to any member of the community,

(db)a statement of the body's aims and purposes, including the promotion of a benefit for the community,]

(e)provision ensuring proper arrangements for the financial management of the [F60body] [F62, and

(f)provision that any surplus funds or assets of the body are to be applied for the benefit of the community.]

(2)The Commissioners may, if they think it in the public interest to do so, disapply such requirements specified in paragraphs (b) to [F63(db)] in subsection (1) in relation to any body they may specify.

(3)A body is not a community body unless the Commissioners have given it written confirmation that they are satisfied that the main purpose of the body is consistent with furthering the achievement of sustainable development.

F64(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(6)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Miscellaneous powers of Commissioners.E+W+S

F65(1)The Commissioners may—

(a)undertake the collection, preparation, publication and distribution of statistics relating to forestry, and promote and develop instruction and training in forestry by establishing or aiding schools or other educational institutions or in such other manner as they think fit;

(b)make, or aid in making, such inquiries, experiments and research, and collect, or aid in collecting, such information as they may think important for the purpose of promoting forestry and the teaching of forestry, and publish or otherwise take steps to make known the results of the inquiries, experiments or research and disseminate the information;

(c)make, or aid in making, such inquiries as they think necessary for the purpose of securing an adequate supply of timber and other forest products F66[F67... [F68in England and in Wales]].

[F69(2)The Commissioners may exploit any intellectual property or intangible assets arising from the carrying out of any activity referred to in subsection (1)(b).

(3)”Intellectual property” for the purpose of subsection (2) includes any patent, trademark, copyright, design right, registered design or plant breeder’s right.]

[F708A General duty of Ministers.E+W+S

In performing their functions under this Act the Ministers shall have regard to the national interest in maintaining and expanding the forestry resources [F71of [F72England or (as the case may be) Wales] F73...].]

Part IIE+W+S F74... Power to Control Felling of Trees

Textual Amendments

F74Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)

Restriction of fellingE+W+S

9 Requirement of licence for felling. E+W+S

(1)A felling licence granted by the [F75appropriate forestry authority] shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

(2)Subsection (1) above does not apply—

(a)to the felling of trees with a diameter not exceeding [F768 centimetres] or, in the case of coppice or underwood, with a diameter not exceeding [F7615 centimetres]; or

(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

(c)to the topping or lopping of trees or the trimming or laying of hedges.

(3)Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—

(a)where the trees have a diameter not exceeding [F7610 centimetres] and the felling is carried out in order to improve the growth of other trees; or

(b)where the following conditions are satisfied, that is to say—

(i)the aggregate cubic content of the trees which are felled [F77in the relevant territory] by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed [F785 cubic metres] in any quarter; and

(ii)the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed [F782 cubic metres] in any quarter, or such larger quantity as the [F79appropriate forestry authority] may in a particular case allow.

(4)Subsection (1) above does not apply to any felling which—

(a)is for the prevention of danger or the prevention or abatement of a nuisance;

(b)is in compliance with any obligation imposed by or under an Act of Parliament, including this Act;

(c)is carried out by, or at the request of, [F80an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;]

(d)is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under [F81the Town and Country Planning Act 1990] or the enactments replaced by that Act F82... .

(5)Regulations made by the [F83appropriate legislative authority] under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—

(a)they may provide for additional exceptions from the application of subsection (1) above and may in particular substitute—

(i)in subsection (2)(a), for the reference to [F768 centimetres] a reference to a larger diameter;

(ii)in subsection (3)(a), for the reference to [F7610 centimetres] a reference to a larger diameter;

(iii)in subsection (3)(b) for the reference to [F7630 cubic metres] or the reference to [F765·5 cubic metres] in either case a reference to a larger quantity;

(b)they may substitute in subsection (2)(a) for the reference to [F7615 centimetres] a reference to a smaller diameter; and

(c)they may restrict or suspend the exception in subsection (3)(b) and may in particular substitute, for the reference in sub-paragraph (i) to [F7630 cubic metres], or for the reference in sub-paragraph (ii) to [F765·5 cubic metres], in either case a reference to a smaller quantity;

and the said subsections shall have effect with any modification made by regulations under this subsection.

(6)In this section—

  • [F84electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable; ]

  • [F84electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989; ]

  • public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the M4Law of Property Act 1925 or of Part V of the National Parks and Access to the M5Countryside Act 1949 [F85 or Part I of the Countryside and Rights of Way Act 2000][F86or of Part II or section 48 of the M6Countryside (Scotland) Act 1967]) for the purpose of public recreation, or land being a disused burial ground;

  • quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;

  • [F87“relevant territory” means—

    (a)

    England F88... where the felling is carried out in England F89...;

    (b)

    Wales where the felling is carried out in Wales;]

and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point [F761·3 metres] above the ground level; . . . F90

Textual Amendments

F78Words substituted by virtue of S.I. 1985/1958, reg. 2

Modifications etc. (not altering text)

C4S. 9 excluded by S.I. 1979/792, reg. 4

C5Definition of “public open space” restricted by Countryside Act 1968 (c. 41, SIF 46:1), s. 24(4)

Marginal Citations

10 Application for felling licence and decision of Commissioners thereon.E+W+S

(1)An application for a felling licence may be made to the [F91appropriate forestry authority] in the prescribed manner by a person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees.

(2)Subject to the provisions of this Act (and, in particular, to their duty to take advice under section 37(3), the [F91appropriate forestry authority] may on any such application grant the licence, or grant it subject to conditions, or refuse it, but shall grant it unconditionally except in a case where it appears to them to be expedient to do otherwise—

(a)in the interests of good forestry or agriculture or of the amenities of the district; F92[F93or]

(b)for the purpose of complying with their duty of promoting the establishment and maintenance F94... of adequate reserves of growing trees. [F95; or]

[F95(c)for the purpose of conserving or enhancing the flora, fauna or geological or physiographical features, or the natural beauty or amenity, of any land.]

[F96(c)in relation to land in Wales, after consultation with the applicant for the licence, for the purpose of—

(i)conserving or enhancing natural beauty;

(ii)conserving flora, fauna, geological or physiographical features, or natural habitats.]

(3)A felling licence shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified therein.

[F97(3A)The‍ Natural Resources Body for Wales, and the person responsible, may agree to amend the licence at any time (but see section 10A, which imposes further requirements in relation to amendments in respect of trees to which a tree preservation order relates).

(3B)For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

(a)the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in subsection (1), or

(b)if the applicant no longer has such estate or interest, a person who has such estate or interest.]

(4)If in the case of any trees the [F91appropriate forestry authority] refuse an application for a felling licence, the consequences shall be as follows:—

(a)except in a case to which section 14(4) below applies, any person who is for the time being the owner of the trees shall be entitled to compensation under and in accordance with the next following section; and

(b)if the land on which the trees are growing is, or in the opinion of the [F91appropriate forestry authority] will be, managed in a manner approved by them, the [F91appropriate forestry authority] may (subject to section 14(5) below), if they think fit and subject to the approval of the treasury [F98as regards land in [F99England or Wales] F100...], make to persons interested in the land advances by way of loan of such amounts, upon such terms and subject to such conditions, as they may determine.

(5)At any time after a felling licence has been refused by them in the case of any trees, the [F91appropriate forestry authority] may, if they think fit, give notice to the owner of the trees that they are prepared to grant a felling licence for the trees either unconditionally or subject to conditions described in the notice; and if the [F91appropriate forestry authority] give such a notice and an application is duly made to them for a felling licence, they shall grant a licence in accordance with the notice, subject to sections 13(2) and 15 below.

(6)When the [F91appropriate forestry authority] refuse to grant a felling licence, they shall give notice in writing to the applicant of the grounds for the refusal.

(7)Where application is made for a felling licence for trees on land which is subject to a forestry dedication covenant F101..., and the licence is refused, no breach of the covenant F101... shall be deemed to have occurred by reason of anything done or omitted in consequence of the refusal.

Textual Amendments

F92Word in s. 10(2)(a) omitted (W.) (18.8.2023 for specified purposes) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 44(2), 56(1)(a)

F93 Word in s. 10(2)(a) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 7 para. 2(2)(a) (with s. 55(2) ); S.S.I. 2004/495 , art. 2

F94 Words in s. 10(2)(b) omitted (1.7.1999) by virtue of S.I. 1999/1747 , art. 3 , Sch. 12 Pt. II para. 4(9)

F95 S. 10(2)(c) and word inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 7 para. 2(2)(b) (with s. 55(2) ); S.S.I. 2004/495 , art. 2

F96S. 10(2)(c) and word inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 37, 56(1)(a)

F97S. 10(3A)(3B) inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 38(1), 56(1)(a)

F98 Words in s. 10(4)(b) inserted (1.7.1999) by S.I. 1999/1747 , art. 3 , Sch. 12 Pt. II para. 4(10)

[F10210AAmendments made under section 10(3A) that affect tree preservation ordersE+W

(1)The provisions of this section apply if—

(a)an amendment to a licence under section 10(3A) is proposed in respect of any trees to which a tree preservation order relates, and

(b)the Natural Resources Body for Wales does not consider that the amendment is necessary to respond to an imminent and serious risk of harm to—

(i)natural beauty, or

(ii)flora, fauna, geological or physiographical features, or natural habitats.

(2)Before amending the licence, the Natural Resources Body for Wales must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(3)If, within the prescribed period, the authority by whom the tree preservation order was made objects to the amendment in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(4)If a matter is referred to the Welsh Ministers under subsection (3), the Welsh Ministers may decide to—

(a)grant consent to the amendment, or

(b)refuse to grant consent (in which case the amendment cannot be made).

(5)Where the Natural Resources Body for Wales has given notice in writing under subsection (1) to an authority in respect of a proposed amendment, the proposed amendment cannot be made until—

(a)the period prescribed under subsection (3) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b)if the Natural Resources Body for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(6)Before deciding whether to grant or refuse consent under subsection (4), the Welsh Ministers must consult—

(a)the person responsible (see section 10(3B));

(b)the Natural Resources Body for Wales;

(c)the authority by whom the tree preservation order was made.]

