[F126GCompensation under section 26D, 26E and 26F – further provisionE+W
(1)Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales.
(2)A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period.
(3)Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber—
(a)if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling;
(b)where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given.
(4)In calculating compensation that is payable under section 26D or 26F—
(a)no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees;
(b)the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim.
(5)If—
(a)after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or
(b)after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked,
then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection.
(6)For the purposes of subsection (5)(a), the relevant person is—
(a)the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or
(b)if the applicant no longer has such estate or interest, a person who has such estate or interest.
(7)For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1).
(8)Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.]
Textual Amendments
F1Ss. 26A-26G 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. 41, 56(1)(a); S.I. 2023/1092, art. 3(a)