Forestry Act 1951
| Jurisdiction | UK Non-devolved |
Forestry Act , 1951
(14 & 15 Geo. 6) CHAPTER 61
An Act to provide for the maintenance of reserves of growing trees in Great Britain and to regulate the felling of trees; to amend the procedure applicable to compulsory purchase orders under the Forestry Act, 1945; and for purposes connected with the matters aforesaid.
[1st August 1951]
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:—
Maintenance of reserve of growing trees
1 Duty of Commissioners.
(1) The duty of the Forestry Commissioners under section three of the Forestry Act, 1919, shall include the general duty of promoting the establishment and maintenance in Great Britain of adequate reserves of growing trees.
(2) In relation to the performance of their general duty under this section, the Commissioners shall from time to time, and as a general rule not less than quarterly, consult with the Home Grown Timber Advisory Committee.
Felling of trees
2 Restriction of felling.
(1) Subject to the provisions of this Act, no person shall fell any growing trees unless a licence granted by the Commissioners under this Act is in force authorising the felling.
(2) No licence shall be required under this section—
(a ) in respect of the topping or lopping of trees or the trimming or laying of hedges;
(b ) in respect of the felling of trees of a diameter not exceeding three inches or, in the case of coppice or under-wood, of a diameter not exceeding six inches;
(c ) in respect of the felling of any fruit trees or any trees standing or growing on land comprised in an orchard, garden, churchyard or public open space;
(d ) in respect of the felling of any tree for the prevention of danger or the prevention or abatement of a nuisance;
(e ) in respect of the felling of any tree in compliance with any obligation imposed by or under any Act of Parliament, including this Act;
(f ) in respect of the felling by, or at the request of, an Electricity Board of any tree which obstructs the construction by the Board of any main transmission line or other electric line, or interferes or would interfere with the maintenance or working of any such line belonging to the Board;
(g ) in respect of the felling by any person of trees of a diameter not exceeding four inches on land in his occupation or in the occupation of any tenant of his, where the felling is carried out in order to improve the growth of other trees;
(h ) in respect of the felling of any tree where the felling is immediately required for the purposes of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning Act, 1947;
(i ) in respect of the felling by any person of trees on land in his occupation or in the occupation of any tenant of his, so long as— (i) (i ) in respect of the felling by any person of trees on land in his occupation or in the occupation of any tenant of his, so long as—
(i) the aggregate cubic content of the trees which are felled by that person without a licence (exclusive of trees the felling of which without a licence is authorised by any other provision of this Act) does not exceed eight hundred and twenty-five cubic feet in any quarter; and
(ii) the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed one hundred and fifty cubic feet in any quarter, or such larger quantity as the Commissioners may in any particular case allow.
(3) Regulations made by the Commissioners under this Act may provide for such additional exceptions from the provisions of subsection (1) of this section as may be specified in the regulations; and in particular such regulations may direct that subsection (2) of this section shall have effect as if for the reference to a diameter not exceeding three inches or four inches or to eight hundred and twenty-five or one hundred and fifty cubic feet there were substituted a reference to such larger diameter or quantity as may be so specified.
(4) Regulations made by the Commissioners under this Act—
(a ) may direct that paragraph (b ) of subsection (2) of this section shall have effect as if for the reference to a diameter not exceeding six inches there were substituted a reference to such smaller diameter as may be specified in the regulations;
(b ) may restrict or suspend the exception contained in paragraph (i ) of that subsection; and in particular may direct that the said paragraph shall have effect as if for the reference to eight hundred and twenty-five or one hundred and fifty cubic feet there were substituted a reference to such smaller quantity as may be specified in the regulations.
(5) In this section ‘Electricity Board’ means an Electricity Board within the meaning of the Electricity Act, 1947, ‘electric line’ and ‘main transmission line’ have the same meaning as in the Electric Lighting Act, 1882, and the Electricity (Supply) Act, 1919, respectively, ‘public open space’ means land laid out as a public garden or used (otherwise than in pursuance of section one hundred and ninety-three of the Law of Property Act, 1925, or of Part V of the National Parks and Access to the Countryside Act, 1949) for the purpose of public recreation, or land being a disused burial ground, and ‘quarter’ means the period of three months beginning with the first day of January, the first day of April, the first day of July or the first day of October in any year; references in this section to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point five feet above the ground level, and references in this section to the cubic content of trees shall be construed as references to that content as ascertained in the prescribed manner.
3 Felling licences.
(1) An application for a licence under this Act authorising the felling of any trees may be made to the Commissioners in the prescribed manner by any person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees.
(2) Where any such application is made, the Commissioners may, if it appears to them to be expedient so to do in the interests of good forestry or agriculture or of the amenities of the district, or for the purpose of complying with their duty under section one of this Act—
(a ) refuse to grant a licence; or
(b ) grant a licence subject to any such conditions as are authorised by this section;
but in any other case shall grant a licence unconditionally:
Provided that, in considering whether to refuse or to grant a licence unconditionally or subject to any conditions, the Commissioners shall take into account any advice tendered to them by the regional advisory committee for the conservancy in which the trees are growing.
(3) The Commissioners may grant a licence under this section subject to such conditions as, after consultation with the applicant, they may determine to be expedient for securing the re-stocking or stocking with trees of the land on which the felling takes place, or of such other land as may be agreed upon between the Commissioners and the applicant, and the maintenance of such trees in accordance with the rules and practice of good forestry for a period not exceeding ten years.
(4) Where at the time of an application for a licence under this Act authorising the felling of any trees any order is in force by virtue of regulations having effect under the Supplies and Services (Transitional Powers) Act, 1945, under which the licence of any government department is required for the use or consumption of timber comprised in the trees, then if the application contains a certificate by the applicant that the timber is required for purposes of agriculture or forestry on land in the occupation of the applicant or of any tenant of his, the application shall be treated for the purposes of the said order as if it were an application for a licence thereunder authorising the use and consumption of the timber for those purposes.
(5) If it appears to the Commissioners that the applicant for a licence is not entitled to such interest in land as would enable him to comply with conditions which the Commissioners determine as aforesaid, they may give notice in writing to that effect to the applicant and may postpone consideration of the application until the person entitled to such an interest is joined as a party thereto.
(6) Unless within three months after the receipt of an application under this section (or, where a notice is given by the Commissioners within that period under subsection (5) of this section, within three months after the date on which the person entitled to such interest in the land as is mentioned in the notice is joined as a party to the application) or within such further time as may be agreed with the applicant, the Commissioners give notice to the applicant of their decision on the application (including any reference of the application under section thirteen of this Act), the provisions of this Act shall apply in relation to the application as if the licence to which it relates had been refused.
(7) Where the Commissioners refuse to grant a licence under this Act they shall give notice in writing to the applicant of the grounds for the refusal.
(8) A licence under this Act shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified in the licence.
To continue reading
Request your trial