Forestry Act 1967

• Citation: 1967 c. 10
• Sections: 128

Section 1 The Forestry Commission.

(1) The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 shall continue in existence and are in this Act referred to as “ the Commissioners ”.

(1A) In this Act, “the appropriate forestry authority” means—

(a) in relation to England ..., the Commissioners;

(b) in relation to Wales, the Natural Resources Body for Wales.

(2) The appropriate forestry authority shall be charged with the general duty of promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forest products ... in England and in Wales and in that behalf shall have the powers and duties conferred or imposed on them by this Act.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The appropriate forestry authority's general duty includes that of promoting the establishment and maintenance ... in England and in Wales of adequate reserves of growing trees.

(3A) In discharging their functions under the Forestry Acts 1967 to 1979 the appropriate forestry authority shall, so far as may be consistent with the proper discharge of those functions, endeavour to achieve a reasonable balance between—

(a) the development of afforestation, the management of forests and the production and supply of timber ... , and

(b) the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest.

(3B) In subsection (3A) “functions” means—

(a) in relation to the Commissioners, functions ...;

(b) in relation to the Natural Resources Body for Wales, functions under this Act.

(4) The Commissioners shall, in exercising their functions under this Act, and also in exercising their powers under the Plant Health Act 1967 (which enables them to make orders for the control of timber pests and diseases), comply with such directions as may be given to them by

(a) the Ministers in relation to the exercise of their functions as regards England ...; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 2 Constitution, administration, etc., of Commission.

(1) The Commissioners shall consist of a chairman and not more than ten other members appointed by Her Majesty by warrant under the sign manual to be Forestry Commissioners.

(2) Of the persons for the time being appointed to be Forestry Commissioners—

(a) at least three shall be persons who have special knowledge and experience of forestry;

(b) at least one shall be a person who has scientific attainments and a technical knowledge of forestry; and

(c) at least one shall be a person who has special knowledge and experience of the timber trade.

(3) The Commissioners shall by order appoint a committee for England respectively, whose membership shall consist partly of persons who are Forestry Commissioners or officers of the Commissioners and partly of persons not exceeding three in number, who are not Forestry Commissioners or officers of the Commissioners; and the Commissioners may delegate, subject to such restrictions or conditions as they think fit, any of their functions to a committee so appointed.

(4) Part I of Schedule 1 to this Act shall have effect with respect to the Commissioners, their staff, proceedings and other related matters and to the committee appointed under subsection (3) of this section; and Part II of that Schedule shall have effect with respect to the superannuation of Forestry Commissioners and officers employed by the Commissioners.

Section 3 Management of forestry land.

(1) The appropriate forestry authority may manage, plant and otherwise use, for the purpose of the exercise of their functions under this Act, any land ... in England or Wales placed at their disposal by the Minister under this Act, and—

(a) the power of the appropriate forestry authority under this subsection to manage and use any land shall, without prejudice to the generality of that power, include power to erect buildings or execute works on the land;

(b) any timber produced on land so placed at the appropriate forestry authority's disposal shall belong to the appropriate forestry authority .

(2) The appropriate forestry authority may undertake the management or supervision, upon such terms and subject to such conditions as may be agreed upon, or give assistance or advice in relation to the planting or management, of any woods or forests belonging to any person, including woods and forests under the management of the Crown Estate Commissioners ... or under the control of a government department, or belonging to a local authority.

(3) The appropriate forestry authority may—

(a) purchase or otherwise acquire standing timber, and sell or otherwise dispose of any timber belonging to them or, subject to such terms as may be mutually agreed, to a private owner, and generally promote the supply, sale, utilization and conversion of timber;

(b) establish and carry on, or aid in the establishment and carrying on, of woodland industries.

(4) In this section the expression “ timber ” includes all forest products.

Section 3A Use of land in connection with renewable electricity projects

(1) The Commissioners may—

(a) use, or enter into arrangements in connection with the use of, English forestry land for the generation, storage, transmission or supply of renewable electricity;

(b) sell, or enter into other arrangements concerning, renewable electricity generated, stored or supplied on, or transmitted across, English forestry land;

(c) use, or enter into arrangements in connection with the use of, English forestry land for activity that—

(i) is intended to satisfy, or enable the satisfaction of, a relevant condition of development (whether existing or contemplated), or

(ii) otherwise arises in connection with such a condition.

(2) For the purposes of subsection (1)(c), a relevant condition of development is a condition of development that—

(a) relates to renewable electricity development located wholly or partly on English forestry land, and

(b) is intended to benefit the natural environment of land.

(3) The exercise of the powers in subsection (1) for either of the following purposes is to be taken to be consistent with the Commissioners’ general duty under section 1(2)—

(a) facilitating or promoting the use of renewable electricity;

(b) obtaining funds for meeting the expenses referred to in section 41(2).

(4) When the Commissioners are considering the exercise of those powers, section 1(3A) applies as if it included a further paragraph referring to those purposes.

(5) In this section—

“ condition of development ” means—

a condition to which planning permission is subject, or

a requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure);

“ English forestry land ” means land placed at the disposal of the Commissioners under this Act;

“ natural environment ”, in relation to land, includes—

its plants, animals and other living organisms,

their habitats, and

its geological features;

“ renewable electricity ” means electricity produced from sources other than—

coal,

lignite,

peat,

natural gas, within the meaning of the Energy Act 1976,

crude liquid petroleum,

petroleum products, within the meaning of the Energy Act 1976,

any substance produced directly or indirectly from a substance within paragraphs (a) to (f),

energy derived from any substance within paragraphs (a) to (g), or

nuclear fuel;

“ renewable electricity development ” means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity.

(6) References in this section to the storage of electricity are to the storage of energy converted from electricity for the purpose of its reconversion into electricity.

Section 3B Section 3A: power to require Secretary of State’s consent in certain cases

(1) The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.

(2) The cases are those where—

(a) a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and

(b) the capacity threshold is exceeded.

(3) In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.

(4) In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—

(a) the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or

(b) the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage.

(5) An extension is “ non-consented ” for the purposes of subsection (4)(b) if—

(a) it was enabled by an exercise of the Commissioners’ powers under section 3A, and

(b) that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).

(6) But an extension ceases to be “non-consented” for those purposes if—

(a) a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and

(b) that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).

(7) The relevant wattage is—

(a) 5 megawatts, if the station generates electricity from wind, and

(b) 50 megawatts, if it does not.