11 Terms of compensation on refusal of licence.E+W+S

(1)The compensation to which a person may become entitled under section 10(4)(a) above is for any depreciation in the value fo the trees which is attributable to deterioration in the quality of the timber comprised therein in consequence of the refusal of a felling licence for them.

(2)Compensation under this section shall be recoverable from the [F103appropriate forestry authority] on a claim made in the prescribed manner.

(3)Claims for compensation in the case of any trees may be made from time to time in respect of deterioration taking place after the refusal of a felling licence for those trees, but—

(a)no such claim shall be made in respect of deterioration taking place more than ten years before the date of the claim; and

(b)if the trees have been felled, no such claim shall be made after the expiration of one year from the date of the felling.

(4)In calculating compensation,—

(a)no account shall be taken of deterioration in the quality of the timber which is attributable to neglect of the trees after the refusal of a felling licence for them; and

(b)the value of the trees at any time shall be ascertained on the basis of prices current at the date of the claim.

(5)If after refusing a felling licence the [F103appropriate forestry authority] under section 10(5) above subsequently give notice to the owner of the trees that they are prepared to grant a licence, then in calculating compensation payable in consequence of the previous refusal no account shall be taken of deterioration occurring after the giving of the notice.

(6)Any question of disputed compensation shall be determined in accordance with section 31 of this Act.

12 Conditional licences.E+W+S

(1)The conditions which may under section [F10410(2)] F105[F10410(2)(a) or (b)] above be attached to a felling licence are such as the [F106appropriate forestry authority], after consultation with the applicant for the licence, determine to be expedient for securing—

(a)the restocking or stocking with trees of the land on which the felling is to take place, or of such other land as may be agreed between the [F106appropriate forestry authority] and the applicant; and

(b)the maintenance of those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years.

(2)No conditions shall be imposed [F107under section 10(2)(a) or (b) above] on the grant of a felling licence where it is for trees on land subject to a forestry dedication covenant F108... [F109and the felling is in accordance with a plan of operations or other working plan approved by the [F106appropriate forestry authority] and in force under the covenant F108... ].

13 Deferred decision on application.E+W+S

(1)Where a person applies for a felling licence and the [F110appropriate forestry authority] do not within three months after receiving the application, or within such further time as may be agreed with the applicant, give notice to him of their decision on the application (including any reference of the application under section 15 of this Act) the provisions of this Part of this Act shall apply in relation to the application as if it had been refused.

(2)If on an application for a felling licence—

(a)the [F110appropriate forestry authority] determine to grant the licence subject to conditions; and

(b)it appears to them that the applicant is not entitled to an interest in land which would enable him to comply with those conditions;

they may give notice in writing to that effect to the applicant and postpone consideration of the application until the person entitled to such an interest is joined as a party thereto.

Where a notice under this subsection is given, subsection (1) above shall apply as if, instead of referring to a period of three months after the [F110appropriate forestry authority] receive the application, it referred to a period of three months after the date on which the person entitled to such interest in the land as is mentioned in the notice is joined as a party to the application.

14 Tree-felling in accordance with approved working plan etc.E+W+S

(1)The following provisions shall apply where application is made to the[F111appropriate forestry authority] for a felling licence and relates to the felling of trees in accordance with a plan of operations or other working plan approved by the [F111appropriate forestry authority] under a forestry dedication covenant F112..., or otherwise approved by them in writing for the purposes of this section.

(2)The [F111appropriate forestry authority] shall not refuse the licence unless the Minister [F113as regards the felling of trees in [F114England or Wales] certifies F115...] that, by reason of an act of God or other emergency which has taken place or arisen since the approval of the plan, the granting of a felling licence in respect of those trees, or in respect of trees of any class which comprises those trees, would be detrimental to the national interest.

(3)If the [F111appropriate forestry authority] refuse the licence, the applicant may by notice given to the [F111appropriate forestry authority] in the prescribed manner and within the prescribed time require them to buy the trees or such of them as may be specified in the notice.

(4)If a notice is served under the foregoing subsection,—

(a)no compensation shall be payable under section 11 in respect of any trees to which the notice relates; and

(b)the [F111appropriate forestry authority] shall be deemed to have contracted with the applicant to buy the trees on the date of the service of the notice at such prices as may in default of agreement be determined in accordance with section 31 of this Act, and shall fell and remove the trees at such time or times as they may determine.

(5)Where such a notice is served, and the land on which the trees are growing is subject to a forestry dedication covenant F116..., the power of the [F111appropriate forestry authority]s under section 10(4)(b) above to make an advance by way of loan shall not be exercisable in respect of the trees, but this subsection shall not prejudice their power to make an advance in respect of any other trees on the land.

Textual Amendments

F113Words in s. 14(2) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(11)

15 Trees subject to preservation order under Planning Acts.E+W+S

(1)If an application is made to the [F117appropriate forestry authority] for a felling licence in respect of trees to which a tree preservation order relates, and [F118 relevant consent] is required for the felling of those trees, then—

(a)the [F117appropriate forestry authority], if they propose to grant the licence, shall give notice in writing to the authority by whom the order was made; and

(b)the [F117appropriate forestry authority] may in any case refer the application to the said authority.

[F119(1A) In subsection (1) “ relevant consent ” means—

(a)in the case of trees in [F120England or Wales], consent under tree preservation regulations.

F121(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Where the [F117appropriate forestry authority] give the notice required by subsection (1)(a) above and the authority within the prescribed period after receipt of the notice object to the [F122appropriate forestry authority's] proposal to grant a felling licence and do not withdraw their objection, then—

(a)the [F117appropriate forestry authority] shall not deal with the application, but shall refer it to the Minister, and the application shall then be dealt with under the Town and Country Planning Acts; and

(b)if in pursuance of the application the Minister consents to the felling, section 9(1) of this Act shall not apply so as to require a felling licence for the felling of any trees in accordance with the consent.

(3)Where the [F117appropriate forestry authority] refer an application under subsection (1)(b) above,—

(a)the application shall be dealt with under the Town and Country Planning Acts; and

(b)so long as the tree preservation order applying to the trees remains in force, section 9(1) shall not apply so as to require a felling licence for the felling of any trees to which the application relates.

(4)Where in the case of any trees—

(a)the [F117appropriate forestry authority] under this section refer an application for a felling licence to the Minister or an authority who have made a tree preservation order relating to the trees; and

(b)a felling licence in respect of the trees has been previously refused by the [F117appropriate forestry authority],

no account shall be taken, in calculating any compensation payable under section 11 of this Act in consequence of the previous refusal, of deterioration occurring after the date of the reference.

This subsection shall be without prejudice to section 11(5) of this Act, in a case to which that subsection applies.

(5)Except as provided by the foregoing provisions of this section, no [F123relevant application shall be entertained] in respect of the felling of trees in the case of which section 9(1) of this Act applies so as to require a felling licence.

[F124(5A) In subsection (5) “ relevant application ” means—

(a)in the case of trees in [F125England or Wales], an application under tree preservation regulations for consent under the regulations.

F126(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(6)Where, in the case of trees to which a tree preservation order relates, a felling licence is granted by the [F117appropriate forestry authority] after the date on which the order comes into force, the licence shall, notwithstanding anything in that order, be sufficient authority for the felling of any trees to which the order relates.

(7)Schedule 3 to this Act shall have effect for explaining the procedure applicable where this section requires an application to be dealt with under the Town and Country Planning Acts.

(8)F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Words in s. 15(1) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 2(2) (with s. 226); S.I. 2012/601, art. 2(a)

F123Words in s. 15(5) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 2(4) (with s. 226); S.I. 2012/601, art. 2(a)

16 Review of refusal or conditions of licence.E+W+S

(1)The following provisions shall have effect for enabling the decision of the [F128appropriate forestry authority] on an application for a felling licence to be reviewed where they refuse to grant a felling licence or grant it subject to conditions.

(2)A person aggrieved by the refusal or conditions may by a notice served within the prescribed time and in the prescribed manner request the Minister [F129where the application was to fell trees in [F130England or Wales] F131...] to refer the matter to a committee appointed in accordance with section 27 below and—

(a)the Minister F132... shall, unless he is F133... of opinion that the grounds for the request are frivolous, refer the matter accordingly;

(b)the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister F134... .

(3)The Minister F135... shall, after considering the committee’s report, confirm the decision of the [F128appropriate forestry authority] on the application, or reverse or modify that decision and direct the [F128appropriate forestry authority] to give effect to the reversal or modification.

(4)No request may be made under this section in respect of a refusal to grant a felling licence unless a previous application for a licence in respect of the trees has been refused and the application to which the request relates is made after the following date, that is to say—

(a)where a reference under this section has been made in respect of a previous application, the third anniversary of the last such application in respect of which such a reference has been made; and

(b)in any other case, the third anniversary of the first previous application.

Textual Amendments

F129Words in s. 16(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(12)(a)

17 Penalty for felling without licence.E+W+S

(1)Anyone who fells a tree without the authority of a felling licence, the case being one in which section 9(1) of this Act applies so as to require such a licence, shall be guilty of an offence and

[F136(a)in relation to an offence committed in Wales,] liable on summary conviction to a fine [F137not exceeding [F138level 4 on the standard scale] or twice the sum which appears to the court to be the value of the tree, whichever is the higher] [F139, or

(b)in relation to an offence committed in England, liable on summary conviction to a fine.]

(2)Proceedings for an offence under this section may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

[F14017A Power of Commissioners to require restocking notice after unauthorised felling.E+W+S

[F141(1)The [F142appropriate forestry authority] may serve a notice under this section (a “restocking notice”) on a person where—

(a) it appears to the [F142appropriate forestry authority] that he has committed an offence in [F143England or Wales] under section 17 of this Act, F144 ...

F144(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and F145... he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act.]

[F146(1A)A restocking notice is a notice requiring the person on whom it is served—

(a) to restock or stock with trees the land or such other land as may be agreed between the [F142appropriate forestry authority] and him; and

(b)to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding ten years, specified in the notice.]

[F147(1B)A restocking notice served by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.]

