Forestry Act, 1946

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Felling licences granted under section 8 of the Act of 1928.

48.—(1) In this section, the expression “existing planting condition” means a condition, relating to the planting of trees, attached to a felling licence under the Act of 1928.

(2) Every felling licence under the Act of 1928 shall, on and after the operative date, continue in force and have effect as if it were a licence authorising the licensee to uproot or cut down the tree to which the licence relates during the period which commenced on the date on which the licence was granted and ends on the second anniversary of the operative date.

(3) Where a felling licence under the Act of 1928 contains an existing planting condition, the following provisions shall have effect:—

(a) the existing planting condition shall, as on and from the operative date, cease to attach to the licence,

(b) there shall, by virtue of this subsection, be deemed, as on and from the operative date, to be attached to such licence the following conditions—

(i) a condition (in this subsection referred to as the new planting condition) that, if any tree or trees to which the licence relates are, during the period which commenced on the date on which the licence was granted and ends on the second anniversary of the operative date, uprooted or cut down, the licensee shall, within the period of three years from the operative date or within such (if any) extension of that period as the Minister in his discretion may allow, plant, in accordance with the general practice of good forestry, the number and kind of trees specified in the existing planting condition on the land specified in the licence,

(ii) a condition that the licensee shall, in case he has, in pursuance of the existing planting condition planted any tree within ten years before the operative date, fence (if he has not already done so), before the expiration of a period of six months after the operative date or the expiration of such (if any) extension of that period as the Minister may in his discretion allow, the place on which that tree has been planted in such manner as will effectively protect the tree from being injured or destroyed by the trespass of any animals or, in case he plants, in pursuance of the new planting condition, on or after the operative date, any tree, fence, before planting the tree, the place in which the tree is to be planted in such manner as will effectively protect the tree, when planted, from being so injured or destroyed,

(iii) a condition (in this subsection referred to as the protection condition) that the licensee shall, until the expiration of thirteen years from the operative date or the expiration of a period of at least ten years from the date of planting, whichever is the later, preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the new planting condition and 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,

(c) where, in pursuance of the existing planting condition, any tree has been planted by the licensee before the operative date, such tree shall be deemed to have been planted in pursuance of the new planting condition, but, notwithstanding paragraph (b) of this subsection, the protection condition attached, by virtue of the said paragraph (b), to the licence shall not require the licensee to preserve such tree after the expiration of a period of ten years from the date of planting,

(d) where two or more, but not all, of the trees to which the licence relates are uprooted or cut down under the authority conferred by the licence, the Minister, if he so thinks fit, may either—

(i) release, either in whole or in part, the licensee from the performance of the conditions attached to the licence by this subsection, or

(ii) reduce the number of trees to be planted by the licensee.

(4) Where conditions are, by virtue of subsection (3) of this section, attached to a felling licence under the Act of 1928,—

(a) the said 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 the licence,

(b) if the licensee is not the occupier of such land, the protection condition shall (save if and so far as the licensee is released therefrom) be binding on the person who is for the time being the occupier of such land.

(5) If, where any conditions are, by virtue of subsection (3) of this section, attached to a felling licence under the Act of 1928, any person upon whom any such conditions or any one of such conditions are or is binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which the failure continues and shall be liable on summary conviction thereof, in the case of a first conviction in relation to such felling licence under the Act of 1928, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such felling licence under the Act of 1928, to a fine not exceeding ten pounds.