Forestry Act 1947
| Jurisdiction | UK Non-devolved |
| Citation | 1947 c. 21 |
Forestry Act , 1947.
(10 & 11 Geo. 6.) CHAPTER 21.
An Act to provide for the dedication of land to forestry purposes; for the deduction from compensation of grants made by the Forestry Commissioners in the event of compulsory purchase of the land in respect of which the grants were made; and for the execution on behalf of the Secretary of State of instruments relating to land placed at the disposal of the Forestry Commissioners.
[27th March 1947]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Forestry dedication covenants (England).
1 Forestry dedication covenants and enforcement thereof.
(1) In this Act the expression ‘forestry dedication covenant’ means a covenant entered into with the Forestry Commissioners (in this Act referred to as ‘the Commissioners’) to the effect that land shall not, except with the previous consent in writing of the Commissioners or, in case of dispute, under direction of the Minister of Agriculture and Fisheries, be used otherwise than for the growing of timber (within the meaning of section three of the Forestry Act, 1919 ) in accordance with the rules or practice of good forestry or for purposes connected therewith, being a covenant not containing any expression of intention contrary to the application of section seventy-nine of the Law of Property Act, 1925 (which provides that, unless a contrary intention is expressed, a covenant relating to any land of a covenantor or capable of being bound by him shall be deemed to be made by the covenantor on behalf of himself or his successors in title and the persons deriving title under him or them).
(2) As respects the enforcement of a forestry dedication covenant against persons other than the covenantor the Commissioners shall have the like rights as if they had at all material times been the absolute owners in possession of ascertained land adjacent to the land in respect of which the covenant is sought to be enforced and capable of being benefited by the covenant, and the covenant had been expressed to be for the benefit of that adjacent land.
(3) Section eighty-four of the Law of Property Act, 1925 (which confers power to discharge or modify restrictive covenants) shall not apply to a forestry dedication covenant.
(4) This section shall not extend to Scotland.
2 Power of tenants for life, etc., to enter into forestry dedication covenants.
(1) A tenant for life may enter into a forestry dedication covenant relating to the settled land or any part thereof either for consideration or gratuitously, and—
(a ) this subsection shall be construed as one with the Settled Land Act, 1925 ;
(b ) that Act, and section twenty-eight of the Law of Property Act, 1925 (which confers the powers of a tenant for life on trustees for sale), shall apply as if the power conferred by this subsection had been conferred by that Act; and
(c ) for the purposes of section seventy-two of that Act (which relates to the mode of giving effect to a disposition by a tenant for life and to the operation thereof), and of any other relevant statutory provision, entering into a forestry dedication covenant shall be treated as a disposition.
(2) A university or college to which the Universities and College Estates Act, 1925 , applies may enter into a forestry dedication covenant relating to any land belonging to it either for consideration or gratuitously, and that Act shall apply as if the power conferred by this subsection had been conferred by that Act.
(3) Where land is glebe land or...
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