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Forestry Act 1967

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46 [F1Appropriate legislative authority's] power to make byelaws. E+W+S

(1)Subject to the provisions of this and the next following sections, the [F2appropriate legislative authority] may make byelaws with respect to any land which is under [F3the] management or control [F4of the appropriate forestry authority] and to which the public have, or may be permitted to have, access.

(2)The [F5appropriate 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 [F6appropriate 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 M1Commons Act 1899.

(4)Byelaws under this section shall be made by statutory instrument and a draft of a statutory instrument containing any such byelaws [F7with respect to land in England F8... ] shall be laid before Parliament.

F9(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(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 [F11level 2 on the standard scale],

(b)in a case not falling within the foregoing paragraph, he shall be liable to a fine not exceeding [F11level 2 on the standard scale]; and

(c)in [F12the case of a continuing offence falling within either of the foregoing paragraphs] he shall be liable to a further fine not exceeding [F1350p] for each day upon which the offence continues.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F7Words in s. 46(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(37)(a)

F11Words 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

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