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

[F226DCompensation following receipt of a notice given under section 24C(3)E+W

(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. ]

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)