The Forestry (Felling of Trees) (Amendment) (Wales) Regulations 2023

Amendments relating to claims for compensation arising from notices issued under sections 24C, 24D and 24E.

7.  After regulation 15 insert—

“Claims for compensation under sections 26D, 26E and 26F

15A.— (1) A claim for compensation made under sections 26D, and 26F of the Act by the relevant person, or, in the case of a claim made under section 26E, the person to whom the notice was given, must be made to the NRBW on Form 1A.

(2) Where the claim for compensation arises from a successful appeal of a notice given under sections 24C(3), 24D(2) or 24E(2) after which the notice is subsequently cancelled in accordance with 26C(6)(b) of the Act, the prescribed period for claiming expenses reasonably incurred by the relevant person or the person to whom the notice was given, will be eighteen months beginning on the day after the day on which the Welsh Ministers send notification of a successful appeal outcome and cancellation of the notice.

(3) Where a claim for compensation arises from a successful appeal against a suspension of a felling licence given under section 24C(3) or 24E(2), and the NRBW are subsequently directed by the Welsh Ministers to lift the suspension in accordance with 26C(6)(a)(i) of the Act, the prescribed period for claiming expenses reasonably incurred, by the relevant person, will be eighteen months after the date on which the suspension is lifted.

(4) Where a claim for compensation arises for depreciation in the value of the trees, attributable to deterioration in the quality of the timber, as a result of a successful appeal against a notice issued under section 24C(3), which is subsequently cancelled (in accordance with 26C(6)(b), or the suspension of which is lifted in accordance with 26C(6)(a)(i)), the prescribed period for the relevant person to make a claim is set out in 26G(3)(a) of the Act, unless the timber has not been felled, in which case the prescribed period is eighteen months.

(5) Where the relevant person makes a claim solely for compensation for depreciation in the value of the trees, attributable to deterioration in the quality of the timber, arising from a notice given under section 24E(2) of the Act, in accordance with 26F(2), the prescribed periods for claims are those set out in Section 26G(3) to the Act.

(6) For a claim made under section 26D, relevant person has the meaning given by section 26D(4) of the Act.

(7) For a claim made under section 26F, relevant person has the meaning given by section 26F(5) of the Act.”.