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Attachment of replanting conditions and preservation conditions to limited felling licences.
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41.—(1) Whenever the Minister grants a limited felling licence (other than a limited felling licence relating exclusively to an exempted tree or trees),—
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(a) he may, if he thinks fit, attach to the licence the following conditions, that is to say:—
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(i) a condition (in this section referred to as the planting condition) that, if any tree or trees to which the licence relates is or are uprooted or cut down under the authority conferred by the licence, the licensee shall, before the expiration of a specified period of not less than twelve months after the date on which the authority conferred by the licence ceases to be exercisable 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 a specified part of the land on which stands the tree to which the licence relates or of other land owned by the licensee at the date of the grant of the licence, either (as the Minister thinks fit and specifies in the licence) 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 authority conferred by the licence ceases to be exercisable or a period of ten years from the date of planting, whichever period expires last, the licensee 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 licence the planting condition and the protection condition, he may also attach to the licence a condition that the licensee 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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(2) Whenever the Minister grants a limited felling licence (other than a limited felling licence relating exclusively to an exempted tree or trees),—
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(a) he may, if he thinks fit, attach to the licence 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 authority conferred by the licence ceases to be exercisable, the licensee shall preserve, in accordance with the general practice of good forestry, trees which are growing, at the date of the grant of the licence, on a specified part of the land on which stands the tree to which the licence relates or of other land owned by the licensee at the date of the licence and also trees which, in consequence of natural regeneration, commence to grow on the specified land, or which are planted thereon, subsequent to the date of the licence, 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 licence the maintenance condition, he may also attach to the licence a condition that the licensee shall, before the expiration of a period of twelve months from the date on which the authority conferred by the licence ceases to be exercisable, 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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(3) The attachment of the maintenance condition to a limited felling licence shall not operate so as to render unlawful the uprooting or cutting down, subject to the other provisions of this Act, by the licensee 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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(4) Whenever the Minister is empowered, under subsection (1) of this section, to attach to a limited felling licence replanting conditions and is empowered, under subsection (2) of this section, to attach to the licence a preservation condition or preservation conditions, he may, if he thinks fit, attach to the licence both—
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(a) replanting conditions, and
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(b) a preservation condition or preservation conditions.
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(5) Where—
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(a) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, and
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(b) the licence relates to two or more trees, and
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(c) some but not all of those trees are uprooted or cut down under the authority conferred by the licence,
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the Minister may, if he thinks fit, either—
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(i) release the licensee from the obligation to comply with all or any of the said replanting conditions, or
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(ii) reduce the number of trees to be planted by the licensee.
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(6) Where—
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(a) any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a limited felling licence, and
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(b) the licence relates to two or more trees, and
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(c) some but not all of those trees are uprooted or cut down under the authority conferred by the licence,
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the Minister may, if he thinks fit, either—
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(i) release the licensee from the obligation to comply with the said preservation condition or with both or either of the said preservation conditions, as the case may be, or
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(ii) release the licensee from the obligation to comply with the said preservation condition or conditions in so far as it relates or they relate to a particular portion of the land specified in the maintenance condition.
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(7) Where any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, the said replanting conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in such replanting conditions.
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(8) Where—
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(a) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, and
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(b) the licensee is not the occupier of the land specified in such replanting conditions,
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the protection condition, save if and in so far as the licensee is released therefrom, shall be binding on the person who is for the time being the occupier of the said land.
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(9) Where any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a limited felling licence, the said preservation condition or conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in such preservation condition or conditions.
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(10) Where—
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(a) any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a limited felling licence, and
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(b) the licensee is not the occupier of the land specified in such preservation condition or conditions, the maintenance condition (save if and in so far as the licensee is released therefrom) shall be binding on the person who is for the time being the occupier of the said land.
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(11) If, where any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a limited felling licence, 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 limited felling licence, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such limited felling licence, to a fine not exceeding ten pounds.
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