Schedule 16: Controlling the felling of trees in England
Introductory
- This Schedule amends Part 2 of the Forestry Act 1967 ("the 1967 Act").
Penalty for felling without licence: increase of fine
- Paragraph 2 amends section 17 to preserve in Wales the current level of fine that the Courts are able to impose (level 4 (£2,500) or twice the value of the tree, whichever is the higher) following conviction for a section 17 offence (felling without a licence where one was required), whilst amending the fine available in respect of such a conviction in England to an unlimited level 5 fine.
Restocking notices to be local land charges
- Paragraph 3 amends section 17A by inserting new subsection (1B), which provides that a restocking notice is a local land charge and, for the purposes of the Local Land Charges Act 1975, the Commissioners who serve the notice are defined as the "originating authority."
Enforcement notices to be local land charges
- Paragraph 4 inserts new subsection (6) at the end of section 24. This, as in paragraph 3, provides that a notice under this section is a local land charge and, for the purposes of the Local Land Charges Act 1975, the Commissioners who serve the notice are defined as the "originating authority."
- Local land charges will give notice to any buyer, and anyone who inspects the land register, that any buyer will acquire the land subject to the local land charge unless and until it is removed.
Further enforcement notices for new estate or interest holders
- Paragraph 5 inserts new section 24A after section 24.
- Sub-paragraph (1) inserts a cross-reference to new section 24A in section 17C.
- Sub-paragraph (2) provides the text for new section 24A. It enables the Forestry Commission to serve the new owner of land that is still subject to an enforcement notice with a subsequent enforcement notice. This will compel the new owner of the land to comply with the restocking notice.
Power of court to order restocking after conviction for failure to comply with enforcement notice
- Paragraph 6 inserts new section 24B into the 1967 Act. It has the effect of giving the court the power, following a conviction under section 24 of the Act (failure to comply with an Enforcement Notice), to make a restocking order that compels the person convicted to restock the land. This power is in addition to the existing fine.
- Subsection (3) of new section 24B explains that a restocking order will require a person to take specified steps within a specified time to stock or restock an area of land with trees – either the land under which the restocking notice was given or other land that the court considers appropriate – and to maintain those trees for the period specified in the order (which will not exceed 10 years).
- Subsection (4) of new section 24B provides that in deciding whether to make a restocking order a court must have regard to the interests of good forestry and agriculture and the desirability of promoting the growing and maintenance of trees in England.
- Subsection (5) of new section 24B provides for the application of section 63(3) of the Magistrates’ Courts Act 1980 for breaches in relation to a restocking order.
Service of notices on directors of companies that have estates or interests in land
- Paragraph 7 amends section 30. Section 30 sets out the precise manner in which documents, such as restocking notices and enforcement notices, should be served. Where a company is to be served with such a notice, section 30 currently stipulates that this must be upon the company "clerk" or "secretary". This paragraph amends section 30 to allow notices to be served upon a company "director" as well.
Requiring information from the owner of land
- Paragraph 8 also amends section 30. Section 30, for the purposes of serving documents, gives the Forestry Commission the power to request information regarding the ownership of the land from the "occupier" or "any person who, either directly or indirectly, receives rent" from the land in question. Failure to comply with the request is an offence carrying a fine. This section amends the 1967 Act to allow that request to be made of an "owner" of any land in England, compelling them to disclose, for instance, details of any leaseholders or tenants of the land.