F148(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to the provisions of this Act, in considering whether to issue a restocking notice the Commissioners shall—

(a)have regard to the interests of good forestry and agriculture and of the amenities of the district;

(b) have regard to their duty of promoting the establishment and maintenance F149 . . . of adequate reserves of growing trees; and

(c)take into account any advice tendered by the regional advisory committee for the conservancy comprising the land to which the restocking notice would relate.

(4)This section shall not apply in relation to trees to which a tree preservation order relates or in relation to trees the felling of which took place before the date of coming into force of the Forestry Act 1986.

Textual Amendments

F149Words in s. 17A(3)(b) omitted (1.7.1999) by virtue of S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

17B Appeal against restocking notice.E+W+S

(1)A person on whom a restocking notice has been served who objects to the notice or to any condition contained therein may by notice served within the prescribed time and in the prescribed manner request the Minister [F150where the restocking notice relates to land in [F151England or Wales]F152...] to refer the matter to a committee appointed in accordance with section 27 of this Act; and—

(a)the Minister F153... shall, unless he is F154... of the opinion that the grounds of the request are frivolous, refer the matter accordingly; and

(b)the committee, after compliance with subsection (3) of that section, shall thereupon make a report to the Minister F155....

(2)The Minister F156... may, after considering the committee’s report, direct the [F157appropriate forestry authority] to withdraw the notice or to notify the objector that it shall have effect subject to such modification as the Minister F156... shall direct.

Textual Amendments

F150Words in s. 17B(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(13)(a)

17CEnforcement of restocking notice.E+W+S

The provisions of sections 24 (notice to require compliance with conditions or directions), [F15824A (further notice under section 24 for next estate or interest holders),] 25 (appeal against notice under section 24) and 26(1), (3) and (4) (expenses) of this Act shall apply in relation to a restocking notice as they apply in relation to a felling licence; and for the purposes of such application—

(a)references in those sections to a felling licence shall be construed as references to a restocking notice; and

(b)[F159the references in section 24(2A)(a)(i) and 26(3)] to the applicant for the licence shall be construed as a reference to the perosn on whom the restocking notice has been served.]

Textual Amendments

Power of Commissioners to direct fellingE+W+S

18 Felling directions.E+W+S

(1)Subject to the provisions of this Act (and, in particular, to the duty of the [F160appropriate forestry authority] to take advice under section 37(3), if it appears to the [F160appropriate forestry authority] that it is expedient in the interests of good forestry, or for purposes connected with their duty of promoting the establishment and maintenance F161. . . of adequate reserves of growing trees, that any growing trees should be felled—

(a)in order to prevent deterioration or further deterioration in the quality of the timber comprised therein; or

(b)in order to improve the growth of other trees,

they may give directions (in this Act referred to as “felling directions”) to the owner of the trees requiring him to fell them within such period, being not less than two years after the directions have become operative, as may be specified in the directions.

(2)In considering whether to give felling directions, the [F160appropriate forestry authority] shall have regard to the interests of agriculture and the amenity or convenience of any farm or dwelling-house or park usually occupied with a dwelling-house, or of any land held inalienably by the National Trust or the National Trust for Scotland.

(3)Felling directions given by the [F160appropriate forestry authority] shall contain a statement of the grounds upon which they are given.

(4)A person who is given felling directions by the [F160appropriate forestry authority] may comply with the directions notwithstanding any lease, covenant or contract relating to the trees or land affected by the directions.

(5)In the case of trees to which a tree preservation order relates, felling directions given by the [F160appropriate forestry authority] after the date on which the order comes into force[F162shall be sufficient authority for the felling, notwithstanding anything in—

(a)tree preservation regulations, in the case of trees in England or Wales.

F163(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

19 Restrictions on [F164appropriate forestry authority's] power under s. 18.E+W+S

(1)Felling directions shall not be given in the case of—

(a)fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space (as defined in section 9(6) above);

(b)trees on land which is subject to a forestry dedication covenant F165...; or

(c)trees which are being managed to the satisfaction of the [F166appropriate forestry authority] in accordance with a plan of operations or other working plan approved by them as mentioned in section 14(1) above, but otherwise than under a forestry dedication covenant F167... .

(2)If an application for a felling licence is made to the [F166appropriate forestry authority] in the case of trees to which a tree preservation order relates and the [F166appropriate forestry authority] refer the application under section 15 above to the authority who made the order, then so long as the order remains in force no felling directions shall be given in respect of the trees.

(3)If the [F166appropriate forestry authority] propose to give felling directions in respect of trees to which a tree preservation order relates, they shall give notice in writing of the proposal to the authority by whom the order was made; and if within the prescribed period after the receipt of the notice the authority object to the proposal and do not withdraw the objection, the [F166appropriate forestry authority] shall not give the directions except with the consent of the Minister [F168where the felling direction was given in respect of trees in [F169England or Wales] F170...], who shall consult with the said authority before deciding whether to grant or refuse his consent.

(4)F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Review of felling directions.E+W+S

(1)If a person to whom felling directions are given in respect of any trees is aggrieved by the directions on the ground that the felling is not expedient as mentioned in section 18(1), he may by notice served within the prescribed time and in the prescribed manner request the Minister [F172where the felling direction was given in respect of trees in [F173England or Wales] F174...] to refer the matter to a committee appointed in accordance with section 27 below and the Minister F175[F176... shall, unless he is F177...] of opinion that the grounds for the request are frivolous, refer the matter accordingly.

(2)The committee to whom a matter is referred under this section, after complying with section 27(3), shall thereupon make a report on the reference to the person by whom the notice was served and to the [F178appropriate forestry authority], and the [F178appropriate forestry authority] shall confirm, withdraw or modify the directions in accordance with the report.

21 Courses open to person adversely affected by felling directions.E+W+S

(1)The provisions of this section shall have effect where a person to whom felling directions are given claims that compliance with the directions would involve him in a net loss after taking into account any benefit arising therefrom in respect of other trees of which he is the owner.

(2)The person may by notice given to the Minister [F179where the felling direction was given in respect of trees in [F180England or Wales] F181...] in the prescribed manner and within the prescribed period—

(a)if he has the right to sell the trees for immediate felling, require the [F182appropriate forestry authority] to buy the trees to which the directions relate; or

(b)in any case, require the Minister F183... to acquire his interest in the land affected by the directions.

A notice under this section requiring the Minister F184... to acquire an interest in land shall be deemed to include an offer by the person entitled to that interest to convey to the Minister F184... such easement or servitude or other right for the benefit of the land over adjoining land in which that person has an interest as may be agreed between that person and the Minister F184... or as may, in default of agreement, be determined in accordance with section 31 of this Act.

(3)The Minister F185... may within the prescribed period after receiving the notice either—

(a)accept the notice; or

(b)refer it to a committee appointed in accordance with section 27 below; or

(c)revoke the directions to which it relates.

(4)The committee to whom a matter is referred under this section, after complying with section 27(3), shall thereupon make a report to the Minister F186... and to the person by whom the notice under this section was given and shall state—

(a)whether in the opinion of the committee compliance with the felling directions would involve that person in such a loss as aforesaid; and

(b)if so, what modifications (if any) of the directions would be sufficient to avoid that loss.

(5)Where the committee report that compliance with the directions would not involve the person in such loss as aforesaid, the notice shall be of no effect; but in any other case the Minister F187... may, within the prescribed period after receiving the report, either—

(a)accept the notice; or

(b)revoke the directions; or

(c)modify the directions in accordance with the report, according as he thinks F188... fit.

(6)If within the prescribed period after receiving a notice or the report of a committee under this section the Minister F189... has not taken any such action as is authorised by subsection (3) or subsection (5) above, as the case may be, the directions to which the notice relates shall cease to have effect at the expiration of that period.

(7)In determining for the purposes of this section whether compliance with felling directions would involve a person in a net loss, regard shall be had to any compensation received by that person under F190... [F191 ... tree preservation regulations,] in respect of a refusal of consent for the felling of the tree.

Textual Amendments

F179Words in s. 21(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(16)(a)

F191Words in s. 21(7) inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 4 (with s. 226); S.I. 2012/601, art. 2(a)

22 Consequences of acceptance by Minister of notice under s. 21E+W+S

(1)The following shall be the consequences where a notice given by a person under section 21 is accepted by the Minister F192... .

(2)The felling directions in respect of which the notice was given shall cease to have effect.

(3)If the notice requires the [F193appropriate forestry authority] to buy the trees to which the directions relate, the [F193appropriate forestry authority] shall be deemed to have contracted with that person to buy the trees on the date of acceptance of the notice at such price and on such terms (including terms as to the time within which the [F193appropriate forestry authority] may fell and remove the trees) as may in default of agreement be determined in accordance with section 31 of this Act.

(4)If the notice requires the Minister F194... to acquire the person’s interest in the land affected by the directions,—

(a)the Minister F195... shall be deemed to be authorised to acquire that interest compulsorily under section 39 of this Act and to have served a notice to treat in respect thereof on the date of the acceptance of the notice;

(b)the interest shall for that purpose include any such easement or servitude or other right as, by virtue of section 21(2), the person is deemed to have offered in his notice to convey.

(5)The power conferred by section 31(1) of the M7Land Compensation Act 1961 F196... to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of this section.

23 Proceedings in respect of felling directions.E+W+S

(1)A request under section 20 of this Act, and a notice under section 21 of this Act, may be made and given in respect of the same directions; and regulations made by the [F197appropriate legislative authority] under this Part of this Act may make provision for securing—

(a)that in any such case proceedings under those sections respectively on the request and on the notice are taken concurrently;

(b)that proceedings on any such request or notice in respect of any felling directions may be postponed until the expiration of the period within which a notice or a request, as the case may be, might be given or made in respect of those directions.

(2)Felling directions shall be inoperative until the expiration of the period during which such a request or notice as aforesaid may be made or given in respect of the directions and, where a request is made or a notice is given, until the conclusions of any proceedings under section 20 or 21 pursuant to the notice or request.

