Part II Commissioners’ Power to Control Felling of Trees

Enforcement of licence conditions and felling directions

25 Appeal against notice under s. 24.

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 in the prescribed manner and within the prescribed period after the receipt of the notice under section 24, request the Minister 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 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 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 and the Minister shall, after considering the report, confirm or cancel the notice to which the reference relates.