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Forestry Act (Northern Ireland) 2010

Type Act of the Northern Ireland Assembly

Publication 2010-06-28

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — FUNCTIONS OF THE DEPARTMENT

General duty of the Department

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(1) The Department of Agriculture and Rural Development (“the Department”) has the general duty of promoting afforestation and sustainable forestry.

(2) The Department must carry out that duty—

(a) in relation to forestry land, in such a way as to promote and encourage the enjoyment and recreational use of that land by the public; and

(b) in relation to other forests, in such a way as to promote the social benefits of those forests.

(3) In this Act—

“forest” includes woodland;

“forestry” includes—the production and supply of forest products and the maintenance of adequate reserves of growing trees;the management and development of forests so as to contribute to the protection of the environment, biodiversity and the mitigation of, or adaptation to, climate change.

“forestry land” means any land held by the Department for the purposes of any of its functions under this Act;

“forest products” means timber and other products derived from, or produced in the course of, forestry.

Principal powers of the Department

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(1) The Department may—

(a) acquire by agreement any land which it requires for the purposes of, or in connection with, the carrying out of any of its functions under this Act;

(b) dispose of any forestry land;

(c) erect such buildings and execute such other works on forestry land as the Department considers necessary for the purposes of any of its functions under this Act;

(d) make, on such terms and conditions as the Department thinks fit, payments in respect of the afforestation (including the clearing, draining, fencing, planting or replanting, and maintenance) of land to any person who—

(i) owns that land; or

(ii) appears to the Department to have a substantial estate in that land,

(e) make, on such terms and conditions as the Department thinks fit, payments for the purpose of forestry management;

(f) establish and carry on, or assist in the establishment and carrying on of, woodland industries;

(g) manage, plant and otherwise use for purposes connected with forestry any land held by the Department;

(h) acquire forest products and sell or otherwise dispose of any forest products belonging to the Department or to any other person, and generally promote the supply, sale and use of forest products;

(i) undertake, or give assistance or advice in relation to, the clearing, drainage, fencing, planting or replanting, maintenance, use, management or supervision of any forest or any land suitable for forestry.

(2) The powers of the Department under subsection (1)(h) and (i) are exercisable in relation to the forest products, forest or land of any other person only on such terms as may be agreed with that person.

Provision of facilities on forestry land

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(1) For the purpose of improving the amenity of any forestry land, the Department may provide on that land such facilities as it considers desirable.

(2) Those facilities may include—

(a) parking places, caravan parks, camping sites, shelters and toilets;

(b) places for meals and refreshments;

(c) viewing points, bridlepaths, nature trails, arboreta, wildlife enclosures, interpretative centres, conservation areas and scenic drives;

(d) such other recreational, conservational or educational facilities as the Department considers appropriate.

(3) The Department may, with the approval of DFP, impose such charges on persons making use of any facilities provided by the Department under this section as it considers reasonable.

Use or development of forestry land

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(1) The Department may use or develop forestry land for a purpose other than forestry.

(2) In determining whether and, if so, how to exercise its powers under this section the Department must have due regard to its general duty under section 1(1).

Compulsory acquisition of land

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(1) The Department may acquire compulsorily any land which it requires, whether for a limited period or otherwise, for the purposes of, or in connection with, providing or improving access to any land so as to facilitate the carrying out of any of its functions under this Act.

(2) The power of acquiring land compulsorily under subsection (1) includes power to acquire, by the creation of a new right, an easement or other right over land.

(3) Schedule 1 has effect in relation to—

(a) the compulsory acquisition of land under subsection (1); and

(b) powers of entry in connection with the compulsory acquisition of land under that subsection.

Inquiries, information, etc.

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(1) The Department may—

(a) carry on, or assist in the carrying on of, such inquiries as the Department thinks desirable for the purposes of any of its functions under this Act, and publish, assist in the publication of, or otherwise make known the result of such inquiries;

(b) collect and disseminate, or assist in the collection and dissemination of, such information as the Department thinks desirable for the purposes of promoting forestry;

(c) undertake the collection, preparation, publication and distribution of statistics relating to forestry or to any forest or land suitable for forestry.

(2) The powers under subsection (1) include powers to enter into arrangements with bodies outside Northern Ireland which carry out activities similar to those referred to in that subsection.