Enforcement of licence conditions and felling directionsE+W+S

24 Notice to require compliance with conditions or directions.E+W

(1)The provisions of this section shall apply if—

(a)any works required to be carried out in accordance with conditions of a felling licence are not so carried out; or

(b)any felling directions given by the [F198appropriate forestry authority] are not complied with.

(2)The [F198appropriate forestry authority] may give to the person responsible a notice requiring such steps as may be specified therein to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default; and for purposes of this subsection, “the person responsible” is—

(a)in the case of non-compliance with conditions of a felling licence, [F199the person specified in subsection (2A)]; and

(b)in the case of non-compliance with felling directions, the owner of the trees.

[F200(2A)The person referred to in subsection (2)(a) is—

(a)where the licence relates to land in [F201England or Wales]

(i)the applicant for the licence, if on the date the notice is served he has such estate or interest in the land as is referred to in section 10(1) of this Act; or

(ii)in any other case, the owner of the land.

F202(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)If after the expiration of the time specified in the notice any steps required by the notice have not been taken, the [F198appropriate forestry authority] may, subject to the following section, enter on the land and take those steps.

(4)Without prejudice to the powers of the [F198appropriate forestry authority] under the foregoing subsection, a person who without reasonable excuse fails to take any steps required by a notice given to him under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F203level 5 on the standard scale]; and proceedings in respect of such an offence may be instituted within six months of the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

(5)A person who is required by a notice under this section to carry out works or take any steps may carry out those works or take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

[F204(6)A notice under this section given by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.]

[F20524AFurther notice under section 24 for next estate or interest holdersE+W+S

(1)Subsection (2) applies where—

(a)a notice has been given to a person under section 24 to require compliance with the conditions of a felling licence in relation to land in England,

(b)steps required by the notice have not been taken, and

(c)before the time specified in the notice has expired, the person ceases to have the estate or interest in the land by reference to which the notice was served.

(2)The Commissioners may give to the next estate or interest holder a further notice under section 24 requiring the steps that were not completed under the notice described in subsection (1) to be completed.

(3)In subsection (2) the “next estate or interest holder” means the person who has an estate or interest in the land as is referred to in section 10(1) immediately after the person referred to in subsection (1) ceased to have the estate or interest referred to in subsection (1)(c).

(4)The reference in subsection (1) to a notice under section 24 includes a notice given under subsection (2).]

[F20624BRestocking orders after conviction under section 24 in EnglandE+W

(1)This section applies where a person has been convicted of an offence under section 24(4) in England in relation to a failure to take steps required by a notice given under section 24 to remedy a default in the case of non-compliance with—

(a)the conditions of a felling licence that relate to the restocking or stocking of land with trees, or

(b)the requirements of a restocking notice.

(2)The court may make a restocking order.

(3)A restocking order is an order that requires the person to take such steps as may be specified therein to be taken within such time as may be so specified—

(a)to restock or stock with trees the land in respect of which the notice under section 24 was given, or such other land as the court considers appropriate, and

(b)to maintain those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years specified in the order.

(4)In deciding whether to make a restocking order the court must have regard to—

(a)the interests of good forestry and agriculture and of the amenities of the district to which the restocking order would relate, and

(b)the desirability of promoting the establishment and maintenance of adequate reserves of growing trees in England.

(5)Section 63(3) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to deal with person for breach of order etc) applies in relation to a restocking order.]

[F20724CVariation of conditions or suspension or revocation of licence following breach of condition: WalesE+W

(1)The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that any condition of the licence—

(a)has not been complied with, or

(b)is not being complied with.

(2)But this section does not apply if the condition is one that requires works to be carried out (as to which see section 24).

(3)The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a)a suspension of the felling licence, either in full or in part;

(b)a variation or removal of a condition of the felling licence or an imposition of a new condition;

(c)where the circumstances referred to in subsection (4) apply, a revocation of the felling licence.

(4)The circumstances are that the condition that has not been complied with, or is not being complied with, was imposed for the purpose mentioned in section 10(2)(c).

(5)A notice given under subsection (3) may also make provision—

(a)requiring the person‍ to whom the notice was given to take such steps as may be specified in the notice, and

(b)specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be‍ taken.

(6)A notice given under subsection (3) must—

(a)set out the reasons for giving the notice;

(b)specify the condition that has not been or is not being complied with;

(c)if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d)if the notice varies conditions or revokes the felling licence, specify the date upon which the variation or revocation takes effect;

(e)if the notice suspends the felling licence in part, specify the felling that may continue.

(7)Where a notice given under subsection (3) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a)the expiry of the period specified in the notice‍ in accordance with subsection (6)(c), and

(b)the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(8)The Natural Resources Body for Wales may give a further notice under subsection (7)(b) if it considers that the suspension should be lifted sooner than the‍ end of the period specified in the notice given under subsection‍ (3).

(9)If—

(a)a notice given under subsection (3) requires a person to take steps in accordance with subsection (5)(a), and

(b)those steps have not been‍ taken before the end of the period specified in that notice in accordance with subsection (5)(b),

the Natural Resources Body for Wales may enter on the land and take those steps.

(10)A person who, without reasonable excuse, fails to take any steps required by a notice given under subsection (3) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (9)).

(11)Proceedings in respect of an offence under subsection (10)—

(a)must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b)may not be commenced more than two years after the date of the offence.

(12)A person who is required by a notice under subsection (3) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(13)For the purposes of this sectio‍n, “the person responsible” is—

(a)the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

(b)in any other case,‍ a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

Textual Amendments

F207Ss. 24C-24E inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 39, 56(1)(a)

24DNotice to subsequent estate or interest holder requiring steps to be takenE+W

(1)Subsection (2) applies where—

(a)a notice has been given to a person under section 24C(3) requiring the person to take steps,

(b)steps required by the notice have not been taken, and

(c)before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given.

(2)The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice—

(a)requiring the steps that were not taken under the notice described in subsection (1) to be taken, and

(b)specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken.

(3)A notice given under subsection (2) must set out the reasons for giving the notice.

(4)If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps.

(5)A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)).

(6)Proceedings in respect of an offence under subsection (5)—

(a)must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b)may not be commenced more than two years after the date of the offence.

(7)A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(8)The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

Textual Amendments

F207Ss. 24C-24E inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 39, 56(1)(a)

24ESuspension, amendment or revocation of tree felling licence where no breach of condition: WalesE+W

(1)The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that felling in accordance with the licence is causing, or is likely to cause, significant harm to—

(a)natural beauty, or

(b)flora, fauna, geological or physiographical features, or natural habitats.

(2)The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a)a suspension of the felling licence, either in full or in part;

(b)an amendment of the felling licence;

(c)if the Natural Resources Body for Wales considers that amending the felling licence would not prevent the harm that is being caused or is likely to be caused, a revocation of the felling licence.

(3)A notice given under subsection (2) must—

(a)set out the reasons for giving the notice;

(b)specify the harm that felling in accordance with the licence is causing or is likely to cause;

(c)if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d)if the notice amends or revokes the felling licence, specify the date upon which the amendment or revocation takes effect;

(e)if the notice suspends the felling licence in part, specify the felling that may continue.

(4)Where a notice given under subsection (2) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a)the expiry of the period specified in the notice‍ in accordance with subsection (3)(c), and

(b)the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(5)The Natural Resources Body for Wales must give a further notice specifying a date under subsection (4)(b) (to bring the suspension to an end) if it considers that felling in accordance with the felling licence (as it would have effect after that date) would neither cause nor be likely to cause the harm specified in the notice that suspended the licence.

(6)For the purposes of this section, “the person responsible” is—

(a)the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

(b)in any other case, a person who has such estate or interest in the land as is referred to in section 10(1) on that date.]

Textual Amendments

F207Ss. 24C-24E inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 39, 56(1)(a)

[F20824FNotices under section 24C(3) or 24E(2) that affect tree preservation ordersE+W

(1)The provisions of this section apply if—

(a)the Natural Resources Body for Wales proposes to give a notice under section 24C(3) or 24E(2) in respect of any trees to which a tree preservation order relates, and

(b)the proposed notice does not meet the emergency criteria.

(2)The emergency criteria are met if the proposed notice makes no provision other than—

(a)provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i)natural beauty, or

(ii)flora, fauna, geological or physiographical features, or natural habitats, or

(b)provision that suspends a felling licence.

(3)Before the Natural Resources Body for Wales gives the proposed notice it must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(4)If, within the prescribed period, the authority by whom the tree preservation order was made objects to the notice in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(5)If a matter is referred to the Welsh Ministers under subsection (4), the Welsh Ministers may decide to—

(a)grant consent to the giving of the notice, or

(b)refuse to grant consent (in which case the notice cannot be given).

(6)Where the Natural Resources Body for Wales has given notice in writing under subsection (3) to an authority in respect of a proposed notice, the proposed notice cannot be given until—

(a)the period prescribed under subsection (4) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b)if the Natural Resources for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(7)Before deciding whether to grant or refuse consent under subsection (5), the Welsh Ministers must consult—

(a)the Natural Resources Body for Wales;

(b)the authority by whom the tree preservation order was made;

(c)the applicant for the licence if the applicant has such estate or interest in the land as is referred to in section 10(1) or, in any other case, a person who has such estate or interest in the land.]

Textual Amendments

F208S. 24F inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 40, 56(1)(a)

25 Appeal against notice under s. 24.E+W+S

(1)If a person to whom a notice under section 24 is given claims—

(a)that the works in question have been carried out in accordance with the conditions of the felling licence or, in the case of felling directions, that they have been complied with; or

(b)that the steps required by the notice to be taken are not required by the conditions or directions,

he may by a notice served on the Minister [F209where the notice is given in respect of land or trees in [F210England or Wales], F211... ] in the prescribed manner and within the prescribed period after the receipt of the notice under section 24, request the Minister F212... to refer the matter to a committee appointed in accordance with section 27 below.

(2)A notice under section 24 shall be inoperative until the expiration of the prescribed period for the purposes of subsection (1) above and, where a request to the Minister F213... under that subsection is made, until the conclusion of any proceedings under this section in pursuance of the request.

(3)Where such a request is made by a person receiving a notice under section 24, the Minister F214... shall, unless he is of opinion that the grounds for the request are frivolous, refer the matter accordingly to a committee so appointed.

