Forestry Act, 1928

Prohibition orders.

7.—(1) Whenever a felling notice has been given in respect of any tree the Minister may, unless such tree is an exempted tree within the meaning of this section, within but not after twenty one days from the date on which such notice was so given make and serve on the owner by or on whose behalf such notice was given or his successor in title an order (in this Act referred to as a prohibition order) in the prescribed form prohibiting the cutting down or uprooting of such tree.

(2) Every prohibition order shall be served either by delivering the same to the person on whom it is to be served or by leaving it for him with a person of the age of sixteen years or upwards at the place named in the said felling notice for the service of documents under this Act.

(3) Where a prohibition order has been made in respect of any tree and has been duly served in accordance with this section, it shall not be lawful for any person to cut down or uproot or cause or permit to be cut down or uprooted such tree unless at the time such tree is cut down or uprooted or caused or permitted to be cut down or uprooted a licence has been granted by the Minister under this Act in respect of such tree.

(4) If any person cuts down or uproots or causes or permits to be cut down or uprooted any tree in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so cut down or uprooted or caused or permitted to be cut down or uprooted.

(5) For the purposes of this section the following trees shall be deemed to be exempted trees, namely—

(a) a tree which is stated in the felling notice to be intended to be uprooted for the purpose of transplantation,

(b) a tree growing or standing in a county borough or urban county district,

(c) a tree growing or standing within one hundred feet of any building,

(d) a tree which is not necessary for the ornament or protection of the holding on which it stands and is stated in the felling notice to be intended to be cut down for the purpose of using the timber thereof for the construction or repair of buildings, fences or other structures on the said holding or another holding belonging to the owner of such first-mentioned holding, or on a holding belonging to another person in the immediate neighbourhood of such first-mentioned holding, or for the construction or repair of farming implements for use on any of the said holdings,

(e) a tree which is not necessary for the ornament or protection of the holding on which it stands and which is stated in the felling notice to be intended to be cut down for the purpose of using it as domestic fuel on the holding on which it stands,

(f) a tree which is dead or decayed or irremediably damaged and useless for commercial purposes,

(g) a tree in respect of which it is stated in the felling notice that such tree is standing on land purchased before the 1st day of April, 1928, and that the whole or some part of the purchase-money of such land was lent to the purchaser thereof on the terms that such tree should be cut down and sold and the proceeds thereof applied in or towards repayment of such loan and that such loan or some part thereof is still owing at the date of such felling notice and that such tree is being cut down for the purpose of complying with the said terms of the said loan,

(h) a tree in respect of which it is stated in the felling notice that the land on which such tree is standing is subject to a mortgage or charge subsisting at the passing of this Act and that such tree together with other trees (whether included or not included in such felling notice) standing on such land is a substantial portion of the security for the payment of the moneys secured by such mortgage or charge and that such tree is being cut down for sale with the intention of applying the proceeds of such sale in or towards payment of such moneys.