The Forestry (Felling of Trees) (Amendment) Regulations 1987

Statutory Instruments

1987 No. 632

FORESTRY

The Forestry (Felling of Trees) (Amendment) Regulations 1987

Made

2nd April 1987

Laid before Parliament

9th April 1987

Coming into force

1st May 1987

The Forestry Commissioners, in exercise of the powers conferred upon them by sections 10(1), 17B(1), 24(2), 25(1) and 32(1) and (2) of the Forestry Act 1967(1), and of every other power enabling them in that behalf, and after consultation with the Home Grown Timber Advisory Committee, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Forestry (Felling of Trees) (Amendment) Regulations 1987 and shall come into force on 1st May 1987.

Amendment of the principal regulations

2.—(1) For regulation 4 of the Forestry (Felling of Trees) Regulations 1979(2) (hereinafter referred to as “the principal regulations”) there shall be substituted the following regulation–

“Application for felling licence

4.   Any application for a felling licence made under section 10(1) of the Act shall be–

(a) in the form set out in Schedule 2 hereto, which shall be supplied by the Commissioners on request, or in a form substantially to the like effect;

(b) accompanied by an Ordnance Survey map signed and dated by the applicant showing the area to which the application relates on a scale not smaller than one to ten thousand or six inches to one mile, and with the National Grid reference of the north west corner of the area marked on the map.”.

(2) After regulation 8 of the principal regulations there shall be inserted the following regulation–

“Appeal against restocking notice

8A.   Any notice under section 17B(1) of the Act (which relates to appeal against a restocking notice) shall be served on the appropriate Minister within three months after the receipt of the restocking notice by the person on whom that notice has been served by the Commissioners under section 17A of the Act (power to require restocking after unauthorised felling) and shall be in Form 6A.”.

(3) For regulations 13 and 14 of the principal regulations there shall be substituted the following regulations–

“Prescribed period under section 24(2) of the Act

13.   For the purposes of section 24(2) of the Act (which, as adapted by section 17C of the Act, provides that in the event of failure to carry out works in accordance with conditions of a licence or to comply with felling directions or a restocking notice, the Commissioners may give notice to the owner of the land or the owner of the trees, as the case may be, requiring such steps as may be specified in the notice to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default) the prescribed period shall be three months.

Notices under section 25 of the Act

14.   Any notice under section 25(1) of the Act (which, as adapted by section 17C of the Act, relates to a request for the review of a requirement that the steps specified in a notice (including a restocking notice) given under section 24(2) of the Act shall be taken) shall be in Form 9 and shall be served on the appropriate Minister within three months after the receipt by the owner of the land or the owner of the trees, as the case may be, of the notice under section 24(2) of the Act.”.

(4) For regulation 16 of the principal regulations there shall be substituted the following regulation–

“Verification of claims and notices

16.   The Commissioners or the appropriate Minister, as the case may be, may require any particulars specified in any claim or notice (including a notice of appeal against a restocking notice) made or given under the Act to be verified by statutory declaration.”.

(5) After Form 6 in Schedule 1 to the principal regulations there shall be inserted the following Form–

Reg 8A

“FORM 6A FORESTRY ACT 1967

”.

(6) For Form 9 in Schedule 1 to the principal regulations there shall be substituted the following Form–

Reg 14

“FORM 9 FORESTRY ACT 1967

”.

(7) For Schedule 2 to the principal regulations there shall be substituted the following Schedule

Reg 4

“SCHEDULE 2 FORESTRY ACT 1967APPLICATION FOR LICENCE TO FELL GROWING TREES

”

In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 2nd April 1987.

L.S.

P. J. Clarke

Secretary to the Forestry Commissioners

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Forestry (Felling of Trees) Regulations 1979 (S.I. 1979/791) in relation to a number of procedural matters, mainly arising from the introduction in the Forestry Act 1986 of powers for the Forestry Commissioners to require the restocking of land with trees after unauthorised felling. The amendments–

(1) prescribe the method of application for a felling licence and now set out in the Regulations the prescribed form of application for such a licence (regulation 2(1) and (7));

(2) prescribe a period of three months as the time in which a person served with a restocking notice may serve notice of appeal to the appropriate Minister (as respects England the Minister of Agriculture, Fisheries and Food, as respects Scotland the Secretary of State for Scotland, and as respects Wales the Secretary of State for Wales) and set out the prescribed form for such an appeal (regulation 2(2) and (5));

(3) re-enact regulations 13, 14 and 16 of the principal regulations (which make various procedural provisions for enforcement and appeals in relation to felling licence conditions and felling directions) so that the existing provisions of those regulations will in addition now apply to enforcement and appeals relating to requirements in a restocking notice (regulation 2(3), (4) and (6)).

(1)

1967 c. 10; section 17B was inserted, and the scope of sections 24 and 25 was extended, by section 1 of the Forestry Act 1986 (c. 30).

(2)

S.I. 1979/791.