(4)The committee to whom a matter is referred under this section, after complying with section 27(3), shall make a report on the reference to the Minister [F215and who] shall, after considering the report, confirm or cancel the notice to which the reference relates.

Textual Amendments

F209Words in s. 25(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para 4(18)(a)

26 Expenses etc. in connection with notices under s. 24 [F216, s. 24C(3) or s. 24D(2)].E+W+S

(1)If the [F217appropriate forestry authority], in the exercise of their powers under section 24 [F218, section 24C(9) or section 24D(4)], enter on land and take any steps required by a notice [F219under that section] [F219under either of those sections], they may recover from the person to whom the notice was given any expenses reasonably incurred in connection therewith.

(2)The [F217appropriate forestry authority] may remove and either retain or dispose of trees felled by them in the exercise of their said powers, and shall, on a claim made in the prescribed manner by the owner of any trees so removed, pay to him a sum equal to the value of those trees after deducting any expenses reasonably incurred by them in connection with the removal or disposal.

(3)Subject to any express agreement to the contrary, any expenses incurred by a person for the purpose of complying with a notice under section 24, and any sums paid by a person in respect of expenses of the [F217appropriate forestry authority] under that section, shall be deemed to be incurred or paid by that person—

(a)where the notice relates to works required to be carried out in pursuance of conditions of a felling licence, for the use and at the request of the applicant for the licence;

(b)where the notice requires compliance with felling directions, for the use and at the request of the person to whom the directions were given.

(4)Any sums recoverable by or from the [F217appropriate forestry authority] under this section may be recovered as a simple contract debt.

Textual Amendments

F216Words in s. 26 heading inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(a), 56(1)(a)

F218Words in s. 26(1) inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(b)(i), 56(1)(a)

F219Words in s. 26(1) substituted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(b)(ii), 56(1)(a)

[F22026AAppeals against notices given under section 24C(3) and 24D(2)E+W

(1)The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies—

(a)the person to whom the notice was given;

(b)a person who has such estate or interest in the land as is referred to in section 10(1);

(c)the owner of the trees.

(2)The grounds are—

(a)a condition referred to in the notice has been complied with or is being complied with;

(b)suspending or revoking the felling licence is unreasonable or disproportionate;

(c)the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;

(d)a step specified in the notice is unreasonable or disproportionate;

(e)where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).

(3)A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.

(4)An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

26BAppeals against notice given under section 24E(2)E+W

(1)The following persons have a right to bring an appeal against a notice given under section 24E(2) if the person thinks that any of the grounds set out in subsection (2) applies—

(a)the person to whom the notice was given;

(b)a person who has such estate or interest in the land as is referred to in section 10(1);

(c)the owner of the trees.

(2)The grounds are—

(a)the felling is not causing the harm specified in the notice or is not likely to cause the harm;

(b)suspending or revoking the felling licence is unreasonable or disproportionate;

(c)an amendment to the felling licence is unreasonable or disproportionate;

(d)where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b).

(3)An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

26CFurther provision about appeals brought under sections 26A and 26BE+W

(1)A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period.

(2)A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request.

(3)But subsection (2) does not apply (and the notice may take effect immediately) to the extent that—

(a)the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i)natural beauty, or

(ii)flora, fauna, geological or physiographical features, or natural habitats, or

(b)the notice makes provision that suspends a felling licence.

(4)Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27.

(5)The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference.

(6)After considering the report, the Welsh Ministers must—

(a)in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)—

(i)direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or

(ii)give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given;

(b)in the case of any other request, confirm or cancel the notice to which the reference relates.

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

26DCompensation following receipt of a notice given under section 24C(3)E+W

(1)If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2)If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable—

(a)for any expenses reasonably incurred in connection with the giving of the notice;

(b)for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice.

(3)If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable—

(a)for any expenses reasonably incurred in connection with the suspension;

(b)for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension.

(4)For the purposes of this section “the relevant person” is—

(a)where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given;

(b)where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(c)in the case of compensation for depreciation in the value of the trees, the owner of the trees.

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

26ECompensation following receipt of a notice given under section 24D(2)E+W

(1)If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24D(2), the person to whom the notice was given is entitled to compensation in accordance with this section and section 26G.

(2)If the notice given under section 24D(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

26FCompensation following receipt of a notice given under section 24E(2)E+W

(1)If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24E(2), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2)Compensation is payable for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice under section 24E(2) (regardless of whether an appeal has been brought under section 26B).

(3)If the notice given under section 24E(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

(4)If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24E(2), compensation is payable for any expenses reasonably incurred in connection with the suspension.

(5)For the purposes of this section “the relevant person” is—

(a)where compensation is payable for expenses reasonably incurred, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(b)in the case of compensation for depreciation in the value of the trees, the owner of the trees.

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

26GCompensation under section 26D, 26E and 26F – further provisionE+W

(1)Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales.

(2)A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period.

(3)Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber—

(a)if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling;

(b)where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given.

(4)In calculating compensation that is payable under section 26D or 26F—

(a)no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees;

(b)the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim.

(5)If—

(a)after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or

(b)after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked,

then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection.

(6)For the purposes of subsection (5)(a), the relevant person is—

(a)the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or

(b)if the applicant no longer has such estate or interest, a person who has such estate or interest.

(7)For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1).

(8)Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.]

Textual Amendments

F220Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)

SupplementaryE+W+S

27X1Committees of reference for purposes of ss. 16, 20, 21 [F221and 25] [F221, 25, 26A, 26B and 26C].W

(1)References in sections 16, [F22217B,] 20, 21 [F223and 25] [F223, 25, 26A, 26B and 26C] of this Act to a committee appointed in accordance with this section are to a committee consisting of—

(a)a chairman appointed by the Minister [F224in relation to cases where the trees are, or the land is, in [F225England or Wales] F226... ]; and

(b)two other members selected by the Minister F227... from a panel of persons appointed by him, after such consultation as is provided for below, for the conservancy in which the trees are growing:

[F228But this is subject to subsections (1A) and (1B)].

[F229(1A)The members of a committee appointed in relation to a case concerning trees or land in England F230... shall not include any Forestry Commissioner or employee of the Commissioners.

(1B)The members of a committee appointed in relation to a case concerning trees or land in Wales shall not include any member or employee of the Natural Resources Body for Wales.]

(2)The consultation required by subsection (1)(b) above is to be with—

(a)the regional advisory committee for the said conservancy; and

(b)organisations appearing to the Minister F231... to represent the interests of owners of woodlands and timber merchants respectively; and

(c)organisations concerned with the study and promotion of forestry.

(3)On any reference being made to them under this Part of this Act a committee appointed in accordance with this section shall—

(a)afford to the person concerned with the subject-matter of the reference an opportunity of appearing before them and of making representations to them on the matter in question;

(b)if they think fit, or are so required by the said person, inspect the trees or land to which the reference relates; and

(c)take into consideration any information furnished to them by the [F232appropriate forestry authority] as to the performance within the conservancy in which the trees are growing of their duty of promoting the establishment and maintenance F233... of adequate reserves of growing trees.

For purposes of this subsection “the person concerned with the subject-matter of the reference” is the person at whose request the reference was made, except that in the case of a reference by the Minister F234... of a notice under section 21 it is the person by whom the notice was given.

(4)The Minister may pay to the members of a committee appointed by him under this section such remuneration as he may, with the consent of the Treasury [F235as regards England F236... ], determine.

F237(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1S. 27: Unreliable margin note

Textual Amendments

F221Words in s. 27 heading substituted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(5)(a), 56(1)(a)

F223Words in s. 27(1) substituted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(5)(b), 56(1)(a)

F224Words in s. 27(1)(a) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(22)(a)

F233Words in s. 27(3)(c) omitted (1.7.1999) by virtue of S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

F235Words in s. 27(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(22)(c)

28 Identification of trees.E+W+S

A person authorised by the [F238appropriate forestry authority] may take such steps, whether by marking or otherwise, as the [F238appropriate forestry authority] consider necessary for identifying trees which are the subject of a felling licence or felling directions, or in respect of which a felling licence has been refused.

29 Provisions relating to mortgages F239... and settled land.E+W+S

(1)Where the interest of the owner of trees in England or Wales is for the time being subject to a mortgage—

(a)a claim for any compensation or sum payable under section 11 [F240or section 26] [F240, 26, 26D, 26E or 26F] of this Act in respect of the trees may be made either by the mortgagor or by the mortgagee;

(b)in either case the compensation or sum shall be paid to the mortgagee or, if more than one, to the first mortgagee, and shall be applied by him as if it were proceeds of the sale of the trees.

F241(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to the foregoing provisions of this section, where the owner of trees comprised in a settlement within the meaning of the M8Settled Land Act 1925 is a tenant for life who is impeachable for waste in respect of the trees, any compensation or sum payable under section 11 [F242or section 26] [F242, 26, 26D, 26E or 26F] of this Act in respect of the trees shall be paid to the trustees of the settlement, and shall be applied by them in accordance with section 66(2) of the Settled Land Act 1925 as if it were proceeds of sale of timber cut and sold with the consent of the trustees under that section.

30Service of documents.E+W+S

(1)Any document required or authorised to be served under this Part of this Act may be served on a person either by delivering it to him, or by leaving it at his proper address, or by sending it through the post in a registered letter addressed to him at that address or in a letter sent by the recorded delivery service and so addressed.

(2)Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body [F243or, in the case of service by the Commissioners, upon a director of the company or body].

(3)For the purposes of this section and of [F244section 7 of the M9Interpretation Act 1978], the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary or clerk [F245or director] of an incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served:

Provided that, where the person to be served has furnished an address for service, his proper address for the said purposes shall be the address furnished.

(4)If it is not practicable to ascertain the name or address of an owner, lessee or occupier of land on whom any such document as aforesaid is to be served, the document may be served by addressing it to him by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which it relates, and by delivering it to some responsible person on the land or, if there is no such person on the land to whom it may be delivered, by affixing it or a copy of it to some conspicuous part of the land.