(3) The Department—

(a) shall provide and maintain a register providing such information as the Department considers appropriate as to the location and size of woodlands in Northern Ireland and the types of trees therein;

(b) shall publish that register in such form as the Department thinks appropriate at intervals not exceeding 10 years;

(c) may exercise the powers in subsection (1)(b) and (c) in connection with the provision or maintenance of that register.

(4) The Department may exploit any intellectual property or intangible assets arising from—

(a) the carrying out of any activity referred to in subsection (1);

(b) the exercise by the Department of its functions under section 5 of the Agriculture Act (Northern Ireland) 1949 (c. 2) (provision of instruction and undertaking of research) in relation to forestry.

(5) “Intellectual property” for the purpose of subsection (4) includes any patent, trademark, copyright, design right, registered design or plant breeder's right.

(6) Where the Department requests any person to provide or permit the collection of any information or statistics relating to any of the matters referred to in paragraphs (b) and (c) of subsection (1), that person commits an offence if—

(a) that person fails without reasonable excuse to comply with the request of the Department; or

(b) in purported compliance with the request of the Department, that person knowingly or recklessly makes a statement or gives information which is false in a material particular.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Incidental powers

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(1) For the purpose of the exercise of its functions under this Part, the Department may—

(a) enter into arrangements with other persons or bodies;

(b) form, or participate in the forming of, a body corporate;

(d) appoint a person to act as an officer of a body corporate.

(2) The powers under subsection (1)(b) to (d) are exercisable only with the approval of DFP.

(3) The power under subsection (1)(a) is exercisable for the purposes of the exercise of the functions of the Department under section 4(1) only with the approval of DFP.

PART 2 — PROTECTION OF FOREST TREES FROM DAMAGE

Control of animals in forests

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(1) This section applies where any trees growing on land falling within subsection (2) are being damaged by deer or hares (other than Irish hares).

(2) Land falls within this subsection if—

(a) it is land of 0.2 hectares or more in area which is forest; or

(b) it is land used for rearing young forest trees.

(3) The occupier of the land may take, kill or destroy any deer or hares (other than Irish hares) which are—

(a) on that land; or

(b) on any adjoining land which that person also occupies.

Control (with permission of occupier) of animals on land adjacent to forest

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(1) In this section—

“land A” means any land falling within section 8(2);

“land B” means any land—which adjoins land A; orany part of which is within 500 metres of any part of land A.

(2) The following provisions apply where the Department is satisfied that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.

(3) The Department may serve on the occupier of land B a notice—

(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and

(b) requesting that the occupier—

(i) take effective steps, within 3 months of the date of the service of the notice, to prevent the damage; or

(ii) grant permission for an authorised person to enter land B and exercise the powers conferred by subsection (4).

(4) An authorised person may with the permission of the occupier take, kill or destroy any wild animals on land B.

(5) If land A or land B is unoccupied, subsections (3) and (4) apply with the substitution of references to the owner of that land for references to the occupier.

(6) In this section “wild animal” means any animal which is living wild and is likely to damage trees, other than—

(a) a bird;

(b) the Irish hare;

Control of animals on land adjacent to forest

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(1) In this section—

“land A” means any land falling within section 8(2);

“land B” means any land—which adjoins land A; orany part of which is within 500 metres of any part of land A.

(2) Subsection (3) applies where the Department reasonably suspects that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.

(3) An authorised person may inspect land B for the purpose of establishing—

(a) which wild animals (if any) are present on the land;

(b) the number of wild animals present on the land;

(4) Subsection (5) applies where the Department is satisfied (whether as a result of an inspection under subsection (3) or otherwise) that trees growing on land A are being, or are likely to be, damaged by any wild animals present on land B.

(5) The Department may serve on the occupier of land B a notice—

(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and

(b) requesting that, within 3 months of the date of the service of the notice, effective steps be taken to prevent the damage.

(6) Subsections (7) and (8) apply if the occupier of land B does not comply with a notice served under subsection (5).

(7) An authorised person may kill, take or destroy any wild animals on land B during such period (not exceeding 12 months) as the Department may specify by notice served on the occupier of that land.

(8) Where the occupier of land A is not the Department, any costs incurred by the Department in connection with an authorised person taking action under subsection (7) are recoverable as a civil debt from the occupier of land A.

(9) If land B is unoccupied, subsections (5) to (8) apply with the substitution of references to the owner of that land for references to the occupier.

