Part IIE+W+S F1... Power to Control Felling of Trees

Textual Amendments

F1Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)

SupplementaryE+W+S

35 Interpretation of other expressions in Part II.E+W+S

In this Part of this Act—

  • “conservancy” means any area in Great Britain which may for the time being be designated by the [F2appropriate forestry authority] as a conservancy for the purpose of the performance of their functions;

  • “felling” includes wilfully destroying by any means;

  • “felling directions” means directions given by the[F2appropriate forestry authority] under section 18 of this Act for the felling of trees;

  • “felling licence” means a licence under this Part of this Act authorising the felling of trees;

  • “mortgage” and “heritable security” include any charge for securing money or money’s worth, and references to a mortgagee, or to a creditor or a debtor in a heritable security, shall be construed accordingly;

  • “prescribed” means prescribed by regulations made by the [F3appropriate legislative authority] under this Part of this Act; and

  • [F4 “ restocking notice ” shall be construed in accordance with section 17A(1) of this Act; ]

  • “tree preservation order” means an order made or having effect as if made under [F5section 198 of the Town and Country Planning Act 1990] or [F6section 160 of the Town and Country Planning (Scotland) Act 1997].

  • [F7 “ tree preservation regulations ” means regulations made under section 202A(1) of the Town and Country Planning Act 1990; ]

Textual Amendments

F6Words in s. 35 in the definition of “tree preservation order” substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 13(2)

F7Words in s. 35 inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 5 (with s. 226); S.I. 2012/601, art. 2(a)