(8) The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).

(9) In calculating the relevant wattage there is to be disregarded—

(a) in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;

(b) in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.

(10) In this section—

“ generating station ” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));

“ storage ” is to be read in accordance with section 3A(6).

Section 3C Regulations under section 3B: further provision

(1) Regulations under section 3B(1) may—

(a) make provision about the process by which consent is to be sought and given or refused;

(b) provide for consent to be given subject to conditions.

(2) Regulations under section 3B may—

(a) make different provision for different purposes or areas;

(b) include consequential, incidental, supplementary, transitional or saving provision.

(3) Regulations under section 3B are to be made by statutory instrument.

(4) A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 5 Forestry dedication covenants ....

(1) The provisions of this section shall have effect with a view to allowing land to be devoted to forestry by means of agreements entered into with the appropriate forestry authority , being agreements to the effect that the land shall not, except with the previous consent in writing of the appropriate forestry authority or, in the case of dispute, under direction of the minister as regards England or Wales ... , be used otherwise than for the growing of timber or other forest products in accordance with the rules or practice of good forestry or for purposes connected therewith; and in this Act—

(a) “ forestry dedication covenant ” means a covenant to the said effect entered into with the appropriate forestry authority in respect of land in England or Wales without an intention being expressed contrary to the application of section 79 of the Law of Property Act 1925 (under which covenants relating to land are, unless the contrary is expressed, deemed to be made on behalf of the covenantor, his successors in title and persons deriving title under him or them); . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where land in England or Wales is subject to a forestry dedication covenant,—

(a) the appropriate forestry authority shall, as respects the enforcement of the covenant against persons other than the covenantor, have the like rights as if they had at all material times been the absolute owners in possession of ascertained land adjacent to the land subject to the covenant and capable of being benefited by the covenant, and the covenant had been expressed to be for the benefit of that adjacent land; and

(b) section 84 of the Law of Property Act 1925 (which enables the Upper Tribunal to discharge or modify restrictive covenants) shall not apply to the covenant.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 2 to this Act shall have effect to empower limited owners, trustees and others to enter into forestry dedication covenants or agreements and to provide for matters arising on their doing so.

Section 6 Requirements for haulage facilities.

(1) The provisions of this section shall have effect where the appropriate forestry authority are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway or waterway.

(2) Subject to the following subsections, the appropriate forestry authority may, where they are of the said opinion, make an order that the owner and occupier of any land shall afford the necessary facilities, subject to payment by the person in whose favour the order is made of reasonable rent or wayleave and of compensation for any damage caused by the haulage, and the owner or occupier shall thereupon comply with the order.

(3) The appropriate forestry authority shall not make an order under this section until the person proposed to be required to give the said facilities has had an opportunity of being heard.

(4) a person aggrieved by an order under this section may–

(a) where the order is made in respect of land in England or Wales , appeal therefrom to the Minister in such manner and upon such conditions, if any, as may be prescribed by the Minister, who may thereupon revoke or vary the order; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The amount of rent or wayleave and compensation for damage which is payable in consequence of an order made under this section shall, in default of agreement, be assessed ...—

(a) in a case relating to England or Wales , by a single arbitrator appointed by the President of the Royal Institution of Chartered Surveyors; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7 Prevention of damage by rabbits, hares and vermin.

(1) The provision of this section shall have effect where the appropriate forestry authority are satisfied that trees or tree plants are being, or are likely to be, damaged by rabbits, hares or vermin owing to the failure of an occupier of land to destroy sufficiently the rabbits, hares or vermin on land in his occupation, or otherwise to take steps for the prevention of damage by them.

(2) The appropriate forestry authority may, where they are so satisfied, authorise in writing any competent person to enter on the land and kill and take the rabbits, hares or vermin thereon; but before doing so they shall first give to the occupier and owner of the land such opportunity as the appropriate forestry authority think reasonable of destroying the rabbits, hares or vermin, or of taking steps for the prevention of the damage.

(3) The appropriate forestry authority may recover from the occupier of the land the net cost incurred by them in connection with action taken by them under the foregoing subsection.

A sum recoverable under this subsection shall, in England or Wales, be recoverable summarily as a civil debt.

(4) Anyone who obstructs a person authorised by the appropriate forestry authority in the due exercise of his powers or duties under subsection (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale ; but the person authorised shall, if so required, produce his authority.

(5) For purposes of this section—

(a) the person entitled to kill rabbits, hares or vermin on any common land shall be deemed to be the occupier of the land; and

(b) the expression “ vermin ” includes squirrels.

Section 7A Incidental powers of Commissioners

(1) For the purpose of the exercise of their functions under this Act so far as relating to ... land in England ..., or for the purpose of the exercise of their functions under section 8(1)(b) of this Act, the Commissioners may—

(a) form, or participate in the forming of, a body corporate;

(b) invest in a body corporate;

(c) provide loans;

(d) establish a charitable trust; or

(e) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.

(2) The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.

Section 7B Delegation of functions of Commissioners: Scotland

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Section 7C Delegation of functions under section 7B: community bodies

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Section 7AA Renewable energy installations

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Section 8 Miscellaneous powers of Commissioners.

(1) The Commissioners may—

(a) undertake the collection, preparation, publication and distribution of statistics relating to forestry, and promote and develop instruction and training in forestry by establishing or aiding schools or other educational institutions or in such other manner as they think fit;

(b) make, or aid in making, such inquiries, experiments and research, and collect, or aid in collecting, such information as they may think important for the purpose of promoting forestry and the teaching of forestry, and publish or otherwise take steps to make known the results of the inquiries, experiments or research and disseminate the information;

(c) make, or aid in making, such inquiries as they think necessary for the purpose of securing an adequate supply of timber and other forest products ... in England and in Wales .

(2) The Commissioners may exploit any intellectual property or intangible assets arising from the carrying out of any activity referred to in subsection (1)(b).

(3) ”Intellectual property” for the purpose of subsection (2) includes any patent, trademark, copyright, design right, registered design or plant breeder’s right.

Section 8A General duty of Ministers.

In performing their functions under this Act the Ministers shall have regard to the national interest in maintaining and expanding the forestry resources of England or (as the case may be) Wales ... .

Section 9 Requirement of licence for felling.

