Forestry Act 1967

Part I — Forestry and Afforestation in Great Britain

The Forestry Commission.

1

• (1) The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 shall continue in existence and are in this Act referred to as “the Commissioners”.

• (1A) In this Act, “the appropriate forestry authority” means—

• (a) in relation to England ..., the Commissioners;

• (b) in relation to Wales, the Natural Resources Body for Wales.

• (2) The appropriate forestry authority shall be charged with the general duty of promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forest products ... in England and in Wales and in that behalf shall have the powers and duties conferred or imposed on them by this Act.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The appropriate forestry authority's general duty includes that of promoting the establishment and maintenance ... in England and in Wales of adequate reserves of growing trees.

• (3A) In discharging their functions under the Forestry Acts 1967 to 1979 the appropriate forestry authority shall, so far as may be consistent with the proper discharge of those functions, endeavour to achieve a reasonable balance between—

• (a) the development of afforestation, the management of forests and the production and supply of timber ..., and

• (b) the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest.

• (3B) In subsection (3A) “functions” means—

• (a) in relation to the Commissioners, functions ...;

• (b) in relation to the Natural Resources Body for Wales, functions under this Act.

• (4) The Commissioners shall, in exercising their functions under this Act, and also in exercising their powers under the Plant Health Act 1967 (which enables them to make orders for the control of timber pests and diseases), comply with such directions as may be given to them by

• (a) the Ministers in relation to the exercise of their functions as regards England ...; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution, administration etc. of Commission.

2

• (1) The Commissioners shall consist of a chairman and not more than ten other members appointed by Her Majesty by warrant under the sign manual to be Forestry Commissioners.

• (2) Of the persons for the time being appointed to be Forestry Commissioners—

• (a) at least three shall be persons who have special knowledge and experience of forestry;

• (b) at least one shall be a person who has scientific attainments and a technical knowledge of forestry; and

• (c) at least one shall be a person who has special knowledge and experience of the timber trade.

• (3) The Commissioners shall by order appoint a committee for England respectively, whose membership shall consist partly of persons who are Forestry Commissioners or officers of the Commissioners and partly of persons not exceeding three in number, who are not Forestry Commissioners or officers of the Commissioners; and the Commissioners may delegate, subject to such restrictions or conditions as they think fit, any of their functions to a committee so appointed.

• (4) Part I of Schedule 1 to this Act shall have effect with respect to the Commissioners, their staff, proceedings and other related matters and to the committee appointed under subsection (3) of this section; and Part II of that Schedule shall have effect with respect to the superannuation of Forestry Commissioners and officers employed by the Commissioners.

Appeal against restocking notice.

3

• (1) The appropriate forestry authority may manage, plant and otherwise use, for the purpose of the exercise of their functions under this Act, any land ... in England or Wales placed at their disposal by the Minister under this Act, and—

• (a) the power of the appropriate forestry authority under this subsection to manage and use any land shall, without prejudice to the generality of that power, include power to erect buildings or execute works on the land;

• (b) any timber produced on land so placed at the appropriate forestry authority's disposal shall belong to the appropriate forestry authority.

• (2) The appropriate forestry authority may undertake the management or supervision, upon such terms and subject to such conditions as may be agreed upon, or give assistance or advice in relation to the planting or management, of any woods or forests belonging to any person, including woods and forests under the management of the Crown Estate Commissioners ... or under the control of a government department, or belonging to a local authority.

• (3) The appropriate forestry authority may—

• (a) purchase or otherwise acquire standing timber, and sell or otherwise dispose of any timber belonging to them or, subject to such terms as may be mutually agreed, to a private owner, and generally promote the supply, sale, utilization and conversion of timber;

• (b) establish and carry on, or aid in the establishment and carrying on, of woodland industries.

• (4) In this section the expression “timber” includes all forest products.

Advances for afforestation.

4

Forestry dedication covenants and agreements.

