F17Part IIF6... Power to Control Felling of Trees

Annotations:
Amendments (Textual)
F6

Word 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)

Supplementary

27X1Committees of reference for purposes of ss. 16, 20, 21 and 25.

1

References in sections 16, F117B, 20, 21 and 25 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 F2in relation to cases where the trees are, or the land is, in F13England or WalesF8... ; and

b

two other members selected by the Minister F10... 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:

F14But this is subject to subsections (1A) and (1B).

F71A

The members of a committee appointed in relation to a case concerning trees or land in England F12... 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 F16... 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 F9appropriate forestry authority as to the performance within the conservancy in which the trees are growing of their duty of promoting the establishment and maintenance F3. . . 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 F5... 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 F4as regards England F11... , determine.

F154A

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