(1) A felling licence granted by the appropriate forestry authority shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

(2) Subsection (1) above does not apply—

(a) to the felling of trees with a diameter not exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter not exceeding 15 centimetres ; or

(b) to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

(c) to the topping or lopping of trees or the trimming or laying of hedges.

(3) Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—

(a) where the trees have a diameter not exceeding 10 centimetres and the felling is carried out in order to improve the growth of other trees; or

(b) where the following conditions are satisfied, that is to say—

(i) the aggregate cubic content of the trees which are felled in the relevant territory by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed 5 cubic metres in any quarter; and

(ii) the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed 2 cubic metres in any quarter, or such larger quantity as the appropriate forestry authority may in a particular case allow.

(4) Subsection (1) above does not apply to any felling which—

(a) is for the prevention of danger or the prevention or abatement of a nuisance;

(b) is in compliance with any obligation imposed by or under an Act of Parliament, including this Act;

(c) is carried out by, or at the request of, an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;

(d) is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning Act 1990 or the enactments replaced by that Act ... .

(5) Regulations made by the appropriate legislative authority under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—

(a) they may provide for additional exceptions from the application of subsection (1) above and may in particular substitute—

(i) in subsection (2)(a), for the reference to 8 centimetres a reference to a larger diameter;

(ii) in subsection (3)(a), for the reference to 10 centimetres a reference to a larger diameter;

(iii) in subsection (3)(b) for the reference to 30 cubic metres or the reference to 5·5 cubic metres in either case a reference to a larger quantity;

(b) they may substitute in subsection (2)(a) for the reference to 15 centimetres a reference to a smaller diameter; and

(c) they may restrict or suspend the exception in subsection (3)(b) and may in particular substitute, for the reference in sub-paragraph (i) to 30 cubic metres , or for the reference in sub-paragraph (ii) to 5·5 cubic metres , in either case a reference to a smaller quantity;

and the said subsections shall have effect with any modification made by regulations under this subsection.

(6) In this section—

“ electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable;

“ electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989;

“ public open space ” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the Law of Property Act 1925 or of Part V of the National Parks and Access to the Countryside Act 1949 or Part I of the Countryside and Rights of Way Act 2000 or of Part II or section 48 of the Countryside (Scotland) Act 1967 ) for the purpose of public recreation, or land being a disused burial ground;

“ quarter ” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;

“relevant territory” means—

England ... where the felling is carried out in England ...;

Wales where the felling is carried out in Wales;

and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point 1·3 metres above the ground level; . . .

Section 10 Application for felling licence and decision of Commissioners thereon.

(1) An application for a felling licence may be made to the appropriate forestry authority in the prescribed manner by a person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees.

(2) Subject to the provisions of this Act (and, in particular, to their duty to take advice under section 37(3), the appropriate forestry authority may on any such application grant the licence, or grant it subject to conditions, or refuse it, but shall grant it unconditionally except in a case where it appears to them to be expedient to do otherwise—

(a) in the interests of good forestry or agriculture or of the amenities of the district; ...

(b) for the purpose of complying with their duty of promoting the establishment and maintenance ... of adequate reserves of growing trees ; or

(c) in relation to land in Wales, after consultation with the applicant for the licence, for the purpose of—

(i) conserving or enhancing natural beauty;

(ii) conserving flora, fauna, geological or physiographical features, or natural habitats.

(3) A felling licence shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified therein.

(3A) The‍ Natural Resources Body for Wales, and the person responsible, may agree to amend the licence at any time (but see section 10A, which imposes further requirements in relation to amendments in respect of trees to which a tree preservation order relates).

(3B) For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

(a) the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in subsection (1), or

(b) if the applicant no longer has such estate or interest, a person who has such estate or interest.

(4) If in the case of any trees the appropriate forestry authority refuse an application for a felling licence, the consequences shall be as follows:—

(a) except in a case to which section 14(4) below applies, any person who is for the time being the owner of the trees shall be entitled to compensation under and in accordance with the next following section; and

(b) if the land on which the trees are growing is, or in the opinion of the appropriate forestry authority will be, managed in a manner approved by them, the appropriate forestry authority may (subject to section 14(5) below), if they think fit and subject to the approval of the treasury as regards land in England or Wales ... , make to persons interested in the land advances by way of loan of such amounts, upon such terms and subject to such conditions, as they may determine.

(5) At any time after a felling licence has been refused by them in the case of any trees, the appropriate forestry authority may, if they think fit, give notice to the owner of the trees that they are prepared to grant a felling licence for the trees either unconditionally or subject to conditions described in the notice; and if the appropriate forestry authority give such a notice and an application is duly made to them for a felling licence, they shall grant a licence in accordance with the notice, subject to sections 13(2) and 15 below.

(6) When the appropriate forestry authority refuse to grant a felling licence, they shall give notice in writing to the applicant of the grounds for the refusal.

(7) Where application is made for a felling licence for trees on land which is subject to a forestry dedication covenant ..., and the licence is refused, no breach of the covenant ... shall be deemed to have occurred by reason of anything done or omitted in consequence of the refusal.

Section 10A Amendments made under section 10(3A) that affect tree preservation orders

(1) The provisions of this section apply if—

(a) an amendment to a licence under section 10(3A) is proposed in respect of any trees to which a tree preservation order relates, and

(b) the Natural Resources Body for Wales does not consider that the amendment is necessary to respond to an imminent and serious risk of harm to—

(i) natural beauty, or

(ii) flora, fauna, geological or physiographical features, or natural habitats.

(2) Before amending the licence, the Natural Resources Body for Wales must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(3) If, within the prescribed period, the authority by whom the tree preservation order was made objects to the amendment in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(4) If a matter is referred to the Welsh Ministers under subsection (3), the Welsh Ministers may decide to—

(a) grant consent to the amendment, or

(b) refuse to grant consent (in which case the amendment cannot be made).

(5) Where the Natural Resources Body for Wales has given notice in writing under subsection (1) to an authority in respect of a proposed amendment, the proposed amendment cannot be made until—

(a) the period prescribed under subsection (3) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b) if the Natural Resources Body for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(6) Before deciding whether to grant or refuse consent under subsection (4), the Welsh Ministers must consult—

(a) the person responsible (see section 10(3B));

(b) the Natural Resources Body for Wales;

(c) the authority by whom the tree preservation order was made.

Section 11 Terms of compensation on refusal of licence.

(1) The compensation to which a person may become entitled under section 10(4)(a) above is for any depreciation in the value fo the trees which is attributable to deterioration in the quality of the timber comprised therein in consequence of the refusal of a felling licence for them.

