Forestry Act 1967 (c. 10)

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

Textual Amendments

F1 Word 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)

Supplementary E+W+S

[F2 35 Interpretation of other expressions in Part II. E+W+S

In this Part of this Act—

• “conservancy” means any area in [F3 England and Wales] which may for the time being be designated by the [F4 appropriate 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[F4 appropriate 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;

• [F5 “mortgage” includes any charge for securing money or money’s worth, and references to a mortgagee are to be construed accordingly];

• “prescribed” means prescribed by regulations made by the [F6 appropriate legislative authority] under this Part of this Act; and

• [F7 “ 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 [F8 section 198 of the Town and Country Planning Act 1990] F9 ... .

• [F10 “ tree preservation regulations ” means regulations made under section 202A(1) of the Town and Country Planning Act 1990; ]]

Textual Amendments

F2 Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

F3 Words in s. 35 substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 33(a); S.S.I. 2019/47, reg. 2

F4 Words in s. 35 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 71(2) (with Sch. 7)

F5 Words in s. 35 substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 33(b); S.S.I. 2019/47, reg. 2

F6 Words in s. 35 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 71(3) (with Sch. 7)

F7 Definition inserted by Forestry Act 1986 (c. 30, SIF 54), s. 1(c)

F8 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2, para. 14(2)

F9 Words in s. 35 omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 33(c); S.S.I. 2019/47, reg. 2

F10 Words 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)