5

• (1) The provisions of this section shall have effect with a view to allowing land to be devoted to forestry by means of agreements entered into with the appropriate forestry authority, being agreements to the effect that the land shall not, except with the previous consent in writing of the appropriate forestry authority or, in the case of dispute, under direction of the minister as regards England or Wales ..., be used otherwise than for the growing of timber or other forest products in accordance with the rules or practice of good forestry or for purposes connected therewith; and in this Act—

• (a) “forestry dedication covenant” means a covenant to the said effect entered into with the appropriate forestry authority in respect of land in England or Wales without an intention being expressed contrary to the application of section 79 of the Law of Property Act 1925 (under which covenants relating to land are, unless the contrary is expressed, deemed to be made on behalf of the covenantor, his successors in title and persons deriving title under him or them); . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where land in England or Wales is subject to a forestry dedication covenant,—

• (a) the appropriate forestry authority shall, as respects the enforcement of the covenant against persons other than the covenantor, have the like rights as if they had at all material times been the absolute owners in possession of ascertained land adjacent to the land subject to the covenant and capable of being benefited by the covenant, and the covenant had been expressed to be for the benefit of that adjacent land; and

• (b) section 84 of the Law of Property Act 1925 (which enables the Upper Tribunal to discharge or modify restrictive covenants) shall not apply to the covenant.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Schedule 2 to this Act shall have effect to empower limited owners, trustees and others to enter into forestry dedication covenants or agreements and to provide for matters arising on their doing so.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

• (1) The provisions of this section shall have effect where the appropriate forestry authority are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway or waterway.

• (2) Subject to the following subsections, the appropriate forestry authority may, where they are of the said opinion, make an order that the owner and occupier of any land shall afford the necessary facilities, subject to payment by the person in whose favour the order is made of reasonable rent or wayleave and of compensation for any damage caused by the haulage, and the owner or occupier shall thereupon comply with the order.

• (3) The appropriate forestry authority shall not make an order under this section until the person proposed to be required to give the said facilities has had an opportunity of being heard.

• (4) a person aggrieved by an order under this section may–

• (a) where the order is made in respect of land in England or Wales, appeal therefrom to the Minister in such manner and upon such conditions, if any, as may be prescribed by the Minister, who may thereupon revoke or vary the order; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The amount of rent or wayleave and compensation for damage which is payable in consequence of an order made under this section shall, in default of agreement, be assessed ...—

• (a) in a case relating to England or Wales, by a single arbitrator appointed by the President of the Royal Institution of Chartered Surveyors; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of damage by rabbits, hares and vermin.

7

• (1) The provision of this section shall have effect where the appropriate forestry authority are satisfied that trees or tree plants are being, or are likely to be, damaged by rabbits, hares or vermin owing to the failure of an occupier of land to destroy sufficiently the rabbits, hares or vermin on land in his occupation, or otherwise to take steps for the prevention of damage by them.

• (2) The appropriate forestry authority may, where they are so satisfied, authorise in writing any competent person to enter on the land and kill and take the rabbits, hares or vermin thereon; but before doing so they shall first give to the occupier and owner of the land such opportunity as the appropriate forestry authority think reasonable of destroying the rabbits, hares or vermin, or of taking steps for the prevention of the damage.

• (3) The appropriate forestry authority may recover from the occupier of the land the net cost incurred by them in connection with action taken by them under the foregoing subsection.

A sum recoverable under this subsection shall, in England or Wales, be recoverable summarily as a civil debt.

• (4) Anyone who obstructs a person authorised by the appropriate forestry authority in the due exercise of his powers or duties under subsection (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale; but the person authorised shall, if so required, produce his authority.

• (5) For purposes of this section—

• (a) the person entitled to kill rabbits, hares or vermin on any common land shall be deemed to be the occupier of the land; and

• (b) the expression “vermin” includes squirrels.

Miscellaneous powers of Commissioners.

