Forestry Act, 1946

Transitory provisions.

57.—(1) During the period of two years commencing on the operative date, the provisions of subsection (1) of section 37 of this Act shall not apply to the uprooting or cutting down of any tree if—

(a) a felling notice under the Act of 1928 in relation to the tree has, within two years before the operative date, been given in accordance with section 5 of the Act of 1928, and

(b) the tree is uprooted or cut down (as the case may be) not later than two years from the date on which such notice was so given, and

(c) in case the said notice was so given within twenty days before the operative date, more than twenty days have expired since the date on which the said notice was so given.

(2) Where a felling notice under the Act of 1928 has been given not earlier than the twentieth day before the operative date,—

(a) the reference, in subsection (1) of section 39 of this Act, to a felling notice under this Act shall, during the period of twenty days commencing on the operative date, be construed as including a reference to the said felling notice under the Act of 1928;

(b) the first reference, in subsection (2) of the said section 39 , to a felling notice under this Act shall be construed as including a reference to the said felling notice under the Act of 1928, and

(c) the reference, in paragraph (b) of the said subsection (2), to the place named in the said felling notice under this Act for the service of a prohibition order under this Act shall be construed as including a reference to the place named in the said felling notice under the Act of 1928 for the service of documents under the Act of 1928.

(3) During the period of two years commencing on the operative date, the provisions of subsection (1) of section 37 of this Act and the provisions of subsection (3) of section 39 of this Act shall not apply to the uprooting or cutting down of any tree if the tree is uprooted or cut down under the authority conferred by a felling licence under the Act of 1928.