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

Textual Amendments

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 E+W+S

26 Expenses etc. in connection with notices under s. 24 [F2 , s. 24C(3) or s. 24D(2)]. E+W+S

(1) If the [F3 appropriate 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 [F5 under that section] [F5 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 [F3 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 [F3 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 [F3 appropriate forestry authority] under this section may be recovered as a simple contract debt.

Textual Amendments

F2 Words in s. 26 heading inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(a), 56(1)(a)

F3 Words in s. 26 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 66 (with Sch. 7)

F4 Words in s. 26(1) inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(b)(i), 56(1)(a)

F5 Words in s. 26(1) substituted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(b)(ii), 56(1)(a)