8

• (1) The Commissioners may—

• (a) undertake the collection, preparation, publication and distribution of statistics relating to forestry, and promote and develop instruction and training in forestry by establishing or aiding schools or other educational institutions or in such other manner as they think fit;

• (b) make, or aid in making, such inquiries, experiments and research, and collect, or aid in collecting, such information as they may think important for the purpose of promoting forestry and the teaching of forestry, and publish or otherwise take steps to make known the results of the inquiries, experiments or research and disseminate the information;

• (c) make, or aid in making, such inquiries as they think necessary for the purpose of securing an adequate supply of timber and other forest products ... in England and in Wales.

• (2) The Commissioners may exploit any intellectual property or intangible assets arising from the carrying out of any activity referred to in subsection (1)(b).

• (3) ”Intellectual property” for the purpose of subsection (2) includes any patent, trademark, copyright, design right, registered design or plant breeder’s right.

Part II — ... Power to Control Felling of Trees

Restriction of felling

Requirement of licence for felling.

9

• (1) A felling licence granted by the appropriate forestry authority shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

• (2) Subsection (1) above does not apply—

• (a) to 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; or

• (b) to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

• (c) to the topping or lopping of trees or the trimming or laying of hedges.

• (3) Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—

• (a) where the trees have a diameter not exceeding 10 centimetres and the felling is carried out in order to improve the growth of other trees; or

• (b) where the following conditions are satisfied, that is to say—

• (i) the aggregate cubic content of the trees which are felled in the relevant territory by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed 5 cubic metres in any quarter; and

• (ii) the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed 2 cubic metres in any quarter, or such larger quantity as the appropriate forestry authority may in a particular case allow.

• (4) Subsection (1) above does not apply to any felling which—

• (a) is for the prevention of danger or the prevention or abatement of a nuisance;

• (b) is in compliance with any obligation imposed by or under an Act of Parliament, including this Act;

• (c) is carried out by, or at the request of, an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;

• (d) is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning Act 1990 or the enactments replaced by that Act ... .

• (5) Regulations made by the appropriate legislative authority under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—

• (a) they may provide for additional exceptions from the application of subsection (1) above and may in particular substitute—

• (i) in subsection (2)(a), for the reference to 8 centimetres a reference to a larger diameter;

• (ii) in subsection (3)(a), for the reference to 10 centimetres a reference to a larger diameter;

• (iii) in subsection (3)(b) for the reference to 30 cubic metres or the reference to 5·5 cubic metres in either case a reference to a larger quantity;

• (b) they may substitute in subsection (2)(a) for the reference to 15 centimetres a reference to a smaller diameter; and

• (c) they may restrict or suspend the exception in subsection (3)(b) and may in particular substitute, for the reference in sub-paragraph (i) to 30 cubic metres, or for the reference in sub-paragraph (ii) to 5·5 cubic metres, in either case a reference to a smaller quantity;

and the said subsections shall have effect with any modification made by regulations under this subsection.

• (6) In this section—

• “ electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable;

• “ electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989;

• “public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the Law of Property Act 1925 or of Part V of the National Parks and Access to the Countryside Act 1949 or Part I of the Countryside and Rights of Way Act 2000or of Part II or section 48 of the Countryside (Scotland) Act 1967) for the purpose of public recreation, or land being a disused burial ground;

• “quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;

• “relevant territory” means—England ... where the felling is carried out in England ...;Wales where the felling is carried out in Wales;

and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point 1·3 metres above the ground level; . . .

Application for felling licence and decision of Commissioners thereon.

10

• (1) An application for a felling licence may be made to the appropriate forestry authority in the prescribed manner by a person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees.

• (2) Subject to the provisions of this Act (and, in particular, to their duty to take advice under section 37(3), the appropriate forestry authority may on any such application grant the licence, or grant it subject to conditions, or refuse it, but shall grant it unconditionally except in a case where it appears to them to be expedient to do otherwise—

• (a) in the interests of good forestry or agriculture or of the amenities of the district; ...

• (b) for the purpose of complying with their duty of promoting the establishment and maintenance ... of adequate reserves of growing trees ; or

• (c) in relation to land in Wales, after consultation with the applicant for the licence, for the purpose of—