Part IIE+W+S F1... Power to Control Felling of Trees

Restriction of fellingE+W+S

[F214 Tree-felling in accordance with approved working plan etc.E+W+S

(1)The following provisions shall apply where application is made to the[F3appropriate 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 [F3appropriate forestry authority] under a forestry dedication covenant F4..., or otherwise approved by them in writing for the purposes of this section.

(2)The [F3appropriate forestry authority] shall not refuse the licence unless the Minister [F5as regards the felling of trees in [F6England or Wales] certifies F7...] 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 [F3appropriate forestry authority] refuse the licence, the applicant may by notice given to the [F3appropriate 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 [F3appropriate 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 F8..., the power of the [F3appropriate 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.]