The Forestry (Felling of Trees) (Amendment) Regulations 1987

Amendment of the principal regulations

2.—(1) For regulation 4 of the Forestry (Felling of Trees) Regulations 1979(1) (hereinafter referred to as “the principal regulations”) there shall be substituted the following regulation–

“Application for felling licence

4.   Any application for a felling licence made under section 10(1) of the Act shall be–

(a) in the form set out in Schedule 2 hereto, which shall be supplied by the Commissioners on request, or in a form substantially to the like effect;

(b) accompanied by an Ordnance Survey map signed and dated by the applicant showing the area to which the application relates on a scale not smaller than one to ten thousand or six inches to one mile, and with the National Grid reference of the north west corner of the area marked on the map.”.

(2) After regulation 8 of the principal regulations there shall be inserted the following regulation–

“Appeal against restocking notice

8A.   Any notice under section 17B(1) of the Act (which relates to appeal against a restocking notice) shall be served on the appropriate Minister within three months after the receipt of the restocking notice by the person on whom that notice has been served by the Commissioners under section 17A of the Act (power to require restocking after unauthorised felling) and shall be in Form 6A.”.

(3) For regulations 13 and 14 of the principal regulations there shall be substituted the following regulations–

“Prescribed period under section 24(2) of the Act

13.   For the purposes of section 24(2) of the Act (which, as adapted by section 17C of the Act, provides that in the event of failure to carry out works in accordance with conditions of a licence or to comply with felling directions or a restocking notice, the Commissioners may give notice to the owner of the land or the owner of the trees, as the case may be, requiring such steps as may be specified in the notice to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default) the prescribed period shall be three months.

Notices under section 25 of the Act

14.   Any notice under section 25(1) of the Act (which, as adapted by section 17C of the Act, relates to a request for the review of a requirement that the steps specified in a notice (including a restocking notice) given under section 24(2) of the Act shall be taken) shall be in Form 9 and shall be served on the appropriate Minister within three months after the receipt by the owner of the land or the owner of the trees, as the case may be, of the notice under section 24(2) of the Act.”.

(4) For regulation 16 of the principal regulations there shall be substituted the following regulation–

“Verification of claims and notices

16.   The Commissioners or the appropriate Minister, as the case may be, may require any particulars specified in any claim or notice (including a notice of appeal against a restocking notice) made or given under the Act to be verified by statutory declaration.”.

(5) After Form 6 in Schedule 1 to the principal regulations there shall be inserted the following Form–

Reg 8A

“FORM 6A FORESTRY ACT 1967

”.

(6) For Form 9 in Schedule 1 to the principal regulations there shall be substituted the following Form–

Reg 14

“FORM 9 FORESTRY ACT 1967

”.

(7) For Schedule 2 to the principal regulations there shall be substituted the following Schedule

Reg 4

“SCHEDULE 2 FORESTRY ACT 1967APPLICATION FOR LICENCE TO FELL GROWING TREES

”

(1)

S.I. 1979/791.