(2) Compensation under this section shall be recoverable from the appropriate forestry authority on a claim made in the prescribed manner.

(3) Claims for compensation in the case of any trees may be made from time to time in respect of deterioration taking place after the refusal of a felling licence for those trees, but—

(a) no such claim shall be made in respect of deterioration taking place more than ten years before the date of the claim; and

(b) if the trees have been felled, no such claim shall be made after the expiration of one year from the date of the felling.

(4) In calculating compensation,—

(a) no account shall be taken of deterioration in the quality of the timber which is attributable to neglect of the trees after the refusal of a felling licence for them; and

(b) the value of the trees at any time shall be ascertained on the basis of prices current at the date of the claim.

(5) If after refusing a felling licence the appropriate forestry authority under section 10(5) above subsequently give notice to the owner of the trees that they are prepared to grant a licence, then in calculating compensation payable in consequence of the previous refusal no account shall be taken of deterioration occurring after the giving of the notice.

(6) Any question of disputed compensation shall be determined in accordance with section 31 of this Act.

Section 12 Conditional licences.

(1) The conditions which may under section 10(2) (a) or (b) above be attached to a felling licence are such as the appropriate forestry authority , after consultation with the applicant for the licence, determine to be expedient for securing—

(a) the restocking or stocking with trees of the land on which the felling is to take place, or of such other land as may be agreed between the appropriate forestry authority and the applicant; and

(b) the maintenance of those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years.

(2) No conditions shall be imposed on the grant of a felling licence where it is for trees on land subject to a forestry dedication covenant ... and the felling is in accordance with a plan of operations or other working plan approved by the appropriate forestry authority and in force under the covenant ... .

Section 13 Deferred decision on application.

(1) Where a person applies for a felling licence and the appropriate forestry authority do not within three months after receiving the application, or within such further time as may be agreed with the applicant, give notice to him of their decision on the application (including any reference of the application under section 15 of this Act) the provisions of this Part of this Act shall apply in relation to the application as if it had been refused.

(2) If on an application for a felling licence—

(a) the appropriate forestry authority determine to grant the licence subject to conditions; and

(b) it appears to them that the applicant is not entitled to an interest in land which would enable him to comply with those conditions;

they may give notice in writing to that effect to the applicant and postpone consideration of the application until the person entitled to such an interest is joined as a party thereto.

Where a notice under this subsection is given, subsection (1) above shall apply as if, instead of referring to a period of three months after the appropriate forestry authority receive the application, it referred to a period of three months after the date on which the person entitled to such interest in the land as is mentioned in the notice is joined as a party to the application.

Section 14 Tree-felling in accordance with approved working plan etc.

(1) The following provisions shall apply where application is made to the appropriate forestry authority for a felling licence and relates to the felling of trees in accordance with a plan of operations or other working plan approved by the appropriate forestry authority under a forestry dedication covenant ..., or otherwise approved by them in writing for the purposes of this section.

(2) The appropriate forestry authority shall not refuse the licence unless the Minister as regards the felling of trees in England or Wales certifies ... that, by reason of an act of God or other emergency which has taken place or arisen since the approval of the plan, the granting of a felling licence in respect of those trees, or in respect of trees of any class which comprises those trees, would be detrimental to the national interest.

(3) If the appropriate forestry authority refuse the licence, the applicant may by notice given to the appropriate forestry authority in the prescribed manner and within the prescribed time require them to buy the trees or such of them as may be specified in the notice.

(4) If a notice is served under the foregoing subsection,—

(a) no compensation shall be payable under section 11 in respect of any trees to which the notice relates; and

(b) the appropriate forestry authority shall be deemed to have contracted with the applicant to buy the trees on the date of the service of the notice at such prices as may in default of agreement be determined in accordance with section 31 of this Act, and shall fell and remove the trees at such time or times as they may determine.

(5) Where such a notice is served, and the land on which the trees are growing is subject to a forestry dedication covenant ..., the power of the appropriate forestry authority s under section 10(4)(b) above to make an advance by way of loan shall not be exercisable in respect of the trees, but this subsection shall not prejudice their power to make an advance in respect of any other trees on the land.

Section 15 Trees subject to preservation order under Planning Acts.

(1) If an application is made to the appropriate forestry authority for a felling licence in respect of trees to which a tree preservation order relates, and relevant consent is required for the felling of those trees, then—

(a) the appropriate forestry authority , if they propose to grant the licence, shall give notice in writing to the authority by whom the order was made; and

(b) the appropriate forestry authority may in any case refer the application to the said authority.

(1A) In subsection (1) “ relevant consent ” means—

(a) in the case of trees in England or Wales , consent under tree preservation regulations.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the appropriate forestry authority give the notice required by subsection (1)(a) above and the authority within the prescribed period after receipt of the notice object to the appropriate forestry authority's proposal to grant a felling licence and do not withdraw their objection, then—

(a) the appropriate forestry authority shall not deal with the application, but shall refer it to the Minister, and the application shall then be dealt with under the Town and Country Planning Acts; and

(b) if in pursuance of the application the Minister consents to the felling, section 9(1) of this Act shall not apply so as to require a felling licence for the felling of any trees in accordance with the consent.

(3) Where the appropriate forestry authority refer an application under subsection (1)(b) above,—

(a) the application shall be dealt with under the Town and Country Planning Acts; and

(b) so long as the tree preservation order applying to the trees remains in force, section 9(1) shall not apply so as to require a felling licence for the felling of any trees to which the application relates.

(4) Where in the case of any trees—

(a) the appropriate forestry authority under this section refer an application for a felling licence to the Minister or an authority who have made a tree preservation order relating to the trees; and

(b) a felling licence in respect of the trees has been previously refused by the appropriate forestry authority ,

no account shall be taken, in calculating any compensation payable under section 11 of this Act in consequence of the previous refusal, of deterioration occurring after the date of the reference.

This subsection shall be without prejudice to section 11(5) of this Act, in a case to which that subsection applies.

(5) Except as provided by the foregoing provisions of this section, no relevant application shall be entertained in respect of the felling of trees in the case of which section 9(1) of this Act applies so as to require a felling licence.

