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Section 26B Appeals against notice given under section 24E(2)F1

England and Wales

(1)

The following persons have a right to bring an appeal against a notice given under section 24E(2) if the person thinks that any of the grounds set out in subsection (2) applies—

(a)

the person to whom the notice was given;

(b)

a person who has such estate or interest in the land as is referred to in section 10(1);

(c)

the owner of the trees.

(2)

The grounds are—

(a)

the felling is not causing the harm specified in the notice or is not likely to cause the harm;

(b)

suspending or revoking the felling licence is unreasonable or disproportionate;

(c)

an amendment to the felling licence is unreasonable or disproportionate;

(d)

where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b).

(3)

An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

Annotations

Textual amendments

F1

Ss. 26A-26G 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. 41, 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Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional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)