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Part VIIS Special Controls

Chapter IS Trees

Tree preservation ordersS

162 Orders affecting land where Forestry Commissioners interested.S

(1)In relation to land in which the Forestry Commissioners have an interest, a tree preservation order may be made only if—

(a)there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under a forestry dedication agreement, and

(b)the Commissioners consent to the making of the order.

(2)For the purposes of subsection (1), the Forestry Commissioners have an interest in land if—

(a)they have made a grant or loan under section 1 of the M1Forestry Act 1979 in respect of it, or

(b)there is a forestry dedication agreement in force in respect of it.

(3)A tree preservation order in respect of such land shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under a forestry dedication agreement or under the conditions of a grant or loan made under section 1 of the Forestry Act 1979.

(4)In this section—

(a)a forestry dedication agreement” means an agreement entered into with the Commissioners under section 5 of the M2Forestry Act 1967; and

(b)references to provisions of the Forestry Act 1967 and the Forestry Act 1979 include references to any corresponding provisions replaced by those provisions or by earlier corresponding provisions.

Marginal Citations