OpenLegislation

Section 10A Amendments made under section 10(3A) that affect tree preservation ordersF1F2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The provisions of this section apply if—

(a)

an amendment to a licence under section 10(3A) is proposed in respect of any trees to which a tree preservation order relates, and

(b)

the Natural Resources Body for Wales does not consider that the amendment is necessary to respond to an imminent and serious risk of harm to—

(i)

natural beauty, or

(ii)

flora, fauna, geological or physiographical features, or natural habitats.

(2)

Before amending the licence, the Natural Resources Body for Wales must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(3)

If, within the prescribed period, the authority by whom the tree preservation order was made objects to the amendment in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(4)

If a matter is referred to the Welsh Ministers under subsection (3), the Welsh Ministers may decide to—

(a)

grant consent to the amendment, or

(b)

refuse to grant consent (in which case the amendment cannot be made).

(5)

Where the Natural Resources Body for Wales has given notice in writing under subsection (1) to an authority in respect of a proposed amendment, the proposed amendment cannot be made until—

(a)

the period prescribed under subsection (3) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b)

if the Natural Resources Body for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(6)

Before deciding whether to grant or refuse consent under subsection (4), the Welsh Ministers must consult—

(a)

the person responsible (see section 10(3B));

(b)

the Natural Resources Body for Wales;

(c)

the authority by whom the tree preservation order was made.

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

F2

S. 10A inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 38(2), 56(1)(a); S.I. 2023/1092, art. 3(a)

Notes on Part II

Textual amendments

F1

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)