Part IIF1... Power to Control Felling of Trees
Enforcement of licence conditions and felling directions
26DF2Compensation following receipt of a notice given under section 24C(3)
1
If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G.
2
If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable—
a
for any expenses reasonably incurred in connection with the giving of the notice;
b
for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice.
3
If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable—
a
for any expenses reasonably incurred in connection with the suspension;
b
for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension.
4
For the purposes of this section “the relevant person” is—
a
where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given;
b
where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;
c
in the case of compensation for depreciation in the value of the trees, the owner of the trees.
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)