Forestry Act 1967, Section 9
What this means for your business
- Enforced by
- Environment Agency, Forestry Commission, NRW
- Applies to
- United Kingdom
- On this page
- 8 compliance obligations, 2 practical guides across 2 topics
What you must do
8 compliance obligations under this legislation.
Management duties 1
Obtain approval before amending treeāpreservation licence
If you want to change a licence that covers trees protected by a Tree Preservation Order, you must wait until the Natural Resources Body for Wales has notified the authority that made the order and any objections have been dealt with, or until Welsh Ministers have given consent. You cannot carry out the amendment until those conditions are satisfied.
Offences and prohibitions 7
Breach of forestry byelaws (incl. New Forest)
Fine up to Ā£500If you or your business ignore a byelaw made under this section for land managed by the Forestry Commission (or the New Forest Commissioners), you commit a criminal offence. On summary conviction you can be fined up to Ā£500, plus a further 50p per day for any continuing breach. No prison term is provided for this offence.
Fail to comply with forestry notice after interest transfer
Unlimited fineIf the Natural Resources Body for Wales (or the Forestry Commission) serves you with a notice requiring specific steps to be taken on land you own or have an interest in, and you do not carry out those steps within the period shown on the notice, you commit a criminal offence. On a summary conviction you face an unlimited fine. No prison term is mentioned.
Fail to comply with Forestry notice to remedy felling default
Unlimited fineIf the Forestry Commission (or the relevant forestry authority) serves you with a notice requiring you to carry out work or take steps to correct a breach of a felling licence condition or felling direction, and you do not do so within the time set out in the notice, you commit a criminal offence. On summary conviction you face an unlimited fine, and prosecution must begin within six months of discovery but no later than two years after the offence.
Fail to give or falsify landāinterest information when required
Fine up to Ā£200If you are an occupier, landlord or landowner and the Forestry Commission asks you in writing for details of your interest in the land (who else has an interest, mortgagees, etc.) you must provide accurate information. Failing to reply, or deliberately giving false details, is a criminal offence. On conviction you face a fine of up to Ā£200 (summary court) and no prison term.
Fail to take steps required by a Forestry notice
Unlimited fineIf the Natural Resources Body for Wales serves you a notice requiring you to take steps because you have breached a condition of a treeāfelling licence, and you do not take those steps (without a reasonable excuse), you commit a criminal offence. On summary conviction you face an unlimited fine. No imprisonment is provided for this breach.
Obstruct a forestry enforcement officer
Fine up to Ā£1,000If you prevent or hinder a Forestry Commission, Natural Resources Wales or any authorised officer from carrying out their duties ā for example stopping them entering land, inspecting timber or removing people ā you commit a criminal offence. On conviction in the magistratesā court you face a fine of up to Ā£1,000.
Unauthorised tree felling
Unlimited fineIf you cut down a tree without first obtaining a felling licence where the law requires one, you commit a criminal offence. On conviction you will be fined ā the amount is unlimited ā and the case will be dealt with in the Magistrates' Court. The offence applies to anyone who carries out the unauthorised felling, including businesses and landowners.
Penalties for non-compliance
7 penalties under this legislation. 4 carry an unlimited fine.
Fail to comply with forestry notice after interest transfer
Unlimited fine
Fail to comply with Forestry notice to remedy felling default
Unlimited fine
Fail to take steps required by a Forestry notice
Unlimited fine
Unauthorised tree felling
Unlimited fine
Obstruct a forestry enforcement officer
Fine up to Ā£1,000
Breach of forestry byelaws (incl. New Forest)
Fine up to Ā£500
Fail to give or falsify landāinterest information when required
Fine up to Ā£200
Practical guidance
Our guides explain how to comply with the requirements above.
Apply for a tree felling licence
How to apply for a tree felling licence from the Forestry Commission under the Forestry Act 1967. Covers when a ā¦
Trees and hedgerows: quick reference for businesses
Quick reference covering felling licence thresholds, Tree Preservation Order penalties, hedgerow notification periods, conservation area rules, restocking obligations, and key ā¦
Sections and provisions
73 classified provisions from this legislation.
Duties 5
Offences and penalties 7
- s.17 Penalty for felling without licence.
- s.24C Variation of conditions or suspension or revocation of licence following breach of condition: Wales
- s.24D Notice to subsequent estate or interest holder requiring steps to be taken
- s.24 Notice to require compliance with conditions or directions.
- s.30 Service of documents.
- s.46 Appropriate legislative authority's power to make byelaws.
- s.48 Powers of entry and enforcement.
Powers 9
- s.6 Requirements for haulage facilities.
- s.7A Incidental powers of Commissioners
- s.7AA Renewable energy installations
- s.8 Miscellaneous powers of Commissioners.
- s.24B Restocking orders after conviction under section 24 in England
- s.26 Expenses etc. in connection with notices under s. 24 , s. 24C(3) or s. 24D(2).
- s.28 Identification of trees.
- s.32 Regulations.
- s.40 Compulsory purchase of land.
Definitions 12
- s.1 The Forestry Commission.
- s.7B Delegation of functions of Commissioners: Scotland
- s.7C Delegation of functions under section 7B: community bodies
- s.14 Tree-felling in accordance with approved working plan etc.
- s.21 Courses open to person adversely affected by felling directions.
- s.24E Suspension, amendment or revocation of tree felling licence where no breach of condition: Wales
- s.26F Compensation following receipt of a notice given under section 24E(2)
- s.26D Compensation following receipt of a notice given under section 24C(3)
- s.34 Meaning of āownerā in Part II.
- s.35 Interpretation of other expressions in Part II.
- s.49 Interpretation.
- s.50 Transitional provisions, repeals and savings.
Exemptions 8
- s.5 Forestry dedication covenants ....
- s.9 Requirement of licence for felling.
- s.15 Trees subject to preservation order under Planning Acts.
- s.17A Power of Commissioners to require restocking notice after unauthorised felling.
- s.19 Restrictions on appropriate forestry authority's power under s. 18.
- s.26C Further provision about appeals brought under sections 26A and 26B
- s.36 Application of Part II to London.
- s.39 Power of Minister to acquire and dispose of land.