(5)The [F246appropriate forestry authority] may, for the purpose of enabling them to serve or give any document or direction under this Part of this Act, require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land [F247, and the owner of any land in England], to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as a freeholder or owner, mortgagee or creditor in a heritable security, lessee or otherwise; and anyone who, having been required in pursuance of this subsection to give any information, fails to give it, or knowingly makes any mis-statement in respect thereof, shall be liable on summary conviction to a fine not exceeding [F248level 1 on the standard scale].

[F249(6)For the purposes of this section, any reference in this Part to the giving of a notice or document by the Natural Resources Body for Wales is to be treated as if it were a reference to the serving of a document.]

31 Determination of matters arising under ss. 11, 14, 21 [F250and 22] [F250, 2‍2, 26D, 26E and 26F].W

(1)Where a provision of this Part of this Act requires a thing to be determined in accordance with this section, that provision shall—

(a)in its application to England and Wales, be taken as requiring it to be determined by the [F251Upper Tribunal]; F252...

F252(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F253(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 Regulations.E+W+S

(1)[F254The appropriate legislative authority may] F255... by statutory instrument make regulations for prescribing anything which by this Part of this Act is authorised to be prescribed.

(2)A power conferred by this Part of this Act to prescribe the manner in which a claim or notice may be made or given thereunder shall include power to require that any particulars specified in the claim or notice shall be verified by statutory declaration.

[F256(3)Regulations made under this Part of this Act [F257by the Commissioners] may make provision as regards England F258... F259... .

(4)A statutory instrument containing regulations made under this Part of this Act making provision only as regards England F260...—

(a)if the regulations are made under section 9(5)(b) or (c), shall be of no effect unless approved by a resolution of each House of Parliament; and

(b)in a case not falling within the foregoing paragraph, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F261(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F262(5A)A statutory instrument containing regulations under this Part making provision only as regards Wales—

(a)in the case of regulations under section 9(5)(b) or (c), must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales;

(b)in a case not falling within paragraph (a), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

F263(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F256S. 32(3)-(6) substituted (1.7.1999) for s. 32(3) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(23)

33 Application of Part II to Crown land.E+W+S

(1)In this section “Crown land” means land an interest in which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(2)Subject to the following provisions of this section, the provisions of this Part of this Act shall apply in relation to Crown land and trees growing thereon to the extent only of any estate or interest therein which is for the time being held otherwise than on behalf of the Crown.

(3)Except with the consent of the appropriate authority as defined in this section,—

(a)no conditions relating to the restocking or stocking of Crown land shall be imposed on the grant of a felling licence;

(b)no felling directions shall be given in respect of trees growing on Crown land.

(4)The Minister F264... shall not be authorised to acquire the interest of any person in Crown land by virtue of a notice under section 21 unless an offer has previously been made by that person to dispose of that interest to the appropriate authority on terms that the price payable therefor shall be equal to (and shall be determined in default of agreement in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of such a notice, and that offer has been refused by that authority.

(5)In this section “the appropriate authority” in relation to any land means—

(a)in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question F265... ;

(b)in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c)in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and

(d)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

34 Meaning of “owner” in Part II.E+W+S

(1)In this Part of this Act the expression “owner” has the meaning ascribed to it by this section.

(2)In relation to land in England or Wales, “owner” means the person in whom for the time being is vested the legal estate in fee simple, except that where in relation to all or any of the provisions of this Part of this Act,—

(a)all persons appearing to the Minister to be concerned agree, with the approval of the Minister, that some person shall be treated as the owner of land other than the person who would be so treated apart from the agreement; or

(b)on an application in that behalf to the [F266appropriate tribunal] determine, having regard to the respective interests of the persons interested in the land, that some person shall be treated as the owner of the land other than the person who would be so treated apart from the determination,

that person shall be so treated, but without prejudice to a subsequent agreement or determination, or to his ceasing to be so treated, if the Minister withdraws his approval under paragraph (a) of this subsection.

[F267(2A)For the purposes of subsection (2), “appropriate tribunal” means—

(a)where the land (or the greater part of the land) is in England, the First-tier Tribunal; and

(b)where the land (or the greater part of the land) is in Wales, the Agricultural Land Tribunal established under Part V of the Agriculture Act 1947.]

F268(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In relation to trees, “owner” means the owner of the land on which the trees are growing and, in the case of trees which have been felled, means the person who was the owner immediately before the feeling.

35 Interpretation of other expressions in Part II.E+W+S

In this Part of this Act—

  • conservancy” means any area in [F269England and Wales] which may for the time being be designated by the [F270appropriate forestry authority] as a conservancy for the purpose of the performance of their functions;

  • felling” includes wilfully destroying by any means;

  • felling directions” means directions given by the[F270appropriate forestry authority] under section 18 of this Act for the felling of trees;

  • felling licence” means a licence under this Part of this Act authorising the felling of trees;

  • [F271mortgage” includes any charge for securing money or money’s worth, and references to a mortgagee are to be construed accordingly];

  • prescribed” means prescribed by regulations made by the [F272appropriate legislative authority] under this Part of this Act; and

  • [F273restocking notice ” shall be construed in accordance with section 17A(1) of this Act; ]

  • tree preservation order” means an order made or having effect as if made under [F274section 198 of the Town and Country Planning Act 1990] F275... .

  • [F276tree preservation regulations ” means regulations made under section 202A(1) of the Town and Country Planning Act 1990; ]

Textual Amendments

F276Words in s. 35 inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 5 (with s. 226); S.I. 2012/601, art. 2(a)

36 Application of Part II to London.E+W+S

This Part of this Act shall not apply to trees standing or growing on land within the area of Greater London other than the outer London Boroughs within the meaning of the M10London Government Act 1963.

Marginal Citations

Part IIIE+W+S Administration and Finance

Advisory bodiesE+W+S

37[F277 Advisory committees].E+W+S

[F278(1)For the purposes of advising the appropriate forestry authority as to the performance of their functions under section 1(3) and Part II of this Act, and such other functions as the appropriate forestry authority may from time to time determine—

F279(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the appropriate forestry authority shall continue to maintain a regional advisory committee for each conservancy (within the meaning of Part II of this Act) in [F280England and Wales].]

F281(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F282appropriate forestry authority] shall—

(a)in considering whether to refuse a felling licence under Part II of this Act, or to grant it unconditionally or subject to any conditions; and

(b)in considering whether to give felling directions under the said Part II,

take into account any advice tendered by the regional advisory committee for the conservancy in which are growing the trees to which the felling licence applied for, or the directions proposed to be given, relate.

38 Composition etc. of advisory committees.E+W+S

[F283(1)F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A)The chairman and other members of each regional advisory committee shall be appointed by the appropriate forestry authority.

(1B)A chairman or member appointed under subsection F285... (1A) shall hold and vacate office in accordance with the terms of the instrument by which they are appointed.]

F286(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Each regional advisory committee shall consist of not less than seven nor more than [F287twelve] members, and of those members (other than the chairman) not less than four shall be persons appointed by the [F288appropriate forestry authority] after consultation with organisations appearing to them to represent the interests of owners of woodlands and timber merchants respectively and organisations concerned with the study and promotion of forestry.

(4)F289... [F290The appropriate forestry authority may pay to the members of a regional advisory committee,] such allowances as they may with the consent of the Treasury determine.

F291(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and disposal of landE+W+S

39 Power of Minister to acquire and dispose of land. E+W+S

(1)Subject to the provisions of this Act, the Minister [F292as regards [F293England or Wales] F294... ] may acquire (by purchase, lease or exchange) land which in his F295... opinion is suitable for afforestation or for purposes connected with forestry, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him F296... under this section at the disposal of the [F297appropriate forestry authority].

[F298(2)Subject to subsection (2A) below, the Minister F299... may dispose for any purpose of land acquired by him F300... under this section.

(2A)Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed, or ought not to be used, for the purpose of afforestation or any purpose connected with forestry, and may exchange any such land for other land more suitable for either of the said purposes and may pay or receive money for equality of exchange.]

(3)The Minister F301... shall have power, in the case of land acquired by him F302... under this section,—

(a)to manage and use the land for such purposes as he thinks F303... fit (this power to include that of erecting buildings and other works on the land) where it is not for the time being placed at the disposal of the [F297appropriate forestry authority] under subsection (1) above; and

(b)to let the land, or grant any interest or right in or over it.

F304(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F305(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Schedule 4 to this Act shall have effect as respects the procedure applicable where the Minister acquires F306... land under this section, except in a case of compulsory purchase in accordance with the following section.

Textual Amendments

F292Words in s. 39(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(28)(a)

F298S. 39(2)(2A) substituted for s. 39(2) by Forestry Act 1981 (c. 39, SIF 54), s. 1

F304Ss. 39(4), 41(7) repealed by Forestry Act 1981 (c. 39, SIF 54), s. 4(2), Sch.

Modifications etc. (not altering text)

C7S. 39 extended by (S.) Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 59 and Countryside Act 1968 (c. 41, SIF 46:1), (E.W.) s. 23(3) and (E.W.)(S.) s. 24(5)

40 Compulsory purchase of land. E+W+S

(1)Subject to the provisions of this section, the power of the Minister F307... to acquire land by purchase under section 39 above includes a power of compulsory purchase.

(2)The following descriptions of land shall not be subject to compulsory purchase under this Act:—

(a)land which is the site of an ancient monument or other object of archaeological interest;

(b)land which forms part of a park, garden or pleasure ground or which forms part of the home farm attached to, and usually occupied with, a mansion house or is otherwise required for the amenity or convenience of a dwelling-house;

(c)land which is the property of a local authority, that is to say,—

(i)in England or Wales, the council of a county, F308... , county district or rural parish, [F309the Greater London Council] the Common Council of the City of London or the council of a London borough; F310 ...

F310(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)land which has been acquired for the purpose of their undertaking by statutory undertakers, that is to say persons authorised by an enactment, or by an order or scheme made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, F311... , F312... , [F313water] or other public undertaking.

[F314(e)land held or used by a universal service provider (within the meaning of [F315Part 3 of the Postal Services Act 2011]) for any purpose in connection with the provision of a universal postal service (within the meaning of [F316that Part]).]

