PART 4Felling
CHAPTER 8Compliance
Powers of entry
53Power of entry: failure to comply
(1)
Subsection (2) applies if the Scottish Ministers have reason to believe that a person has failed or is failing to comply with—
(a)
a condition on felling permission,
(b)
a felling direction (including any condition imposed on it),
(c)
a restocking direction (including any condition imposed on it),
(d)
a registered notice to comply,
(e)
a remedial notice (including any condition imposed on it), or
(f)
a registered remedial notice.
(2)
The Scottish Ministers may enter land mentioned in subsection (3) for the purpose of determining whether a person has failed or is failing to comply with the condition, the direction or (as the case may be) the notice.
(3)
The land is—
(a)
in the case of a condition on felling permission—
(i)
the land on which the tree to which the condition relates is located,
(ii)
where it is a continuing condition, the land to which the continuing condition relates,
(b)
in the case of a felling direction or a restocking direction, the land to which the direction relates,
(c)
in the case of a registered notice to comply, a remedial notice or a registered remedial notice, the land to which the notice relates.