(5A) In subsection (5) “ relevant application ” means—

(a) in the case of trees in England or Wales , an application under tree preservation regulations for consent under the regulations.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, in the case of trees to which a tree preservation order relates, a felling licence is granted by the appropriate forestry authority after the date on which the order comes into force, the licence shall, notwithstanding anything in that order, be sufficient authority for the felling of any trees to which the order relates.

(7) Schedule 3 to this Act shall have effect for explaining the procedure applicable where this section requires an application to be dealt with under the Town and Country Planning Acts.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16 Review of refusal or conditions of licence.

(1) The following provisions shall have effect for enabling the decision of the appropriate forestry authority on an application for a felling licence to be reviewed where they refuse to grant a felling licence or grant it subject to conditions.

(2) A person aggrieved by the refusal or conditions may by a notice served within the prescribed time and in the prescribed manner request the Minister where the application was to fell trees in England or Wales ... to refer the matter to a committee appointed in accordance with section 27 below and—

(a) the Minister ... shall, unless he is ... of opinion that the grounds for the request are frivolous, refer the matter accordingly;

(b) the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister ... .

(3) The Minister ... shall, after considering the committee’s report, confirm the decision of the appropriate forestry authority on the application, or reverse or modify that decision and direct the appropriate forestry authority to give effect to the reversal or modification.

(4) No request may be made under this section in respect of a refusal to grant a felling licence unless a previous application for a licence in respect of the trees has been refused and the application to which the request relates is made after the following date, that is to say—

(a) where a reference under this section has been made in respect of a previous application, the third anniversary of the last such application in respect of which such a reference has been made; and

(b) in any other case, the third anniversary of the first previous application.

Section 17 Penalty for felling without licence.

(1) Anyone who fells a tree without the authority of a felling licence, the case being one in which section 9(1) of this Act applies so as to require such a licence, shall be guilty of an offence and

(a) in relation to an offence committed in Wales, liable on summary conviction to a fine ... , or

(b) in relation to an offence committed in England, liable on summary conviction to a fine.

(2) Proceedings for an offence under this section may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

Section 17A Power of Commissioners to require restocking notice after unauthorised felling.

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

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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 appropriate forestry authority 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.

(1B) A restocking notice served by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to the provisions of this Act, in considering whether to issue a restocking notice the Commissioners shall—

(a) have regard to the interests of good forestry and agriculture and of the amenities of the district;

(b) have regard to their duty of promoting the establishment and maintenance . . . of adequate reserves of growing trees; and

(c) take into account any advice tendered by the regional advisory committee for the conservancy comprising the land to which the restocking notice would relate.

(4) This section shall not apply in relation to trees to which a tree preservation order relates or in relation to trees the felling of which took place before the date of coming into force of the Forestry Act 1986.

Section 17B Appeal against restocking notice.

(1) A person on whom a restocking notice has been served who objects to the notice or to any condition contained therein may by notice served within the prescribed time and in the prescribed manner request the Minister where the restocking notice relates to land in England or Wales ... to refer the matter to a committee appointed in accordance with section 27 of this Act; and—

(a) the Minister ... shall, unless he is ... of the opinion that the grounds of the request are frivolous, refer the matter accordingly; and

(b) the committee, after compliance with subsection (3) of that section, shall thereupon make a report to the Minister ....

(2) The Minister ... may, after considering the committee’s report, direct the appropriate forestry authority to withdraw the notice or to notify the objector that it shall have effect subject to such modification as the Minister ... shall direct.

Section 17C Enforcement of restocking notice.

The provisions of sections 24 (notice to require compliance with conditions or directions), 24A (further notice under section 24 for next estate or interest holders), 25 (appeal against notice under section 24) and 26(1), (3) and (4) (expenses) of this Act shall apply in relation to a restocking notice as they apply in relation to a felling licence; and for the purposes of such application—

(a) references in those sections to a felling licence shall be construed as references to a restocking notice; and

(b) the references in section 24(2A)(a)(i) and 26(3) to the applicant for the licence shall be construed as a reference to the perosn on whom the restocking notice has been served.

Section 18 Felling directions.

(1) Subject to the provisions of this Act (and, in particular, to the duty of the appropriate forestry authority to take advice under section 37(3), if it appears to the appropriate forestry authority that it is expedient in the interests of good forestry, or for purposes connected with their duty of promoting the establishment and maintenance . . . of adequate reserves of growing trees, that any growing trees should be felled—

(a) in order to prevent deterioration or further deterioration in the quality of the timber comprised therein; or

(b) in order to improve the growth of other trees,

they may give directions (in this Act referred to as “ felling directions ”) to the owner of the trees requiring him to fell them within such period, being not less than two years after the directions have become operative, as may be specified in the directions.

(2) In considering whether to give felling directions, the appropriate forestry authority shall have regard to the interests of agriculture and the amenity or convenience of any farm or dwelling-house or park usually occupied with a dwelling-house, or of any land held inalienably by the National Trust or the National Trust for Scotland.

(3) Felling directions given by the appropriate forestry authority shall contain a statement of the grounds upon which they are given.

(4) A person who is given felling directions by the appropriate forestry authority may comply with the directions notwithstanding any lease, covenant or contract relating to the trees or land affected by the directions.

(5) In the case of trees to which a tree preservation order relates, felling directions given by the appropriate forestry authority after the date on which the order comes into force shall be sufficient authority for the felling, notwithstanding anything in—

(a) tree preservation regulations, in the case of trees in England or Wales.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 19 Restrictions on appropriate forestry authority's power under s. 18.

(1) Felling directions shall not be given in the case of—

(a) fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space (as defined in section 9(6) above);

(b) trees on land which is subject to a forestry dedication covenant ...; or

(c) trees which are being managed to the satisfaction of the appropriate forestry authority in accordance with a plan of operations or other working plan approved by them as mentioned in section 14(1) above, but otherwise than under a forestry dedication covenant ... .

(2) If an application for a felling licence is made to the appropriate forestry authority in the case of trees to which a tree preservation order relates and the appropriate forestry authority refer the application under section 15 above to the authority who made the order, then so long as the order remains in force no felling directions shall be given in respect of the trees.

(3) If the appropriate forestry authority propose to give felling directions in respect of trees to which a tree preservation order relates, they shall give notice in writing of the proposal to the authority by whom the order was made; and if within the prescribed period after the receipt of the notice the authority object to the proposal and do not withdraw the objection, the appropriate forestry authority shall not give the directions except with the consent of the Minister where the felling direction was given in respect of trees in England or Wales ... , who shall consult with the said authority before deciding whether to grant or refuse his consent.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 20 Review of felling directions.

