17 Penalty for felling without licence.E+W+S
(1)Anyone who fells a tree without the authority of a felling licence, the case being one in which section 9(1) of this Act applies so as to require such a licence, shall be guilty of an offence and
[F1(a)in relation to an offence committed in Wales,] liable on summary conviction to a fine not exceeding [F2level 4 on the standard scale] or twice the sum which appears to the court to be the value of the tree, whichever is the higher [F3, or
(b)in relation to an offence committed in England, liable on summary conviction to a fine.]
(2)Proceedings for an offence under this section may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.
Textual Amendments
F1S. 17(1)(a) inserted (1.1.2023) by Environment Act 2021 (c. 30), s. 147(3), Sch. 16 para. 2(a) (with s. 144); S.I. 2022/1266, reg. 2(d)
F2Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1;), ss. 289F, 289G
F3S. 17(1)(b) and word inserted (1.1.2023) by Environment Act 2021 (c. 30), s. 147(3), Sch. 16 para. 2(b) (with s. 144); S.I. 2022/1266, reg. 2(d)