Forestry Act, 1946

Prohibition orders.

39.—(1) Whenever a felling notice under this Act has been given in relation to any tree, the Minister may, unless it is stated in such notice that the tree is intended to be uprooted for the purpose of transplantation, within but not after twenty-one days from the date on which such notice was given, make and serve on the owner by or on whose behalf the notice was given or his successor in title an order prohibiting the uprooting or cutting down of the tree.

(2) Every prohibition order under this Act consequential upon a felling notice under this Act shall be served either—

(a) by delivering it to the person on whom it is to be served, or

(b) by leaving it for him with a person of the age of sixteen years or upwards at the place named in the felling notice under this Act for the service of a prohibition order under this Act.

(3) Where—

(a) a prohibition order under the Act of 1928 in respect of any tree has been duly served in accordance with section 7 of the Act of 1928, or

(b) a prohibition order under this Act in respect of any tree has been duly served in accordance with subsection (2) of this section,

it shall not be lawful for any person to uproot or cut down or cause or permit to be uprooted or cut down such tree.

(4) If any person uproots or cuts down or causes or permits to be uprooted or cut down any tree in contravention of this section, that person shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so uprooted or cut down or caused or permitted to be uprooted or cut down.

(5) Subsection (3) of this section shall not apply to the uprooting or cutting down of any tree if the tree is uprooted or cut down under the authority conferred by a limited felling licence or a general felling licence and during the period during which such authority is exercisable.