The Regulatory Reform (Forestry) Order 2006

Power of Forestry Commissioners to require restocking after unauthorised felling

4.—(1) Section 17A of the 1967 Act (power of Commissioners to require restocking after unauthorised felling) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Commissioners may serve a notice under this section (a “restocking notice”) on a person where—

(a) it appears to the Commissioners that he has committed an offence in England and Wales under section 17 of this Act, or

(b) he is convicted in Scotland of an offence under that section,

and (in either case) he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act.”.

(3) After subsection (1) insert—

“(1A) A restocking notice is a notice requiring the person on whom it is served—

(a) to restock or stock with trees the land or such other land as may be agreed between the Commissioners and him; and

(b) to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding ten years, specified in the notice.”.

(4) In subsection (2) after “A restocking notice” insert “which relates to land in Scotland”.