Section 24D Notice to subsequent estate or interest holder requiring steps to be takenF1

England and Wales

(1)

Subsection (2) applies where—

(a)

a notice has been given to a person under section 24C(3) requiring the person to take steps,

(b)

steps required by the notice have not been taken, and

(c)

before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given.

(2)

The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice—

(a)

requiring the steps that were not taken under the notice described in subsection (1) to be taken, and

(b)

specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken.

(3)

A notice given under subsection (2) must set out the reasons for giving the notice.

(4)

If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps.

(5)

A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)).

(6)

Proceedings in respect of an offence under subsection (5)—

(a)

must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b)

may not be commenced more than two years after the date of the offence.

(7)

A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(8)

The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

Annotations

Textual amendments

F1: Ss. 24C-24E 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. 39, 56(1)(a); S.I. 2023/1092, art. 3(a)

Notes on the whole Act

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F1: Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional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)))

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)