Agriculture (Wales) Act 2023

39 Varying, suspending or revoking tree felling licences

After section 24B of the Forestry Act 1967 (c. 10) (inserted by the Environment Act 2021 (c. 30)), insert—

“24C Variation of conditions or suspension or revocation of licence following breach of condition: Wales

(1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that any condition of the licence—

(a) has not been complied with, or

(b) is not being complied with.

(2) But this section does not apply if the condition is one that requires works to be carried out (as to which see section 24).

(3) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a) a suspension of the felling licence, either in full or in part;

(b) a variation or removal of a condition of the felling licence or an imposition of a new condition;

(c) where the circumstances referred to in subsection (4) apply, a revocation of the felling licence.

(4) The circumstances are that the condition that has not been complied with, or is not being complied with, was imposed for the purpose mentioned in section 10(2)(c).

(5) A notice given under subsection (3) may also make provision—

(a) requiring the person‍ to whom the notice was given to take such steps as may be specified in the notice, and

(b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be‍ taken.

(6) A notice given under subsection (3) must—

(a) set out the reasons for giving the notice;

(b) specify the condition that has not been or is not being complied with;

(c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d) if the notice varies conditions or revokes the felling licence, specify the date upon which the variation or revocation takes effect;

(e) if the notice suspends the felling licence in part, specify the felling that may continue.

(7) Where a notice given under subsection (3) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a) the expiry of the period specified in the notice‍ in accordance with subsection (6)(c), and

(b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(8) The Natural Resources Body for Wales may give a further notice under subsection (7)(b) if it considers that the suspension should be lifted sooner than the‍ end of the period specified in the notice given under subsection‍ (3).

(9) If—

(a) a notice given under subsection (3) requires a person to take steps in accordance with subsection (5)(a), and

(b) those steps have not been‍ taken before the end of the period specified in that notice in accordance with subsection (5)(b),

the Natural Resources Body for Wales may enter on the land and take those steps.

(10) A person who, without reasonable excuse, fails to take any steps required by a notice given under subsection (3) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (9)).

(11) Proceedings in respect of an offence under subsection (10)—

(a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b) may not be commenced more than two years after the date of the offence.

(12) A person who is required by a notice under subsection (3) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(13) For the purposes of this sectio‍n, “the person responsible” is—

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

(b) in any other case,‍ a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

24D Notice to subsequent estate or interest holder requiring steps to be taken

(1) Subsection (2) applies where—

(a) a notice has been given to a person under section 24C(3) requiring the person to take steps,

(b) steps required by the notice have not been taken, and

(c) before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given.

(2) The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice—

(a) requiring the steps that were not taken under the notice described in subsection (1) to be taken, and

(b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken.

(3) A notice given under subsection (2) must set out the reasons for giving the notice.

(4) If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps.

(5) A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)).

(6) Proceedings in respect of an offence under subsection (5)—

(a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b) may not be commenced more than two years after the date of the offence.

(7) A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(8) The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

24E Suspension, amendment or revocation of tree felling licence where no breach of condition: Wales

(1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that felling in accordance with the licence is causing, or is likely to cause, significant harm to—

(a) natural beauty, or

(b) flora, fauna, geological or physiographical features, or natural habitats.

(2) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a) a suspension of the felling licence, either in full or in part;

(b) an amendment of the felling licence;

(c) if the Natural Resources Body for Wales considers that amending the felling licence would not prevent the harm that is being caused or is likely to be caused, a revocation of the felling licence.

(3) A notice given under subsection (2) must—

(a) set out the reasons for giving the notice;

(b) specify the harm that felling in accordance with the licence is causing or is likely to cause;

(c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d) if the notice amends or revokes the felling licence, specify the date upon which the amendment or revocation takes effect;

(e) if the notice suspends the felling licence in part, specify the felling that may continue.

(4) Where a notice given under subsection (2) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a) the expiry of the period specified in the notice‍ in accordance with subsection (3)(c), and

(b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(5) The Natural Resources Body for Wales must give a further notice specifying a date under subsection (4)(b) (to bring the suspension to an end) if it considers that felling in accordance with the felling licence (as it would have effect after that date) would neither cause nor be likely to cause the harm specified in the notice that suspended the licence.

(6) For the purposes of this section, “the person responsible” is—

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

(b) in any other case, a person who has such estate or interest in the land as is referred to in section 10(1) on that date.”