(1) If a person to whom felling directions are given in respect of any trees is aggrieved by the directions on the ground that the felling is not expedient as mentioned in section 18(1), he may by notice served within the prescribed time and in the prescribed manner request the Minister where the felling direction was given in respect of trees in England or Wales ... to refer the matter to a committee appointed in accordance with section 27 below and the Minister ... shall, unless he is ... of opinion that the grounds for the request are frivolous, refer the matter accordingly.

(2) The committee to whom a matter is referred under this section, after complying with section 27(3), shall thereupon make a report on the reference to the person by whom the notice was served and to the appropriate forestry authority , and the appropriate forestry authority shall confirm, withdraw or modify the directions in accordance with the report.

Section 21 Courses open to person adversely affected by felling directions.

(1) The provisions of this section shall have effect where a person to whom felling directions are given claims that compliance with the directions would involve him in a net loss after taking into account any benefit arising therefrom in respect of other trees of which he is the owner.

(2) The person may by notice given to the Minister where the felling direction was given in respect of trees in England or Wales ... in the prescribed manner and within the prescribed period—

(a) if he has the right to sell the trees for immediate felling, require the appropriate forestry authority to buy the trees to which the directions relate; or

(b) in any case, require the Minister ... to acquire his interest in the land affected by the directions.

A notice under this section requiring the Minister ... to acquire an interest in land shall be deemed to include an offer by the person entitled to that interest to convey to the Minister ... such easement or servitude or other right for the benefit of the land over adjoining land in which that person has an interest as may be agreed between that person and the Minister ... or as may, in default of agreement, be determined in accordance with section 31 of this Act.

(3) The Minister ... may within the prescribed period after receiving the notice either—

(a) accept the notice; or

(b) refer it to a committee appointed in accordance with section 27 below; or

(c) revoke the directions to which it relates.

(4) The committee to whom a matter is referred under this section, after complying with section 27(3), shall thereupon make a report to the Minister ... and to the person by whom the notice under this section was given and shall state—

(a) whether in the opinion of the committee compliance with the felling directions would involve that person in such a loss as aforesaid; and

(b) if so, what modifications (if any) of the directions would be sufficient to avoid that loss.

(5) Where the committee report that compliance with the directions would not involve the person in such loss as aforesaid, the notice shall be of no effect; but in any other case the Minister ... may, within the prescribed period after receiving the report, either—

(a) accept the notice; or

(b) revoke the directions; or

(c) modify the directions in accordance with the report, according as he thinks ... fit.

(6) If within the prescribed period after receiving a notice or the report of a committee under this section the Minister ... has not taken any such action as is authorised by subsection (3) or subsection (5) above, as the case may be, the directions to which the notice relates shall cease to have effect at the expiration of that period.

(7) In determining for the purposes of this section whether compliance with felling directions would involve a person in a net loss, regard shall be had to any compensation received by that person under ... ... tree preservation regulations, in respect of a refusal of consent for the felling of the tree.

Section 22 Consequences of acceptance by Minister of notice under s. 21

(1) The following shall be the consequences where a notice given by a person under section 21 is accepted by the Minister ... .

(2) The felling directions in respect of which the notice was given shall cease to have effect.

(3) If the notice requires the appropriate forestry authority to buy the trees to which the directions relate, the appropriate forestry authority shall be deemed to have contracted with that person to buy the trees on the date of acceptance of the notice at such price and on such terms (including terms as to the time within which the appropriate forestry authority may fell and remove the trees) as may in default of agreement be determined in accordance with section 31 of this Act.

(4) If the notice requires the Minister ... to acquire the person’s interest in the land affected by the directions,—

(a) the Minister ... shall be deemed to be authorised to acquire that interest compulsorily under section 39 of this Act and to have served a notice to treat in respect thereof on the date of the acceptance of the notice;

(b) the interest shall for that purpose include any such easement or servitude or other right as, by virtue of section 21(2), the person is deemed to have offered in his notice to convey.

(5) The power conferred by section 31(1) of the Land Compensation Act 1961 ... to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of this section.

Section 23 Proceedings in respect of felling directions.

(1) A request under section 20 of this Act, and a notice under section 21 of this Act, may be made and given in respect of the same directions; and regulations made by the appropriate legislative authority under this Part of this Act may make provision for securing—

(a) that in any such case proceedings under those sections respectively on the request and on the notice are taken concurrently;

(b) that proceedings on any such request or notice in respect of any felling directions may be postponed until the expiration of the period within which a notice or a request, as the case may be, might be given or made in respect of those directions.

(2) Felling directions shall be inoperative until the expiration of the period during which such a request or notice as aforesaid may be made or given in respect of the directions and, where a request is made or a notice is given, until the conclusions of any proceedings under section 20 or 21 pursuant to the notice or request.

Section 24 Notice to require compliance with conditions or directions.

(1) The provisions of this section shall apply if—

(a) any works required to be carried out in accordance with conditions of a felling licence are not so carried out; or

(b) any felling directions given by the appropriate forestry authority are not complied with.

(2) The appropriate forestry authority may give to the person responsible a notice requiring such steps as may be specified therein to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default; and for purposes of this subsection, “ the person responsible ” is—

(a) in the case of non-compliance with conditions of a felling licence, the person specified in subsection (2A) ; and

(b) in the case of non-compliance with felling directions, the owner of the trees.

(2A) The person referred to in subsection (2)(a) is—

(a) where the licence relates to land in England or Wales —

(i) the applicant for the licence, if on the date the notice is served he has such estate or interest in the land as is referred to in section 10(1) of this Act; or

(ii) in any other case, the owner of the land.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If after the expiration of the time specified in the notice any steps required by the notice have not been taken, the appropriate forestry authority may, subject to the following section, enter on the land and take those steps.

(4) Without prejudice to the powers of the appropriate forestry authority under the foregoing subsection, a person who without reasonable excuse fails to take any steps required by a notice given to him under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 5 on the standard scale ; and proceedings in respect of such an offence may be instituted within six months of the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

(5) A person who is required by a notice under this section to carry out works or take any steps may carry out those works or take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(6) A notice under this section given by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

Section 24A Further notice under section 24 for next estate or interest holders

(1) Subsection (2) applies where—

(a) a notice has been given to a person under section 24 to require compliance with the conditions of a felling licence in relation to land in England,

(b) steps required by the notice have not been taken, and

(c) before the time specified in the notice has expired, the person ceases to have the estate or interest in the land by reference to which the notice was served.

