Part VII

Special Controls
Chapter I

Trees

Consequences of tree removal etc.

Replacement of trees.
167
1
If any tree in respect of which a tree preservation order is for the time being in force—
a
is removed, uprooted or destroyed in contravention of the order, or
b
except in the case of a tree to which the order applies as part of a woodland, is removed, uprooted or destroyed or dies at a time when its felling or uprooting is authorised only by virtue of section 160(6)(a),
it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
2
The duty imposed by subsection (1) does not apply to an owner if on application by him the planning authority dispense with it.
3
In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees—
a
on or near the land on which the trees removed, uprooted or destroyed stood, or
b
on such other land as may be agreed between the planning authority and the owner of the land,
and in such places as may be designated by the planning authority.
4
In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.
5
The duty imposed by subsection (1) on the owner of any land shall attach to the person who is from time to time the owner of the land.
Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)