FORESTRY ACT FORESTRY :K'T 1967;.> SS9 NOTES Sub-s (3A) was inserted by the Wildlife and Countryside

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Text of FORESTRY ACT FORESTRY :K'T 1967;.> SS9 NOTES Sub-s (3A) was inserted by the Wildlife and Countryside

  • FORESTRY ACT 1967 (1967 c 10)

    ARRANGEMENT OF SECTIO[\iS

    P.\RT I

    FORESHV .\~O AHOREST.\TIO~ 1:-0 GRE.H BRIT.\I."

    Section I Forestrv Couuuisvion .., Consnrunon, ~dnlll\islr~tl'lIl,etc, ot' COIIIIIII\\llln 3 Managemcn: oflore~lrY l~nJ . 5 Forestry dedication covenants and agreements 6 Requirements tor haulage faciliries . 7 Prevention ofdamage by rabbirs.Iures and vermin S Miscellaneous powers otCornmissioners

    SA General Jury of Ministers

    P.\RT II

    COMM1SSIOSERS' POWER TO CO:-O:TROl FULISC OF TREES

    Restriction lJ./ Fel/iug 9 Requirement oilicence tor ielling. . . . . .

    10 Application for telling licence and decision olComrnissicners thereon II Terms of COlllPCIIS;lt\UII "II reiusJI

  • FOHESTny ACT 1%7 .'i.'i7 ------------------------------------

    \2 lJ I~

    15 16 17

    17A 178 17C

    Conditional licences Deterred decision on applicJ(/(lI1 Tree-telling in accordance with approved working plan etc. Trees subject to preservation order under Planning Acts Review or" refusal or conditions of licence . Penalty lor Ii:Uing wirhour iiceuce . Power ofCommissioners 10 require restocking after unauthorised fdling Appeal against restocking notice Enforcement of restocking notice

    Power of Commissioners 10 tiirea.!i·/ling

    18 Felling directions 19 Restr icrions on Commissioners' power under s 18 20 Review at tdling directions 21 Courses open to person adversely arfecrcd by telling directions 22 Consequences of acceptance by Minister oi notice under s 2I 2} Proceedings in respect oi telling directions .

    EI~forcellletil of [iallce COIIJiriollS ,1IId fe/illig directions

    2~ Notice to require compliance with conditions or directions 25 Appeal again\[ notice under s 24 26 Expenses etc in connection with notices under, 24

    .'I"I'I'/'·/It'·'II.II)'

    27 Committees of reference tor purposes otss Ii>.20. 21. 25 2~ ldenrificanon of trees 29 Provisions relating to mortgages, heruable securities and setrled land 30 Service ot'documenn 31 Determination of matters arising under ss II. 14.2 I and 22 32 Regulations 33 Application 01-Part II to Crown land 34 Meaning ol'''owner'' HI Pare II 35 Interpretation of other expressions in Part Il 36 Applicanon 01' Part II to london

    P.\RT 111

    AO~II:-;JSTR.HIO:-; .\:-;0 FI:-;.\~C:E

    Adl'isory Bodies

    37 Conumrtces to advise COJllIII l"loner, .'X (:'lInp",itton etc or' .idvrvorv couunirtccx

    AC'l14isiriol"lIId Jispos.r/of/olld

    39 Power of Minister to acquire and dispose ofland . ~I) Compulsory purchase otland .

    Fillal/Te, llCCOllllrs and .11/111"1/ report

    41 Foresrrv Fund 42 Finance oi land acquisition, management, etc 43 Saustacrion ot certain contingent liabilirv to Crown E,IJle ~~ Anuual accounts o(CmumimOllCrs . 45 Annual '

  • FOHESTHY ACT 1%7 557 ----------------

    12 1J 1~

    15 16 17

    17A 17B 17C

    Conditional licences Deterred decision on application . . . . Tree-felling in accordance with approved working plan etc. Trees subject to preservation order under Planning Aces Review or" retusal or condirior» o{ licence . Penalty tor telling without licence . Power of Commissioners to require restocking atrer unauthorised ti:l1ing Appea' against restocking notice Entorcernent ot' restocking notice

    Power OfCOllllllissiollers 10 dirwJt'i1illg

    \8 Felling directions 19 Restncrions on COllJmissioners'power under s \ 8 20 Reviewal' felling dirccnons 21 Courses open to person adversely affected by telling directions 22 Consequences oiacceptance by Minister at nut icc under s 21 . 23 Proceedings in respect or' Idling Jireccions .

