Part IIF1... Power to Control Felling of Trees

Annotations:
Amendments (Textual)
F1

Word 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)

Enforcement of licence conditions and felling directions

26 Expenses etc. in connection with notices under s. 24 F3, s. 24C(3) or s. 24D(2).

1

If the F2appropriate forestry authority, in the exercise of their powers under section 24 F4, section 24C(9) or section 24D(4), enter on land and take any steps required by a notice F5under that sectionF5under 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 F2appropriate 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 F2appropriate 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 F2appropriate forestry authority under this section may be recovered as a simple contract debt.