[F112 Conditional licences.E+W+S
(1)The conditions which may under section [F210(2)] F3[F210(2)(a) or (b)] above be attached to a felling licence are such as the [F4appropriate forestry authority], after consultation with the applicant for the licence, determine to be expedient for securing—
(a)the restocking or stocking with trees of the land on which the felling is to take place, or of such other land as may be agreed between the [F4appropriate forestry authority] and the applicant; and
(b)the maintenance of those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years.
(2)No conditions shall be imposed [F5under section 10(2)(a) or (b) above] on the grant of a felling licence where it is for trees on land subject to a forestry dedication covenant F6... [F7and the felling is in accordance with a plan of operations or other working plan approved by the [F4appropriate forestry authority] and in force under the covenant F6... ].]
Textual Amendments
F1Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))
F2Words in s. 12(1) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 2(3)(a) (with s. 55(2)); S.S.I. 2004/495, art. 2
F3Words in s. 12(1) inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(3), 56(1)(a); S.I. 2023/1092, art. 3(a)
F4Words in s. 12 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 55 (with Sch. 7)
F5Words in s. 12(2) inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 2(3)(b) (with s. 55(2)); S.S.I. 2004/495, art. 2
F6Words in s. 12(2) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 14; S.S.I. 2019/47, reg. 2
F7Words added by Trees Act 1970 (c. 43, SIF 54), s. 2