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

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)

Enforcement of licence conditions and felling directionsE+W+S

[F226AAppeals against notices given under section 24C(3) and 24D(2)E+W

(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).]

Textual Amendments

F2Ss. 26A-26G inserted (W.) (18.8.2023 for specified purposes) by Agriculture (Wales) Act 2023 (asc 4), ss. 41, 56(1)(a)