The Forestry (Felling of Trees) (Amendment) (Wales) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, made by the Welsh Ministers, amend the Forestry (Felling of Trees) Regulations 1979 in relation to procedural matters (prescribed manner and prescribed period) arising from Part 4 of the Agriculture (Wales) Act 2023. These amendments—

(1)

prescribe a period of one month for the objection to an agreement to amendments to a felling licence which is subject to a Tree Preservation Order by the authority by whom the Tree Preservation Order was made (regulation 3);

(2)

prescribe a period of one month for the objection to a notice given under section 24C and 24E of the Forestry Act 1967 in relation to felling of trees which are subject to a Tree Preservation Order by the authority by whom the Tree Preservation Order was made (regulation 4);

(3)

prescribe a period of three months for appeals made under section 26 of the Forestry Act 1967 against notices given under sections 24C, 24D and 24E of that Act (regulation 5). Different provision is made for appeals against notices which suspend a felling license (regulation 5(3));

(4)

prescribe that appeals against notices under sections 24C, 24D and 24E of the Forestry Act 1967 must be made on Form 9A (Schedule 2);

(5)

prescribe a period of eighteen months to claim for expenses reasonably incurred following a successful appeal against a notice under sections 26D, 26E and 26F (regulation 7) of the Forestry Act 1967 and prescribe that compensation must be claimed on Form 1A (Schedule 1).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.