Forestry Act, 1946
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Attachment of contributing condition to limited felling licences. |
42.—(1) The Minister may, if he so thinks fit, attach to a limited felling licence (other than a limited felling licence relating exclusively to an exempted tree or trees) a condition that, before any tree is uprooted or cut down under the authority conferred by the licence, the licensee shall pay to the Minister, by way of contribution to the expenses of the administration of the public services relating to forestry, such sum (to be specified in such condition) as the Minister thinks reasonable having regard to the expense which, in the opinion of the Minister, the licensee would, if replanting conditions were attached to the licence and compliance therewith were practicable, have had to incur to comply therewith. | |
(2) A contributing condition shall not be attached to a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions. | ||
(3) The following provisions shall apply and have effect in relation to every contributing condition attached to a limited felling licence, that is to say:— | ||
(a) such contributing condition shall be expressed and shall operate to impose on the licensee an obligation to pay to the Minister, before any tree is cut down or uprooted under the authority conferred by the licence, the contribution specified in the licence; | ||
(b) if any tree or trees to which the licence relates is or are cut down or uprooted under the authority conferred by the licence and the contribution has not been paid to the Minister before such cutting down or uprooting— | ||
(i) the licensee 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 cut down or uprooted, | ||
(ii) the Minister may, upon such conviction, recover the contribution from the licensee or from his executors or administrators in any Court of competent jurisdiction as a simple contract debt, | ||
(c) if none or one or more but not all of the trees to which the licence relates is or are cut down or uprooted under the authority conferred by the licence, the Minister may, if he so thinks fit, refund the contribution in whole or in part. | ||
(4) The licensee under a limited felling licence to which a contributing condition is attached may, at any time before payment of the contribution, surrender the licence with the consent of the Minister. |