(10) In this section “wild animal” has the same meaning as in section 9.

Removal or destruction of vegetation on adjoining land

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(1) Subsection (2) applies where the Department is satisfied that, by reason of the presence of any vegetation on uncultivated land adjoining a forest, the forest is liable to be damaged by fire originating on the uncultivated land.

(2) The Department may serve on the occupier of the uncultivated land a notice—

(a) stating that the vegetation constitutes a potential danger to the forest; and

(b) requesting that, within 30 days from the date of service of the notice—

(i) any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest be removed or destroyed; or

(ii) such other measures as are specified in the notice be taken in relation to that vegetation for the purposes of reducing the risk of the forest being damaged by fire.

(3) If the occupier does not comply with a notice served under subsection (2), an authorised person may, within 4 months from the date of the service of the notice, remove or destroy any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest or take such other measures in relation to that vegetation as the Department considers appropriate for the purposes of reducing the risk of the forest being damaged by fire.

(4) If the uncultivated land is unoccupied, subsections (2) and (3) apply with the substitution of references to the owner of that land for references to the occupier.

Protection for persons acting under sections 8 to 11

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(1) A person is not guilty of an offence under—

(a) section 7(1)(a) or 7A(1)(a) of the Game Preservation Act (Northern Ireland) 1928 (c. 25), or

(b) Article 19(1) or (4) of the Wildlife (Northern Ireland) Order 1985 (NI 2),

by reason of any act falling within subsection (2).

(2) An act falls within this subsection if it is done—

(a) in pursuance of the power in section 8(3), 9(4) or 10(7); or

(b) for the purpose of complying with a notice under section 9(3) or 10(5).

(3) A person is not guilty of an offence under—

(a) section 7B or 7E of the Game Preservation Act (Northern Ireland) 1928, or

(b) Article 10(4) or 14 of the Wildlife (Northern Ireland) Order 1985,

by reason of any act falling within subsection (4).

(4) An act falls within this subsection if it is done—

(a) for the purpose of complying with a notice under section 11(2); or

(b) in pursuance of the power in section 11(3).

(5) But nothing in section 8 or 10 affects the operation of any statutory provision relating to . . . firearm licences.

Burning of vegetation

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(1) A person shall not burn any vegetation growing within one and a half kilometres of a forest which that person does not own unless that person has, within the period mentioned in subsection (2), served on the owner of the forest notice of that person's intention to burn that vegetation.

(2) That notice must be served not more than one month and not less than 14 days before the date on which it is intended to burn the vegetation.

(3) A person who burns any vegetation in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4) Where a notice has been served under subsection (1) on the owner of a forest, that owner may, within 10 days after receiving the notice, serve on the person serving the notice a counter-notice objecting to the proposed burning on the ground that it is liable to cause damage to the forest.

(5) Subsection (6) applies to a person who burns any vegetation—

(a) in contravention of subsection (1); or

(b) after receiving a counter-notice served under subsection (4).

(6) That person is liable for all damage caused by the burning to any forest in respect of which a notice was, or ought to have been, given under subsection (1); and accordingly damages are recoverable by the owner of that forest from the person burning the vegetation.

(7) Subsection (6) does not prejudice any other remedy or the rights of any other person.

Protection of forest trees, etc. from pests

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(1) The Plant Health Act (Northern Ireland) 1967 (c. 28) is amended as follows.

(2) In section 3B (matters which may be included in orders under the Act) after subsection (1) insert—

(1A) An order under this Act which contains a statement that it is made for the purpose of protecting forest trees, timber and other forest products from attack by pests, may impose such reasonable fees or other charges as the Department may, with the consent of the Department of Finance and Personnel, prescribe— (a) in connection with applications for and the issue of any licence or certificate which may be issued in pursuance of such an order in connection with the import or export of any article; (b) in respect of the performance by the Department of any service without the performance of which any requirement for the issue of such a licence or certificate would not be met.

PART 3 — FELLING OF TREES

Restriction of felling

Requirement of licence for felling

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(1) Subject to subsection (2), a person shall not fell trees growing on land of 0.2 hectares or more in area unless a licence granted by the Department under this Part (“a felling licence”) is in force authorising the felling.

(2) Subsection (1) does not apply to—

(a) the felling of trees with a diameter not exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter not exceeding 15 centimetres;

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