(1)Subject to the provisions of this Act (and, in particular, to the duty of the Commissioners to take advice under section 37(3), if it appears to the Commissioners that it is expedient in the interests of good forestry, or for purposes connected with their duty of promoting the establishment and maintenance F1. . . of adequate reserves of growing trees, that any growing trees should be felled—
(a)in order to prevent deterioration or further deterioration in the quality of the timber comprised therein; or
(b)in order to improve the growth of other trees,
they may give directions (in this Act referred to as “felling directions”) to the owner of the trees requiring him to fell them within such period, being not less than two years after the directions have become operative, as may be specified in the directions.
(2)In considering whether to give felling directions, the Commissioners shall have regard to the interests of agriculture and the amenity or convenience of any farm or dwelling-house or park usually occupied with a dwelling-house, or of any land held inalienably by the National Trust or the National Trust for Scotland.
(3)Felling directions given by the Commissioners shall contain a statement of the grounds upon which they are given.
(4)A person who is given felling directions by the Commissioners may comply with the directions notwithstanding any lease, covenant or contract relating to the trees or land affected by the directions.
(5)In the case of trees to which a tree preservation order relates, felling directions given by the Commissioners after the date on which the order comes into force shall, notwithstanding anything in the order, be sufficient authority for the felling.
Textual Amendments
F1Words in s. 18(1) omitted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)