Section 6 Requirements for haulage facilities.F1
England, Wales and Scotland
The provisions of this section shall have effect where the F2appropriate forestry authority are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway or waterway.
Subject to the following subsections, the appropriate forestry authority may, where they are of the said opinion, make an order that the owner and occupier of any land shall afford the necessary facilities, subject to payment by the person in whose favour the order is made of reasonable rent or wayleave and of compensation for any damage caused by the haulage, and the owner or occupier shall thereupon comply with the order.
The appropriate forestry authority shall not make an order under this section until the person proposed to be required to give the said facilities has had an opportunity of being heard.
a person aggrieved by an order under this section may–
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The amount of rent or wayleave and compensation for damage which is payable in consequence of an order made under this section shall, in default of agreement, be assessed F6...—
in a case relating to England or Wales, by a single arbitrator appointed by the President of the Royal Institution of Chartered Surveyors; F7 ...
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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Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional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. 6 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 47(2) (with Sch. 7)
- F3
S. 6(4) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(7)
- F4
Words in s. 6 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 47(3) (with Sch. 7)
- F5
S. 6(4)(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. 8(a); S.S.I. 2019/47, reg. 2
- F6
Words in s. 6(5) 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. 8(b)(i); S.S.I. 2019/47, reg. 2
- F7
S. 6(5)(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. 8(b)(ii); S.S.I. 2019/47, reg. 2