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Section 16 Review of refusal or conditions of licence.

England, Wales and Scotland

(1)

F1The following provisions shall have effect for enabling the decision of the F2appropriate forestry authority on an application for a felling licence to be reviewed where they refuse to grant a felling licence or grant it subject to conditions.

(2)

A person aggrieved by the refusal or conditions may by a notice served within the prescribed time and in the prescribed manner request the Minister F3where the application was to fell trees in F4England or Wales F5... to refer the matter to a committee appointed in accordance with section 27 below and—

(a)

the Minister F6... shall, unless he is F7... of opinion that the grounds for the request are frivolous, refer the matter accordingly;

(b)

the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister F8... .

(3)

The Minister F9... shall, after considering the committee’s report, confirm the decision of the appropriate forestry authority on the application, or reverse or modify that decision and direct the appropriate forestry authority to give effect to the reversal or modification.

(4)

No request may be made under this section in respect of a refusal to grant a felling licence unless a previous application for a licence in respect of the trees has been refused and the application to which the request relates is made after the following date, that is to say—

(a)

where a reference under this section has been made in respect of a previous application, the third anniversary of the last such application in respect of which such a reference has been made; and

(b)

in any other case, the third anniversary of the first previous application.

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Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional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

Words in s. 16 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 58(2) (with Sch. 7)

F3

Words in s. 16(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(12)(a)

F4

Words in s. 16 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 58(3) (with Sch. 7)

F5

Words in s. 16(2) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 17(a); S.S.I. 2019/47, reg. 2

F6

Words in s. 16(2)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 17(b)(i); S.S.I. 2019/47, reg. 2

F7

Words in s. 16(2)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 17(b)(ii); S.S.I. 2019/47, reg. 2

F8

Words in s. 16(2)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 17(c); S.S.I. 2019/47, reg. 2

F9

Words in s. 16(3) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 17(d); S.S.I. 2019/47, reg. 2