(3)Land shall not be subject to compulsory purchase under this Act if a forestry dedication covenant F317... is in force with respect to it and it is being used and managed in accordance with the provisions and conditions of a plan of operations approved by the [F318appropriate forestry authority]; and—

(a)any question arising under this subsection whether there has been a breach of any of the provisions and conditions of a plan of operations shall be referred for determination as follows, that is to say—

(i)in a case relating to [F319England or Wales], by an arbitrator appointerd by the President of the Royal Institution of Chartered Surveyors; F320 ...

F320(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the [F318appropriate forestry authority] requiring it to be remedied.

[F321(4)The power of compulsory purchase under this Act shall not be excercisable in relation to land held inalienably by the National Trust or by the National Trust for Scotland.]

(5)The Minister’s F322... power of compulsory purchase under this Act shall be exercisable by means of a compulsory purchase order, and—

(a)the order shall be made in accordance with Part I of Schedule 5 to this Act;

(b)Part II of that Schedule shall apply with respect to the validity and date of operation of the order; and

(c)Part III of that Schedule shall apply with respect to the procedure for acquiring land by compulsory purchase.

(6)If the said power of compulsory purchase is exercised in relation to land in respect of which an advance by way of grant has been made by the [F318appropriate forestry authority]

(a)under section 4 of this Act; or

(b)under section 3(3) of the M11Forestry Act 1919 at any time after the 26th March 1945,

not being in either case an advance made more than thirty years before the date of the service of the notice to treat in the exercise of that power, the amount of the compensation for the compulsory purchase shall be reduced by the amount of the advance with compound interest thereon (calculated from the date of the advance to the date on which the compensation is paid) at the rate of £3 per cent. per annum with yearly rests:

Provided that, in the case of compensation for the compulsory purchase of one of several interests in such land, the amount of the reduction in the case of each interest purchased shall be equal to a part of the advance and interest proportionate to the value of that interest as compared with the value of the land.

Textual Amendments

F308Words repealed by S.I. 1974/595, Sch. 1 Pt. I

F309Words inserted by S.I. 1970/211, art. 3(7)

F314S. 40(2)(e) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 23 (subject to art. 1(3))

Modifications etc. (not altering text)

C8S. 40 extended with modifications by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7, para. 2(1), (xviii), Sch. 8 para. 33

C10S. 40 extended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(1)(2) (xiii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C11S. 40 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xiii); S.I. 1996/218, art. 2

Marginal Citations

Finance, accounts and annual reportE+W+S

41 Forestry Fund.E+W+S

[F323(1)The Forestry Fund constituted under section 8 of the Forestry Act 1919 shall be wound up and any balance in the Forestry Fund shall be paid to the Forestry Commissioners.

[F324(2)This subsection applies to the following expenses–

(a)the salaries of the Forestry Commissioners and the salaries or remuneration of the officers and servants of the Commissioners;

(b)all expenses incurred by the Commissioners (including the cost of any grant or loan made by them) in the exercise of their functions under or by virtue of–

(i)this Act (including the payment of allowances to the members of any committee maintained by them under this Act), or

(ii)any other enactment;

(c)any superannuation benefits paid under paragraph 9 of Schedule 1 to this Act or under a scheme made by virtue of paragraph 10 of that Schedule;

(d)any administrative expenses of the [F325Secretary of State] under Part II of this Act (including sums required for the payment of remuneration to the members of any committee appointed by him under section 27);

(e)all capital payments made by the [F325Secretary of State] in acquiring land under section 39 above and any expenses incurred by him in managing such land and any rent or other outgoings payable in respect of such land,

but this subsection does not apply to any expenses to which subsection (4) below applies.

(3)The expenses to which subsection (2) above applies shall be payable out of money provided by Parliament, except in so far as they are met out of money held by the Commissioners in accordance with subsection (6) or (7) below.

(3A)Where, by virtue of subsection (3) above, any expenses incurred by the [F325Secretary of State] falling within subsection (2) above are to be met out of money held by the Commissioners, they shall make payments to him for that purpose.]

F326(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F327(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)The Commissioners may accept any gift made to them for all or any purposes of this Act and, subject to the terms thereof, may apply it for those purposes in accordance with regulations made by them.

F328(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F329(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F330(6)Subject to [F331subsection (8)] below, all sums received by the Commissioners in respect of–

(a)the sale of timber or any other transactions carried out by them in the exercise of their functions under this Act, or

(b)any other exercise of their functions under or by virtue of this Act or any other enactment,

shall be held by the Commissioners for the purpose of meeting the expenses to which subsection (2) above applies.

(7)Subject to subsection (8) below, the following sums received by the [F325Secretary of State] shall be paid by him to the Commissioners and held by them for the purpose of meeting the expenses to which subsection (2) above applies–

(a)any capital sum received from the sale, lease or exchange of land [F332in England] acquired by him under section 39 above and all sums received by him from the letting or use of such land, and

(b)all sums received under sections 16 to 18 of the New Forest Act 1949.

(8)The [F325Secretary of State] may, with the approval of the Treasury, direct–

(a)that sums received by the Commissioners falling within subsection (6) above, or by the [F325Secretary of State] falling within subsection (7) above, or both, which are specified or of a description specified in the direction, or

(b)that all sums received by the Commissioners falling within subsection (6) above, or by the [F325Secretary of State] falling within subsection (7) above, or both, as specified in the direction,

shall not be subject to subsection (6) or, as the case may be, (7) but shall instead be paid into the Consolidated Fund.

(9)The power to give a direction under subsection (8) above includes power to vary or revoke a previous direction under that power.

F333(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F333(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F323S. 41(1)-(4A) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(33)(a)

F324S. 41(2)(3)(3A) substituted (16.3.2000) for s. 41(2)(3) by S.I. 2000/746, art. 2, Sch. para. 5(2)

F327S. 41A repealed (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(4)

F328S. 41(6) repealed (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(33)(b)

F329Ss. 39(4), 41(7) repealed by Forestry Act 1981 (c. 39, SIF 54), s. 4(2), Sch.

F330S. 41(6)-(11) inserted (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(5)

Modifications etc. (not altering text)

F33442. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

43 Satisfaction of certain contingent liability to Crown Estate.E+W+S

(1)If the Minister sells land which was transferred to him, or to any predecessor of his, or to the Commissioners, under section 1(1)(a) of the M12Forestry (Transfer of Woods) Act 1923 to an amount exceeding [F3352 hectares] at any one time, then if the sum determined under section 3 of the said Act of 1923 as the amount contingently payable by way of compensation for the transfer of rights and interests of the Crown has not been fully paid or satisfied,—

(a)the net proceeds of sale, or the portion necessary to satisfy the said sum, shall be paid by the Minister to the Crown Estate Commissioners and shall form part of the Crown Estate; and

(b)the payment shall be treated as satisfying a part of that sum equal to the gross proceeds of sale or the corresponding portion of them.

(2)[F336If section 1 of the Sovereign Grant Act 2011 ceases to have effect ], there shall be paid out of [F337the Consolidated Fund] to the Crown Estate Commissioners all such amounts as immediately before the commencement of this Act remained outstanding as compensation due to the Crown under section 3 of the said Act of 1923, reduced by the amount of any payments made since that commencement to the Crown Estate Commissioners pursuant to subsection (1) above or to the corresponding provision in section 8(1) of the M13Crown Estate Act 1961.

Textual Amendments

Marginal Citations

F33844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F33945

F340(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Commissioners shall, on such day and in such form as the Ministers may direct, submit to the Ministers an annual report F341... as to their proceedings under this Act F342... and the Ministers shall lay the report F341... before Parliament.

F343(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Part IVE+W+S General

46 [F344Appropriate legislative authority's] power to make byelaws. E+W+S

(1)Subject to the provisions of this and the next following sections, the [F345appropriate legislative authority] may make byelaws with respect to any land which is under [F346the] management or control [F347of the appropriate forestry authority] and to which the public have, or may be permitted to have, access.

(2)The [F348appropriate legislative authority's] byelaws may be such as appear to them to be necessary—

(a)for the preservation of any trees or timber on the land, or of any property of the [F349appropriate forestry authority]; and

(b)for prohibiting or regulating any act or thing tending to injury or disfigurement of the land or its amenities; and

(c)without prejudice to the generality of the foregoing, for regulating the reasonable use of the land by the public for the purposes of exercise and recreation.

(3)Byelaws under this section—

(a)shall not take away or injuriously affect any estate, interest, right of common or other right of a profitable or beneficial nature in, over or affecting any land, except with the consent of the person entitled thereto;

(b)shall not apply to a common which is subject to a scheme or regulation made in pursuance of the Metropolitan Commons Acts 1866 to 1898, or the Inclosure Acts 1845 to 1882, or the M14Commons Act 1899.

(4)Byelaws under this section shall be made by statutory instrument and a draft of a statutory instrument containing any such byelaws [F350with respect to land in England F351... ] shall be laid before Parliament.

F352(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F352(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F353(4C)A draft of any statutory instrument containing byelaws under this section with respect to land in Wales must be laid before the National Assembly for Wales.]

(5)If anyone fails to comply with, or acts in contravention of, any byelaw made under this section he shall be guilty of an offence and be liable on summary conviction as follows:—

(a)in the case of an offence against byelaws made by the Commissioners with respect to the New Forest, he shall be liable to a fine not exceeding [F354level 2 on the standard scale],

(b)in a case not falling within the foregoing paragraph, he shall be liable to a fine not exceeding [F354level 2 on the standard scale]; and

(c)in [F355the case of a continuing offence falling within either of the foregoing paragraphs] he shall be liable to a further fine not exceeding [F35650p] for each day upon which the offence continues.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F357

Textual Amendments

F350Words in s. 46(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(37)(a)

F354Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1;), ss. 39, 46, Sch. 3 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and expressed to be substituted (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

Modifications etc. (not altering text)

Marginal Citations

47 Provisions supplementary to s. 46 for New Forest and Forest of Dean.E+W+S

(1)Byelaws made by the Commissioners under section 46 with respect to the New Forest or the Forest of Dean shall be without prejudice to any byelaws made under any other Act by the verderers of either Forest, but before making any such byelaws the Commissioners shall consult with the verderers of the Forest concerned.