(2) The Commissioners may give to the next estate or interest holder a further notice under section 24 requiring the steps that were not completed under the notice described in subsection (1) to be completed.

(3) In subsection (2) the “ next estate or interest holder ” means the person who has an estate or interest in the land as is referred to in section 10(1) immediately after the person referred to in subsection (1) ceased to have the estate or interest referred to in subsection (1)(c).

(4) The reference in subsection (1) to a notice under section 24 includes a notice given under subsection (2).

Section 24B Restocking orders after conviction under section 24 in England

(1) This section applies where a person has been convicted of an offence under section 24(4) in England in relation to a failure to take steps required by a notice given under section 24 to remedy a default in the case of non-compliance with—

(a) the conditions of a felling licence that relate to the restocking or stocking of land with trees, or

(b) the requirements of a restocking notice.

(2) The court may make a restocking order.

(3) A restocking order is an order that requires the person to take such steps as may be specified therein to be taken within such time as may be so specified—

(a) to restock or stock with trees the land in respect of which the notice under section 24 was given, or such other land as the court considers appropriate, 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 order.

(4) In deciding whether to make a restocking order the court must have regard to—

(a) the interests of good forestry and agriculture and of the amenities of the district to which the restocking order would relate, and

(b) the desirability of promoting the establishment and maintenance of adequate reserves of growing trees in England.

(5) Section 63(3) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to deal with person for breach of order etc) applies in relation to a restocking order.

Section 24C Variation of conditions or suspension or revocation of licence following breach of condition: Wales

(1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that any condition of the licence—

(a) has not been complied with, or

(b) is not being complied with.

(2) But this section does not apply if the condition is one that requires works to be carried out (as to which see section 24).

(3) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a) a suspension of the felling licence, either in full or in part;

(b) a variation or removal of a condition of the felling licence or an imposition of a new condition;

(c) where the circumstances referred to in subsection (4) apply, a revocation of the felling licence.

(4) The circumstances are that the condition that has not been complied with, or is not being complied with, was imposed for the purpose mentioned in section 10(2)(c).

(5) A notice given under subsection (3) may also make provision—

(a) requiring the person‍ to whom the notice was given to take such steps as may be specified in the notice, and

(b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be‍ taken.

(6) A notice given under subsection (3) must—

(a) set out the reasons for giving the notice;

(b) specify the condition that has not been or is not being complied with;

(c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d) if the notice varies conditions or revokes the felling licence, specify the date upon which the variation or revocation takes effect;

(e) if the notice suspends the felling licence in part, specify the felling that may continue.

(7) Where a notice given under subsection (3) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a) the expiry of the period specified in the notice‍ in accordance with subsection (6)(c), and

(b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(8) The Natural Resources Body for Wales may give a further notice under subsection (7)(b) if it considers that the suspension should be lifted sooner than the‍ end of the period specified in the notice given under subsection‍ (3).

(9) If—

(a) a notice given under subsection (3) requires a person to take steps in accordance with subsection (5)(a), and

(b) those steps have not been‍ taken before the end of the period specified in that notice in accordance with subsection (5)(b),

the Natural Resources Body for Wales may enter on the land and take those steps.

(10) A person who, without reasonable excuse, fails to take any steps required by a notice given under subsection (3) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (9)).

(11) Proceedings in respect of an offence under subsection (10)—

(a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b) may not be commenced more than two years after the date of the offence.

(12) A person who is required by a notice under subsection (3) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(13) For the purposes of this sectio‍n, “the person responsible” is—

(a) the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

(b) in any other case,‍ a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

Section 24D Notice to subsequent estate or interest holder requiring steps to be taken

(1) Subsection (2) applies where—

(a) a notice has been given to a person under section 24C(3) requiring the person to take steps,

(b) steps required by the notice have not been taken, and

(c) before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given.

(2) The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice—

(a) requiring the steps that were not taken under the notice described in subsection (1) to be taken, and

(b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken.

(3) A notice given under subsection (2) must set out the reasons for giving the notice.

(4) If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps.

(5) A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)).

(6) Proceedings in respect of an offence under subsection (5)—

(a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b) may not be commenced more than two years after the date of the offence.

(7) A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(8) The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

Section 24E Suspension, amendment or revocation of tree felling licence where no breach of condition: Wales

(1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that felling in accordance with the licence is causing, or is likely to cause, significant harm to—

(a) natural beauty, or

(b) flora, fauna, geological or physiographical features, or natural habitats.

(2) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a) a suspension of the felling licence, either in full or in part;

(b) an amendment of the felling licence;

(c) if the Natural Resources Body for Wales considers that amending the felling licence would not prevent the harm that is being caused or is likely to be caused, a revocation of the felling licence.

(3) A notice given under subsection (2) must—

(a) set out the reasons for giving the notice;

(b) specify the harm that felling in accordance with the licence is causing or is likely to cause;

(c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d) if the notice amends or revokes the felling licence, specify the date upon which the amendment or revocation takes effect;

(e) if the notice suspends the felling licence in part, specify the felling that may continue.

(4) Where a notice given under subsection (2) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a) the expiry of the period specified in the notice‍ in accordance with subsection (3)(c), and

(b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(5) The Natural Resources Body for Wales must give a further notice specifying a date under subsection (4)(b) (to bring the suspension to an end) if it considers that felling in accordance with the felling licence (as it would have effect after that date) would neither cause nor be likely to cause the harm specified in the notice that suspended the licence.

(6) For the purposes of this section, “the person responsible” is—

(a) the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

(b) in any other case, a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

Section 24F Notices under section 24C(3) or 24E(2) that affect tree preservation orders

(1) The provisions of this section apply if—

(a) the Natural Resources Body for Wales proposes to give a notice under section 24C(3) or 24E(2) in respect of any trees to which a tree preservation order relates, and

(b) the proposed notice does not meet the emergency criteria.

(2) The emergency criteria are met if the proposed notice makes no provision other than—

(a) provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i) natural beauty, or

(ii) flora, fauna, geological or physiographical features, or natural habitats, or

(b) provision that suspends a felling licence.

