The Forestry (Felling of Trees) Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 3 of the Forestry Act (Northern Ireland) 2010 (“the Act”) applies to the felling of trees.

Section 16 of the Act makes provision for applications for a felling licence. Regulation 3 of these Regulations prescribes the manner of such an application and regulation 4 prescribes the manner of a claim for compensation on refusal of such a licence.

By virtue of section 18(3) of the Act, a felling licence authorises the felling of trees on any land in accordance with and subject to the felling management plan for the time being in force in relation to that land. Regulation 5 of these Regulations provides for the drawing up, content, amendment of and other matters relating to management plans.

Sections 20 and 23 of the Act provide for appeals against a decision of the Department on an application for a licence and against a restocking notice served by the Department after unauthorised felling. Regulations 6 and 7 prescribe the manner and time within which such appeals are to be made.

Section 24 of the Act enables the Department to give to the person responsible an enforcement notice 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 specified in the notice. Regulation 8 of these Regulations prescribes the period after which the notice has become operative.

Regulation 9 of these Regulations prescribes the manner and the time within which an appeal against an enforcement notice shall be made.

Regulation 10 provides for the documents to be included in a notice of appeal under regulations 6, 7 and 9, the persons on whom copies are to be served and for the person appointed under section 26(1) of the Act to arrange a hearing or decide whether or not to proceed by way of written representations or a hearing.

Regulations 11, 12, 13 and 14 of these Regulations provide for the procedure to be followed and for the powers exercisable by a person appointed under section 26(1) of the Act in relation to the determination of an appeal under section 20, 23 or 25 of the Act.