    E40rwllelll oflicetlce conditions .1IIdfe/lilig direcuous

    2~ Norice to require compliance with conditions or directions 25 Appeal against notice under s 2~ 26 Expensesetc in connection with notices under s 2~

    S/lI'I,If/II'·II/.,I')'

    27 Committees of reference lor purposes of ss 16.20.21. 25 2li ldentificarion of trees 29 Provisions relating to mortgages. heritable securities and settled land 30 Service ofdocuments 31 Determination of matters arising under ss II. 14.21 Jnd 22 32 Regulations 33 Application of Part II to Crown land 3~ Meaning or"..iwner.. in Part II 35 lnrerpretarion of other expressions in Part 11 36 Applicanon 01' Parr II to London

    P.\RT III

    Aa.\l/x,sTR.Hlo:-,: .\:-;D FI:-':.\:-;CE

    AJl'ilory Bodies

    37 Conururrces to ad VI\

  • 558 VOl 18 FORESTRY

    PART IV

    GENERAL

    46 Commissioners' power to make byelaws . . 47 • Provisions supplementary [Q s 46 for New Forest and Forest of Dean 48 Powers oiencry and enforcement . 49 Interpretation . 50 Transitional provisions. repeals and savings 51 Short title and extent

    ScHEDULES

    Schedule I-The Forestrv Commission and irs stJrf . '" Schedule 2-Conveyanci'ng and other provisions connected with torestrv dedication. Schedule 3-Proceedings under Town and Country Planning Acts in relation to tree

    preservation oeders, ..,.. Schedule 4-Procedure for acquisition of land under s 39 by agreement . Schedule 5-Compulsory purchase Schedule 6-Transitional provisions Schedule 7-Repc:als and savings .

    An Act to consolidate the Forestry ActS 1919 to 1963 with corrections ,lIIdimproveinents » under the Consolidation ofEnactments (Procedure) Act 1949 [22 March 19

    Northern Ireland, TIllS Act does 110{ apply: sec: s 51(2) pmt.

    P,"HT I

    FOHESTRY ..\ND Af/'OUESTATION IN GIlE..\T UIHT:\IN

    1 Forestry Commission

    (1) The Forestry Commissioners constituted under the Forestry Acts 1919 to 1 shall continue in existence and are in this Act referred to as "the Commissioners",

    (2) The Commissioners shall be charged with the general duty of promoting interests of forestry. the development of afforestation and the production and supp timber and other forest products in Great Britain and in that behalf shall have powers and duties conferred or imposed on them by this Act.

    (3) The Commissioners' general duty includes that of promoting the establishr and maintenance in Great Britain of adequate reserves of growing trees.

    [(3A) In discharging their functions under the Forestry Acts 1967 to 197~ Commissioners shall. so far as may be consistent with the proper discharge of ! functions. endeavour to achieve a reasonable balance between-

    (a) the development of afforestation. the management of forests anc production and supply of timber. and

    (b) the conservation and enhancement ofnaturaJ beauty and rhe conservari flora. fauna and geological or physiographical features of special interest

    (4) The Commissioners shall, in exercising their functions under this Act. JIlC exercising their powers under the Plant Health Act 1967 (which enables them to orders for the control of timber pests and diseases). comply with such directions a' be given to them by the Ministers.

    (5) Directions given by the Ministers for purposes of the foregoing subscctiot be given by them jointly. except in so t:lr JS they make arrangements that this subs shall not apply,

  • FORESTRY :K'T 1967 ;.> SS9

    NOTES Sub-s (3A) was inserted by the Wildlife and Countryside Act 1985. s-l. Great Britain. le England. Scotland and Wales; see the Union with Scotland Act 1706, preamble. Art I.

    Vol 10. title Constitutional Law (Pt I). as read with the Interpretation Act 1978. s 22(1). Sch 2. para 5(.,). Vo141, title Statutes.

    Advisory committees. For provisions as to advisory committees, see ss 37,38 post. Definitions. For "the Minister", see s 49(1) post. Nore as to "the Commissioners", sub-s (I) above. Forestry Acts 1919 to 1945. le the Forestry Act 1919. the Forestry (Transfer of Woods) Act 1923. the

    Foresrry Act 1927 and the Forestry Act 1945. All these Acts were repealed by s 50. Sch 7. Pt I post. Forestry Acts 1967 to 1979. It is thought that the Acts referred to are the Forestrv Act 1967 (this Act),

    and the Forestry Act 1'179 post. Plant Health Act 1967. See Vol I. title Agriculrure (Pr 2).

    2 Constitution. administration, etc., ofCommission

    (1) The Commissioners shall consist of a chairman and not more than [ten] other members appointed by Her Majesty by warrant under the sign manual to be Forestry Commissioners.

    (2) Of the persons for the time being appointed to be Forestry Commissioners-

    (a) at least three shall be persons who have special knowledge and experience of forestry;

    (b) at least one shall be a person who has scientific attainments and a technical knowledge of forestry; and

    (f) at least one \11;111 be a person who ha~ 'ipecial knowledge and expcr icncc oftllL' timber trade.

    (.3) The Commissioners shall by order .ippoinr COlllIII itrccs for En~LlIld. Scorl.md .1I1d Wales respeccively, whose membership shall consist pardr of persons who are ForL'srry Commissioners or officers of the Commissioners and partly of persons, not exceeding three in number, who are not Forestry Commissioners or officers of the Commissioners; and the Commissioners may delegate. subject to such restrictions or conditions as they think fit. any of their functions to a committee so appointed.

    (4) Part I ofSchedule 1 to this Act shall have etfect with respect to the Commissioners, their staff, proceedings and other related matters and to the committees appointed under subsection (3) of this section; and Parr II of that Schedule shall have effect with respect to the superannuation of Forestry Commissioners and officers employed by rhe Commissioners.

    NOTES The word in square brackets in sub-s (I) was subsrirured by the Forestry Act 1981. s 5. The Commissioners. le the Forestry Commissioners; see s ~9(1)