Textual Amendments
F1Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)
Textual Amendments
F2Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))
(1)Subject to the provisions of this Act (and, in particular, to the duty of the [F3appropriate forestry authority] to take advice under section 37(3), if it appears to the [F3appropriate 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 F4. . . 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 [F3appropriate 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 [F3appropriate forestry authority] shall contain a statement of the grounds upon which they are given.
(4)A person who is given felling directions by the [F3appropriate 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 [F3appropriate forestry authority] after the date on which the order comes into force[F5shall be sufficient authority for the felling, notwithstanding anything in—
(a)tree preservation regulations, in the case of trees in England or Wales.
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F3Words in s. 18 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 59 (with Sch. 7)
F4Words in s. 18(1) omitted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)
F5Words in s. 18(5) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 3 (with s. 226); S.I. 2012/601, art. 2(a)
F6S. 18(5)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 20; S.S.I. 2019/47, reg. 2