Forestry Act, 1946

Reference of certain matters to a referee.

56.—(1) Where—

(a) an application for a limited felling licence is refused in whole or in part, and the applicant or any of his successors in title to the land on which stands the tree to which the application related objects to such refusal, or

(b) the Minister grants a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, and the licensee or any of his successors in title to the land specified in such condition or conditions objects to the attachment of such condition or conditions or to the terms of such condition or conditions, or

(c) the Minister grants a limited felling licence to which there is attached a contributing condition and the licensee objects to the attachment of the contributing condition or to the amount of the contribution, or

(d) the Minister terminates the authority conferred by a limited felling licence and the licensee or any of his successors in title to the land on which stands or stood the tree to which the licence relates objects to such termination, or

(e) the Minister, having terminated the authority conferred by a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, refuses to modify such condition or conditions, and the licensee or any of his successors in title to the land specified in such condition or conditions objects to such refusal, or

(f) the Minister, having terminated the authority conferred by a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, modifies such condition or conditions and the licensee or any of his successors in title to the land specified in such condition or conditions objects to the extent of the modification, or

(g) the Minister, having terminated the authority conferred by a limited felling licence to which there is attached a contributing condition, refuses to make a refund of the contribution and the licensee or his personal representatives objects or object to such refusal, or

(h) the Minister, having terminated the authority conferred by a limited felling licence to which there is attached a contributing condition, makes a refund of part of the contribution and the licensee or his personal representatives objects or object to the amount of the refund, or

(i) the Minister makes a utilisation (exempted trees) order to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, and the person to whom the order is granted or any of his successors in title to the land specified in such condition or conditions objects to such attachment or to the terms of the condition or conditions so attached, or

(j) the Minister makes a replanting order in respect of any person and that person or any of his successors in title to the land to which the order relates objects to the order or to the terms thereof, the objector or objectors may, in accordance with subsection (2) of this section, require his or their objection to be referred to a referee.

(2) Every requisition under subsection (1) of this section shall—

(a) be in the prescribed form and state the grounds on which the requisition is based,

(b) be sent to the Minister in the prescribed manner and within the prescribed time, and

(c) be accompanied by the prescribed fee.

(3) Whenever a requisition duly made under the foregoing provisions of this section is received by the Minister, he shall cause the subject-matter of such requisition (that is to say, the matter which is required by such requisition to be referred to a referee) to be referred for examination to a referee nominated by the Minister from the panel of referees established and maintained in pursuance of this Act.

(4) Every referee to whom a requisition is referred under this section shall examine the subject-matter of such requisition and report in writing to the Minister the result of such examination.

(5) The Minister shall consider every report sent to him under subsection (4) of this section and shall send a copy of such report to the person who made the requisition to which it relates and the Minister shall then either, as he shall think proper,—

(a) confirm his action in the matter which was the subject of such requisition, or

(b) take such action as may in his opinion be appropriate to meet (wholly or to such extent as appears to him to be proper) the objection which was the subject-matter of such requisition.

(6) In the exercise of his powers under subsection (5) of this section, the Minister may, without prejudice to the generality of the powers conferred by that subsection,—

(a) modify any replanting conditions attached to a limited felling licence, to which the relevant requisition under this section related, in like manner as he is empowered, under subsection (5) of section 41 of this Act, in the circumstances set out in that subsection, to modify replanting conditions, and such modification shall have effect as if it were in fact a modification by virtue of the said subsection (5);

(b) modify any preservation condition or conditions attached to a limited felling licence, to which the relevant requisition under this section related, in like manner as he is empowered under subsection (6) of section 41 of this Act, in the circumstances set out in that subsection, to modify preservation conditions, and such modification shall have effect as if it were in fact a modification by virtue of the said subsection (6);

(c) modify any contributing condition attached to a limited felling licence, to which the relevant requisition under this section related, either by withdrawing the condition or reducing the amount of the contribution specified in such condition;

(d) withdraw any limited felling licence, to which the relevant requisition under this section related, and grant in lieu thereof a fresh limited felling licence in the manner specified in section 40 of this Act and, if he thinks fit, attach to such fresh licence either—

(i) any one or more of the following conditions, namely, replanting conditions and preservation conditions, or

(ii) a contributing condition;

(e) in any case in which the relevant requisition under this section related to a utilisation (exempted trees) order, make a fresh utilisation (exempted trees) order in like manner as if the original order, to which the said requisition related, had not been made, and the making of such fresh utilisation (exempted trees) order shall be deemed to render the said original order void;

(f) in any case in which the relevant requisition under this section related to a replanting order, make a fresh replanting order in like manner as if the original order, to which the said requisition related, had not been made, and the making of such fresh replanting order shall be deemed to render the said original order void.

(7) Whenever the Minister takes any action to meet, wholly or partially, the objection which was the subject-matter of a requisition under this section, the fee paid on the making of such requisition shall be returned to the person who made such requisition.