OpenLegislation

Section 17A Power of Commissioners to require restocking notice after unauthorised felling.F1F2

England, Wales and Scotland

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

(F31)

The F4appropriate forestry authority may serve a notice under this section (a “restocking notice”) on a person where—

(a)

it appears to the appropriate forestry authority that he has committed an offence in F5England or Wales under section 17 of this Act, F6 ...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and F7... he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act.

(F81A)

A restocking notice is a notice requiring the person on whom it is served—

(a)

to restock or stock with trees the land or such other land as may be agreed between the appropriate forestry authority and him; and

(b)

to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding ten years, specified in the notice.

(F91B)

A restocking notice served by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

F10(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Subject to the provisions of this Act, in considering whether to issue a restocking notice the Commissioners shall—

(a)

have regard to the interests of good forestry and agriculture and of the amenities of the district;

(b)

have regard to their duty of promoting the establishment and maintenance F11 . . . of adequate reserves of growing trees; and

(c)

take into account any advice tendered by the regional advisory committee for the conservancy comprising the land to which the restocking notice would relate.

(4)

This section shall not apply in relation to trees to which a tree preservation order relates or in relation to trees the felling of which took place before the date of coming into force of the Forestry Act 1986.

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Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional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

Ss. 17A–17C inserted by Forestry Act 1986 (c. 30, SIF 54), s. 1(a)

F3

S. 17A(1) substituted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 4(2)

F4

Words in s. 17A 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)

F5

Words in s. 17A 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)

F6

S. 17A(1)(b) and word 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. 18(a)(i); S.S.I. 2019/47, reg. 2

F7

Words in s. 17A(1) 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. 18(a)(ii); S.S.I. 2019/47, reg. 2

F8

S. 17A(1A) inserted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 4(3)

F9

S. 17A(1B) inserted (1.1.2023) by Environment Act 2021 (c. 30), s. 147(3), Sch. 16 para. 3 (with s. 144); S.I. 2022/1266, reg. 2(d) (with reg. 3(1))

F10

S. 17A(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. 18(b); S.S.I. 2019/47, reg. 2

F11

Words in s. 17A(3)(b) omitted (1.7.1999) by virtue of S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

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)