Agriculture (Wales) Act 2023

41 Appeals and compensation

After section 26 of the Forestry Act 1967 (c. 10), insert—

“26A Appeals against notices given under section 24C(3) and 24D(2)

(1) The following persons have a right to bring an appeal against a notice given under section 24C(3) 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) a condition referred to in the notice has been complied with or is being complied with;

(b) suspending or revoking the felling licence is unreasonable or disproportionate;

(c) the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;

(d) a step specified in the notice is unreasonable or disproportionate;

(e) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).

(3) A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.

(4) 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).

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

(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).

26C Further provision about appeals brought under sections 26A and 26B

(1) A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period.

(2) A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request.

(3) But subsection (2) does not apply (and the notice may take effect immediately) to the extent that—

(a) the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i) natural beauty, or

(ii) flora, fauna, geological or physiographical features, or natural habitats, or

(b) the notice makes provision that suspends a felling licence.

(4) Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27.

(5) The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference.

(6) After considering the report, the Welsh Ministers must—

(a) in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)—

(i) direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or

(ii) give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given;

(b) in the case of any other request, confirm or cancel the notice to which the reference relates.

26D Compensation following receipt of a notice given under section 24C(3)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2) If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable—

(a) for any expenses reasonably incurred in connection with the giving of the notice;

(b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice.

(3) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable—

(a) for any expenses reasonably incurred in connection with the suspension;

(b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension.

(4) For the purposes of this section “the relevant person” is—

(a) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given;

(b) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(c) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26E Compensation following receipt of a notice given under section 24D(2)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24D(2), the person to whom the notice was given is entitled to compensation in accordance with this section and section 26G.

(2) If the notice given under section 24D(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

26F Compensation following receipt of a notice given under section 24E(2)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24E(2), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2) Compensation is payable for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice under section 24E(2) (regardless of whether an appeal has been brought under section 26B).

(3) If the notice given under section 24E(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

(4) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24E(2), compensation is payable for any expenses reasonably incurred in connection with the suspension.

(5) For the purposes of this section “the relevant person” is—

(a) where compensation is payable for expenses reasonably incurred, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(b) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26G Compensation under section 26D, 26E and 26F – further provision

(1) Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales.

(2) A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period.

(3) Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber—

(a) if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling;

(b) where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given.

(4) In calculating compensation that is payable under section 26D or 26F—

(a) no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees;

(b) the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim.

(5) If—

(a) after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or

(b) after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked,

then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection.

(6) For the purposes of subsection (5)(a), the relevant person is—

(a) the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or

(b) if the applicant no longer has such estate or interest, a person who has such estate or interest.

(7) For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1).

(8) Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.”