Forestry Act, 1946

General felling licences.

49.—(1) The Minister may, whenever and so often as he thinks fit, on the application (which shall be in the prescribed form and contain the prescribed particulars) made by or on behalf of any owner of land, grant to the owner a licence authorising the doing of anything mentioned in any one (to be specified in the licence) of the following paragraphs—

(a) the uprooting or cutting down of trees in any specified wood on the land in the ordinary course of thinning, in accordance with the general practice of good forestry, that wood,

(b) the uprooting or cutting down of trees on a specified part of the land for the purpose of clearing that part with a view to replanting,

(c) the uprooting or cutting down of trees in any specified wood on the land in the ordinary course of thinning, in accordance with the general practice of good forestry, that wood, and the uprooting or cutting down of trees on a specified part of the land (other than the part on which that wood stands) for the purpose of clearing that specified part with a view to replanting,

and the authorisation so conferred shall, unless sooner terminated under this section, be exercisable during such period as may be specified in the licence.

(2) The authority conferred by a general felling licence may be terminated by the Minister at any time by notice in writing of such termination served on the person for the time being entitled to the land to which the licence relates.

(3) There shall be attached to every general felling licence which authorises the uprooting or cutting down of trees for the purpose of clearing land with a view to replanting conditions that the licensee—

(a) shall, within a specified period of not less than twelve months from the end of the period during which the authority conferred by the licence is exercisable or within such longer period (if any) as the Minister may in his discretion allow, plant, in accordance with the general practice of good forestry and to the satisfaction of the Minister, trees on the land so cleared, and

(b) shall, until the expiration of eleven years from the end of the period during which the authority conferred by the licence is exercisable, or ten years from the planting of such trees, whichever is the later, preserve, in accordance with the general practice of good forestry, the tree so planted and for the purpose of such preservation 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.

(4) Where conditions are attached to a general felling licence in pursuance of subsection (3) of this section, the Minister may, if he thinks fit, attach also to the licence a condition that the licensee shall, before any trees are planted in compliance with the first-mentioned condition, fence the land on which those trees are to be planted in such a manner as will effectively protect them, when planted, from being injured or destroyed by the trespass of any animals.

(5) The authority conferred by a general felling licence shall, until the expiration of the period during which the authority conferred by the licence is exercisable, be exercisable by the licensee and his successors in title to the land to which the licence relates.

(6) Where afforestation conditions are attached to a general felling licence—

(a) the said conditions shall be binding on the licensee and on each of his successors in title to the land to which the licence relates,

(b) if the licensee is not the occupier of such land, the said conditions, in so far as they relate to the preservation of trees and the maintenance of fences and other protection, shall be binding on the person who is for the time being the occupier of such land.

(7) If, where any afforestation conditions are attached to a general felling licence, any person on whom those conditions or any one of those conditions are or is for the time being binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which such failure continues, and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such general felling licence, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such general felling licence, to a fine not exceeding ten pounds.