Forestry Act, 1946
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Restriction of use of exempted trees. |
45.—(1) Where— | |
(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 | ||
(b) either— | ||
(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 | ||
(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, | ||
it shall not be lawful for any person to use or deal with the tree or any of the trees (as the case may be) or any substantial part thereof or cause or permit the said tree or any of the said trees (as the case may be) or any substantial part thereof to be used or dealt with when cut down or uprooted in pursuance of such felling notice or in accordance with the authority conferred by such limited felling licence for any purpose other than the purpose for which it was stated in such felling notice that it was intended to use such tree except as provided by section 46 of this Act. | ||
(2) Every person who uses or deals with a tree or any part thereof or causes or permits a tree or any part thereof to be used or dealt with in contravention of this section 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 such tree. | ||
(3) Subsection (1) of this section shall not apply in respect of any tree which is dead or decayed or irremediably damaged and is useless for commercial purposes. |