(3) Before the Natural Resources Body for Wales gives the proposed notice it must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(4) If, within the prescribed period, the authority by whom the tree preservation order was made objects to the notice in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(5) If a matter is referred to the Welsh Ministers under subsection (4), the Welsh Ministers may decide to—

(a) grant consent to the giving of the notice, or

(b) refuse to grant consent (in which case the notice cannot be given).

(6) Where the Natural Resources Body for Wales has given notice in writing under subsection (3) to an authority in respect of a proposed notice, the proposed notice cannot be given until—

(a) the period prescribed under subsection (4) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b) if the Natural Resources for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(7) Before deciding whether to grant or refuse consent under subsection (5), the Welsh Ministers must consult—

(a) the Natural Resources Body for Wales;

(b) the authority by whom the tree preservation order was made;

(c) the applicant for the licence if the applicant has such estate or interest in the land as is referred to in section 10(1) or, in any other case, a person who has such estate or interest in the land.

Section 25 Appeal against notice under s. 24.

(1) If a person to whom a notice under section 24 is given claims—

(a) that the works in question have been carried out in accordance with the conditions of the felling licence or, in the case of felling directions, that they have been complied with; or

(b) that the steps required by the notice to be taken are not required by the conditions or directions,

he may by a notice served on the Minister where the notice is given in respect of land or trees in England or Wales , ... in the prescribed manner and within the prescribed period after the receipt of the notice under section 24, request the Minister ... to refer the matter to a committee appointed in accordance with section 27 below.

(2) A notice under section 24 shall be inoperative until the expiration of the prescribed period for the purposes of subsection (1) above and, where a request to the Minister ... under that subsection is made, until the conclusion of any proceedings under this section in pursuance of the request.

(3) Where such a request is made by a person receiving a notice under section 24, the Minister ... shall, unless he is of opinion that the grounds for the request are frivolous, refer the matter accordingly to a committee so appointed.

(4) The committee to whom a matter is referred under this section, after complying with section 27(3), shall make a report on the reference to the Minister and who shall, after considering the report, confirm or cancel the notice to which the reference relates.

Section 26 Expenses etc. in connection with notices under s. 24 , s. 24C(3) or s. 24D(2) .

(1) If the appropriate forestry authority , in the exercise of their powers under section 24 , section 24C(9) or section 24D(4) , enter on land and take any steps required by a notice under either of those sections , they may recover from the person to whom the notice was given any expenses reasonably incurred in connection therewith.

(2) The appropriate forestry authority may remove and either retain or dispose of trees felled by them in the exercise of their said powers, and shall, on a claim made in the prescribed manner by the owner of any trees so removed, pay to him a sum equal to the value of those trees after deducting any expenses reasonably incurred by them in connection with the removal or disposal.

(3) Subject to any express agreement to the contrary, any expenses incurred by a person for the purpose of complying with a notice under section 24, and any sums paid by a person in respect of expenses of the appropriate forestry authority under that section, shall be deemed to be incurred or paid by that person—

(a) where the notice relates to works required to be carried out in pursuance of conditions of a felling licence, for the use and at the request of the applicant for the licence;

(b) where the notice requires compliance with felling directions, for the use and at the request of the person to whom the directions were given.

(4) Any sums recoverable by or from the appropriate forestry authority under this section may be recovered as a simple contract debt.

Section 26A Appeals against notices given under section 24C(3) and 24D(2)

(1) The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies—

(a) the person to whom the notice was given;

(b) a person who has such estate or interest in the land as is referred to in section 10(1);

(c) the owner of the trees.

(2) The grounds are—

(a) a condition referred to in the notice has been complied with or is being complied with;

(b) suspending or revoking the felling licence is unreasonable or disproportionate;

(c) the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;

(d) a step specified in the notice is unreasonable or disproportionate;

(e) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).

(3) A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.

(4) An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

Section 26B Appeals against notice given under section 24E(2)

(1) The following persons have a right to bring an appeal against a notice given under section 24E(2) if the person thinks that any of the grounds set out in subsection (2) applies—

(a) the person to whom the notice was given;

(b) a person who has such estate or interest in the land as is referred to in section 10(1);

(c) the owner of the trees.

(2) The grounds are—

(a) the felling is not causing the harm specified in the notice or is not likely to cause the harm;

(b) suspending or revoking the felling licence is unreasonable or disproportionate;

(c) an amendment to the felling licence is unreasonable or disproportionate;

(d) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b).

(3) An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

Section 26C Further provision about appeals brought under sections 26A and 26B

(1) A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period.

(2) A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request.

(3) But subsection (2) does not apply (and the notice may take effect immediately) to the extent that—

(a) the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i) natural beauty, or

(ii) flora, fauna, geological or physiographical features, or natural habitats, or

(b) the notice makes provision that suspends a felling licence.

(4) Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27.

(5) The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference.

(6) After considering the report, the Welsh Ministers must—

(a) in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)—

(i) direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or

(ii) give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given;

(b) in the case of any other request, confirm or cancel the notice to which the reference relates.

Section 26D Compensation following receipt of a notice given under section 24C(3)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2) If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable—

(a) for any expenses reasonably incurred in connection with the giving of the notice;

(b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice.

(3) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable—

(a) for any expenses reasonably incurred in connection with the suspension;

(b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension.

(4) For the purposes of this section “the relevant person” is—

(a) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given;

(b) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(c) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

Section 26E Compensation following receipt of a notice given under section 24D(2)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24D(2), the person to whom the notice was given is entitled to compensation in accordance with this section and section 26G.

(2) If the notice given under section 24D(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

Section 26F Compensation following receipt of a notice given under section 24E(2)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24E(2), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2) Compensation is payable for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice under section 24E(2) (regardless of whether an appeal has been brought under section 26B).

(3) If the notice given under section 24E(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

(4) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24E(2), compensation is payable for any expenses reasonably incurred in connection with the suspension.

(5) For the purposes of this section “the relevant person” is—

(a) where compensation is payable for expenses reasonably incurred, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(b) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

Section 26G Compensation under section 26D, 26E and 26F – further provision

(1) Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales.

(2) A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period.

(3) Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber—

(a) if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling;

(b) where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given.

(4) In calculating compensation that is payable under section 26D or 26F—

(a) no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees;

(b) the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim.

(5) If—

(a) after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or

(b) after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked,

then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection.

(6) For the purposes of subsection (5)(a), the relevant person is—

(a) the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or

(b) if the applicant no longer has such estate or interest, a person who has such estate or interest.

(7) For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1).

(8) Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.