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Utilisation (exempted trees) orders.
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46.—(1) Where—
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(a) a felling notice under this Act has been given relating wholly or partly to a tree or trees stated therein to be an exempted tree or exempted trees, and
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(b) either—
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(i) a period of twenty-one days has elapsed since such notice was given and the Minister has not, during that period, made a prohibition order under this Act in relation to such tree or trees, or
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(ii) a prohibition order under this Act has been duly served and the Minister has granted a limited felling licence relating wholly or partly to such tree or trees, and
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(c) the owner of the land on which such tree or trees stood applies (in the prescribed form and manner) to the Minister for an order authorising such tree or trees to be used or dealt with for a purpose or purposes other than that or those stated in such felling notice,
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the Minister may grant to such person an order authorising the said tree or trees to be used or dealt with for the purpose or purposes mentioned in the application.
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(2) Whenever the Minister grants a utilisation (exempted trees) order (other than a utilisation (exempted trees) order which solely authorises a tree or trees to be used for a purpose or purposes the use of the tree or trees for which, if indicated in the felling notice relating to the tree or trees, would have rendered the tree or each of the trees, as the case may be, an exempted tree),—
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(a) he may, if he thinks fit, attach to the order the following conditions, that is to say:—
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(i) a condition (in this section referred to as the planting condition) that the person to whom such order is granted shall, before the expiration of a specified period of not less than twelve months after the date on which the order is granted or the expiration of such (if any) extension of that period as the Minister may in his discretion allow, plant, in accordance with the general practice of good forestry, on specified land in the ownership of such person at the date of the order either (as the Minister thinks fit and specifies in the order) a specified number of trees of a specified kind or such numbers of trees of various specified kinds as the Minister specifies,
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(ii) a condition (in this section referred to as the protection condition) that, until the expiration of eleven years from the date on which the order is granted or a period of ten years from the date of planting, whichever period expires last, the person to whom the order is granted shall preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the planting condition and shall for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals,
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(b) where the Minister attaches to the order the planting condition and the protection condition, he may also attach to the order a condition that the person to whom the order is granted shall, before planting any tree in pursuance of the planting condition, fence the place in which such tree is to be planted in such manner as will effectively protect such tree when planted from being injured or destroyed by the trespass of any animals.
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(3) Whenever the Minister grants a utilisation (exempted trees) order (other than a utilisation (exempted trees) order which solely authorises a tree or trees to be used for a purpose or purposes the use of the tree or trees for which, if indicated in the felling notice relating to the tree or trees, would have rendered the tree or each of the trees, as the case may be, an exempted tree):—
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(a) he may, if he thinks fit, attach to the order a condition (in this section referred to as the maintenance condition) that, until the expiration of a period of eleven years from the date on which the order is granted, the person to whom the order is granted shall preserve, in accordance with the general practice of good forestry, trees which are growing at the date of the grant of the order on specified land in the ownership of such person at the date of the order and also trees which, in consequence of natural regeneration, commence to grow on such specified land, or which are planted thereon, subsequent to the date of the order, and shall for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect every such tree from being injured or destroyed by the trespass of any animals;
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(b) where the Minister attaches to the order the maintenance condition, he may also attach to the order a condition that the person to whom the order is granted shall, before the expiration of a period of twelve months from the date on which the order is granted, fence the land specified in the maintenance condition in such manner as will effectively protect all trees growing thereon or which may grow thereon from being injured or destroyed by the trespass of any animals.
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(4) The attachment of the maintenance condition to a utilisation (exempted trees) order shall not operate so as to render unlawful the uprooting or cutting down, subject to the other provisions of this Act, by the person to whom such order is granted of any tree if such uprooting or cutting down is done in the course of, and in accordance with the general practice of, good forestry.
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(5) Whenever the Minister is empowered, under subsection (2) of this section, to attach to a utilisation (exempted trees) order replanting conditions and is empowered, under subsection (3) of this section, to attach to the order a preservation condition or preservation conditions, he may, if he thinks fit, attach to the order both—
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(a) replanting conditions,
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(b) a preservation condition or preservation conditions.
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(6) Where any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a utilisation (exempted trees) order, the said condition or conditions shall be binding on the person to whom such order is granted and on each of his successors in title to the land specified in such condition or conditions.
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(7) Where—
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(a) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a utilisation (exempted trees) order, and
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(b) the person to whom such order is granted is not the occupier of the land specified in such replanting conditions,
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the protection condition shall be binding on the person who is for the time being the occupier of the said land.
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(8) Where—
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(a) any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a utilisation (exempted trees) order, and
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(b) the person to whom such order is granted is not the occupier of the land specified in such preservation condition or conditions,
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the maintenance condition shall be binding on the person who is for the time being the occupier of the said land.
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(9) If, where any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a utilisation (exempted trees) order, any person on whom that condition or any of those conditions (as the case may be) is or are binding fails to comply therewith, that person shall, in respect of every month during which such failure continues, be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such utilisation (exempted trees) order, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such utilisation (exempted trees) order, to a fine not exceeding ten pounds.
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