24BRestocking orders after conviction under section 24 in England

1

This section applies where a person has been convicted of an offence under section 24(4) in England in relation to a failure to take steps required by a notice given under section 24 to remedy a default in the case of non-compliance with—

a

the conditions of a felling licence that relate to the restocking or stocking of land with trees, or

b

the requirements of a restocking notice.

2

The court may make a restocking order.

3

A restocking order is an order that requires the person to take such steps as may be specified therein to be taken within such time as may be so specified—

a

to restock or stock with trees the land in respect of which the notice under section 24 was given, or such other land as the court considers appropriate, and

b

to maintain those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years specified in the order.

4

In deciding whether to make a restocking order the court must have regard to—

a

the interests of good forestry and agriculture and of the amenities of the district to which the restocking order would relate, and

b

the desirability of promoting the establishment and maintenance of adequate reserves of growing trees in England.

5

Section 63(3) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to deal with person for breach of order etc) applies in relation to a restocking order.