Section 9 Requirement of licence for felling.C7C1C2C3C4C5

F1A felling licence granted by the F2appropriate forestry authority shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

Subsection (1) above does not apply—

Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—

Subsection (1) above does not apply to any felling which—

Regulations made by the F10appropriate legislative authority under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—

and the said subsections shall have effect with any modification made by regulations under this subsection.

In this section—

• F11 “ electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable;

• “ electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989;

• “public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the M1Law of Property Act 1925 or of Part V of the National Parks and Access to the M2Countryside Act 1949 F12 or Part I of the Countryside and Rights of Way Act 2000F13or of Part II or section 48 of the M3Countryside (Scotland) Act 1967) for the purpose of public recreation, or land being a disused burial ground;

• “quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;

• F14“relevant territory” means—

  1. England F15... where the felling is carried out in England F16...;

  2. Wales where the felling is carried out in Wales;

and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point 1·3 metres above the ground level; . . . F17