X2(2)Section 1(3) of the M15New Forest Act 1964 (which applies byelaws made by the Commissioners to certain land added under that Act to the Forest) shall have effect with the substitution for the reference to section 2 of the M16Forestry Act 1927 of a reference to section 46 of this Act.

(3)The verderers of either of the said Forests may in their courts inquire into any offence consisting in a failure to comply with, or a contravention of, byelaws made by the Commissioners under section 46, being an offence alleged to have been committed within the Forest, and may punish any such offence so committed.

(4)As respects their jurisdiction under this section, the verderers’ courts shall be deemed to be magistrates’ courts, and the provisions of the M17M18Magistrates’ Courts Act 1952 and 1957, including provisions as to the recovery of fines and as to appeals, and the provisions of any rules made under those Acts, shall apply accordingly.

(5)The powers conferred by this section on the verderers of the New Forest and the Forest of Dean shall be in addition to, and not in derogation of, any other powers exercisable by them, and shall be without prejudice to the power of any other court in relation to offences under section 46.

Editorial Information

X2The text of s. 47(2) and Sch. 7 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Modifications etc. (not altering text)

C14S. 47(4) references to Magistrates' Courts Act 1952 and 1957 (which Acts were repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(a), Sch. 9) are to be construed as mentioned in Sch. 8 para. 5 of that 1980 Act

Marginal Citations

48 Powers of entry and enforcement.E+W+S

(1)An officer of the [F358appropriate enforcement authority] or any other person authorised by [F359the appropriate enforcement authority] in that behalf may (on production, if so required, of his authority) enter on and survey any land for the purpose of ascertaining whether it is suitable for afforestation or for the purpose of inspecting any timber thereon, or for any other purpose in connection with the exercise of the powers and performance of the duties of the [F358appropriate enforcement authority] under this Act or the M19Plant Health Act 1967.

[F360(1A)In subsection (1) “the appropriate enforcement authority” means—

(a)in relation to powers and duties of the Commissioners, the Commissioners;

(b)in relation to powers and duties of the Welsh Ministers, the Welsh Ministers;

(c)in relation to powers and duties of the Natural Resources Body for Wales, the Natural Resources Body for Wales.]

(2)The [F361appropriate forestry authority] may authorise an officer or servant appointed or employed by them to exercise and perform on their behalf such powers and duties as they may consider necessary for the enforcement of byelaws under section 46 of this Act, and in particular to remove or exclude, after due warning, from any land to which the byelaws relate a person who commits, or whom he reasonably suspects of committing an offence against the said section or against the M20Vagrancy Act 1824.

(3)Anyone who obstructs an officer or servant appointed or employed by the [F362appropriate forestry authority] in the due exercise or performance of his powers or duties under the foregoing subsection shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F363level 3 on the standard scale].

49 Interpretation.E+W+S

(1)In this Act—

  • [F364“the appropriate forestry authority” has the meaning given by section 1(1A);

  • “the appropriate legislative authority” means—

    (a)

    the Commissioners, in relation to England F365... ;

    (b)

    the Welsh Ministers, in relation to Wales;]

  • the Commissioners” means the body known as “The Forestry Commissioners”;

  • [F366forestry dedication covenant” has the meaning assigned to it by section 5;]

  • [F367the Minister ” means, except as provided by F368 ... [F369 Schedule 1 ] F369 , the [F370 Secretary of State ] F370 as respects England and the Secretary of State as respects Wales; ]

  • National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the M21National Trust Act 1907, and “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the said Act of 1907 or section 8 of the M22National Trust Act 1939;

  • National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the M23National Trust for Scotland Order Confirmation Act 1935, and “held inalienably”, in relation to land belonging to that Trust, means that the land is inalienable under section 22 of that Order.

  • F371...

(2)For purposes of this Act, Monmouthshire shall be deemed to be part of Wales and not of England.

F372(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F367Definition in s. 49 substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(38)

F368Words in s. 49(1) in definition of "the Minister" repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

F369Words in s. 49(1) in definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 13(a) (with arts. 5(3), 6)

F370Words in s. 49(1) in definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 13(b) (with arts. 5(3), 6)

Marginal Citations

M211907 c. cxxxvi.

50 Transitional provisions, repeals and savings.E+W+S

(1)The transitional provisions contained in Schedule 6 to this Act shall have effect.

(2)The enactments specified in the second column of Part I of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Part of the Schedule, subject to the savings in Part II of that Schedule.

(3)Nothing in this section or in Schedule 6 or 7 to this Act shall be taken as affecting the general application of section 38 of the M24Interpretation Act 1889 with regard to the effect of repeals.

Marginal Citations

51 Short title and extent.E+W+S

(1)This Act may be cited as the Forestry Act 1967.

(2)This Act shall not extend to Northern Ireland.]

SCHEDULES

SCHEDULE 1E+W+S The Forestry Commission and its Staff

Modifications etc. (not altering text)

C15Sch. 1: functions exercisable by the Minister for Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly transferred (27.3.2002) to the Secretary of State by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 3(5) (with art. 6)

Part IE+W+S Administration

The CommissionersE+W+S

1E+W+SThe Commissioners may for all purposes be described by the name of “The Forestry Commissioners”.

2(1)Each Forestry Commissioner shall hold and vacate office in accordance with the terms of his warrant of appointment, and one who vacates office shall be eligible for reappointment.E+W+S

(2)There shall be paid to such Forestry Commissioners as may be determined by the Ministers, with the approval of the Treasury, such salaries or other emoluments as may be so determined.

Modifications etc. (not altering text)

C17Sch. 1 para. 2: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

3E+W+SThe Commissioners may act by three of their number and notwithstanding a vacancy in their number, and may regulate their own procedure.

4(1)The Commissioners shall have an official seal, which shall be officially and judicially noticed.E+W+S

(2)The seal shall be authenticated by a Forestry Commissioner, or by the secretary to the Commissioners, or by some person authorised by the Commissioners to act on behalf of the secretary.

5(1)Every document purporting to be an order or other instrument issued by the Commissioners and to be sealed with the seal of the Commissioners authenticated in manner provided by paragraph 4(2) above, or to be signed by the secretary to the Commissioners or any person authorised by the Commissioners to act on behalf of the secretary, shall be received in evidence and be deemed to be such order or instrument without further proof, unless the contrary is shown.E+W+S

(2)The M25Documentary Evidence Act 1868, as amended by the M26Documentary Evidence Act 1882, shall apply to the Commissioners as though the Commissioners were included in the first column of the Schedule to the said Act of 1868, and the chairman or any other Commissioner, or the secretary, or any person authorised to act on behalf of the secretary, were mentioned in the second column of that Schedule, and as if the regulations referred to in those Acts included any document issued by the Commissioners.

Marginal Citations

StaffE+W+S

6(1)The Commissioners may, subject to such limit as to number as the Treasury may determine, appoint and employ such officers and servants for the purposes of this Act as the Commissioners think necessary, and may remove any officer or servant so appointed or employed.E+W+S

(2)There shall be paid to officers and servants appointed or employed by the Commissioners such salaries or remuneration as the Ministers may, with the approval of the Treasury, determine.

Modifications etc. (not altering text)

C18Sch. 1 para. 6: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 2(2)

C19Sch. 1 para. 6(1) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2

Committees appointed under section 2(3)E+W+S

7(1)An order of the Commissioners under section 2(3) of this Act appointing a committee shall make provision as to the constitution (including the terms of office of members), quorum and procedure of the committee.E+W+S

(2)There shall be paid F373. . .to the members of any committee appointed [F374for England F375...] under section 2(3) who are not Forestry Commissioners or officers of the Commissioners such travelling and other allowances as the Ministers may, with the approval of the Treasury, determine.

F376(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryE+W+S

8E+W+SThe functions of the Ministers under this Part of this Schedule shall be exercised by them jointly, except in so far as they make arrangements that this paragraph shall not apply.

[F3778AE+W+SIn this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.]

Textual Amendments

F377Sch. 1 para. 8A inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(39)(d)

Part IIE+W+S Superannuation of Forestry Commissioners and Commission Staff

9(1)This paragraph applies to Forestry Commissioners and to such [F378classes of officers employed by the Commissioners as may be] determined by the Ministers with the approval of the Treasury.E+W+S

(2)Subject to the following provisions, there may be granted to or in respect of persons to whom this paragraph applies the same superannuation benefits as can be granted in respect of persons in the civil service under the [F378principal civil service pension scheme within the meaning of section 2 of the M27Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme . . . ]F379 shall have effect accordingly with respect to persons to whom this paragraph applies as they have effect with respect to persons in the civil service.

F380(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this Part of this Schedule—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F381

  • superannuation benefits” includes a superannuation allowance, additional allowance, annual allowance, retiring allowance, compensation allowance, gratuity, pension, compensation and annuity.

Textual Amendments

F380Sch. 1 para. 9(3) repealed (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(7)(b)

Modifications etc. (not altering text)

C21Sch. 1 para. 9: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 2

Marginal Citations

10(1)The Ministers may with the approval of the Treasury make schemes to supplement or replace (either as a whole or in part) paragraph 9(2) above, being schemes for the grant of superannuation and other allowances and gratuities to or for the benefit of persons to whom paragraph 9 applies; and, without prejudice to the foregoing,—E+W+S

(a)the superannuation benefits to be granted in accordance with the scheme may include those which may be granted under the said paragraph 9(2), subject to the provisions of that sub-paragraph in the case of contributory pensions; and

(b)on the coming into force of a scheme made under this paragraph, paragraph 9(2) shall, to the extent that the scheme makes any provision different therefrom, cease to have effect.

F382(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F383(3)A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme.]

Textual Amendments

F382Sch. 1 para. 10(2) repealed (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(7)(b)

Modifications etc. (not altering text)

C22Sch. 1 para. 10: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 2

11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F384

Textual Amendments

12E+W+SWhe