Forestry Act 1967

[^key-4002f9055d3a13466f42f0dfee75b2d1]: Words in s. 17(1)(a) omitted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 42, 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-6fde048907b924b64dd8a8461556cd7b]: S. 10(3A)(3B) inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 38(1), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-b491200187b8691e5eee7f6fc1246451]: S. 30(6) inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 43(2), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-c059fb49d46236e94320445963535e08]: Words in s. 26 heading inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(a), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-04fbe3d5d27d96ad5f5fdaaf743ab79a]: Words in s. 26(1) inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(b)(i), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-151132fcf825ae41cf3e02668e97811d]: Words in s. 26(1) substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(4)(b)(ii), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-0825a6f91e972f23a900bf127e0d1283]: Words in s. 27 heading substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(5)(a), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-64ed0a5ba8c759bbbcc542b81203ba18]: Words in s. 31 heading substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(7), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-90659a807806f19b3cb58d98e98e3ffc]: Words in s. 29(1)(a) substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(6)(a), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-e43b569827c24194c45404726db2d409]: Words in s. 29(3) substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(6)(b), 56(1)(a); S.I. 2023/1092, art. 3(a)

[^key-93c6303e481344b3c8770a9b5494c625]: Sch. 2 para. 2 omitted (19.5.2025) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 1 para. 8; S.I. 2024/265, reg. 4, Sch. 2 para. 3

[^key-e7882219e0d2f2353c17e90f1e4e7301]: S. 9 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 51(2) (with Sch. 12)

[^key-e5ce84af2c61a45eef7c9193ddcc86da]: Ss. 3A-3C inserted (18.12.2025 for specified purposes, 18.2.2026 in so far as not already in force) by Planning and Infrastructure Act 2025 (c. 34), ss. 29, 118(1)(p) (with s. 116)

6A

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6B

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6C

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6D

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

Deferred decision on application.

Felling directions.

Delegation of functions under section 7B: community bodies

Commisioners’ power to make byelaws.

Renewable energy installations

Deferred decision on application.

Renewable energy installations

Tree-felling in accordance with approved working plan etc.

Constitution, administration, etc., of Commission.

7A

• (1) For the purpose of the exercise of their functions under this Act so far as relating to ... land in England ..., or for the purpose of the exercise of their functions under section 8(1)(b) of this Act, the Commissioners may—

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

• (b) invest in a body corporate;

• (c) provide loans;

• (d) establish a charitable trust; or

• (e) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.

• (2) The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.

Delegation of functions under section 7B: community bodies

Delegation of functions of Commissioners: Scotland

Delegation of functions of Commissioners: Scotland

7B

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7C

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Requirement of licence for felling.

Conditional licences.

Felling directions.

Miscellaneous powers of Commissioners.

Consequences of acceptance by Minister of notice under s. 21

Transitional provisions, repeals and savings.

General duty of Ministers.

Requirement of licence for felling.

Restrictions on Commissioners’ power under s. 18.

Restrictions on Commissioners’ power under s. 18.

Amendments made under section 10(3A) that affect tree preservation orders

Requirement of licence for felling.

Review of refusal or conditions of licence.

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

Delegation of functions under section 7B: community bodies

Felling directions.

Review of refusal or conditions of licence.

Committees to advise Commissioners.

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

General duty of Ministers.

Penalty for felling without licence.

2A

• (1) Where under section 15(2)(a) an application, on being referred to the appropriate national authority, falls to be dealt with under the Town and Country Planning Act 1990, the appropriate national authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations.

• (2) In this paragraph, “the appropriate national authority” means—

• (a) the Secretary of State in relation to England;

• (b) the Welsh Ministers in relation to Wales.

3A

Where under section 15(3)(a) an application, on being referred to an authority who have made a tree preservation order, falls to be dealt with under the Town and Country Planning Act 1990, the authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations.

7AA

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Application for felling licence and decision of Commissioners thereon.

Miscellaneous powers of Commissioners.

Terms of compensation on refusal of licence.

Deferred decision on application.

Application for felling licence and decision of Commissioners thereon.

Conditional licences.

Application of Part II to London.

Terms of compensation on refusal of licence.

Deferred decision on application.

Commisioners’ power to make byelaws.

Transitional provisions, repeals and savings.

Constitution, administration, etc., of Commission.

Application for felling licence and decision of appropriate forestry authority thereon.

Appropriate legislative authority's power to make byelaws.

Appeal against restocking notice.

Felling directions.

Restrictions on appropriate forestry authority's power under s. 18.

Transitional provisions, repeals and savings.

Application of Part II to Crown land.

Application of Part II to London.

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

Satisfaction of certain contingent liability to Crown Estate.

Appropriate legislative authority's power to make byelaws.

Transitional provisions, repeals and savings.

Renewable energy installations

Tree-felling in accordance with approved working plan etc.

Penalty for felling without licence.

Enforcement of restocking notice.

Felling directions.

Review of felling directions.

Proceedings in respect of felling directions.

Meaning of “owner” in Part II.

Composition etc. of advisory committees.

Composition etc. of advisory committees.

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

Appropriate legislative authority's power to make byelaws.

Provisions supplementary to s. 46 for New Forest and Forest of Dean.

Appropriate legislative authority's power to make byelaws.

Transitional provisions, repeals and savings.

Short title and extent.

Application of Part II to London.

Satisfaction of certain contingent liability to Crown Estate.

Short title and extent.

Application for felling licence and decision of Commissioners thereon.

Terms of compensation on refusal of licence.

Deferred decision on application.

Review of refusal or conditions of licence.

Advisory committees.

Restrictions on appropriate forestry authority's power under s. 18.

Consequences of acceptance by Minister of notice under s. 21

Transitional provisions, repeals and savings.

Application of Part II to London.

Advisory committees.

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

Appropriate legislative authority's power to make byelaws.

Transitional provisions, repeals and savings.

Renewable energy installations

Review of refusal or conditions of licence.

Felling directions.

Restrictions on appropriate forestry authority's power under s. 18.

Advisory committees.

Appropriate legislative authority's power to make byelaws.

Miscellaneous powers of Commissioners.

Enforcement of restocking notice.

24A

• (1) Subsection (2) applies where—

• (a) a notice has been given to a person under section 24 to require compliance with the conditions of a felling licence in relation to land in England,

• (b) steps required by the notice have not been taken, and

• (c) before the time specified in the notice has expired, the person ceases to have the estate or interest in the land by reference to which the notice was served.

• (2) The Commissioners may give to the next estate or interest holder a further notice under section 24 requiring the steps that were not completed under the notice described in subsection (1) to be completed.

• (3) In subsection (2) the “next estate or interest holder” means the person who has an estate or interest in the land as is referred to in section 10(1) immediately after the person referred to in subsection (1) ceased to have the estate or interest referred to in subsection (1)(c).

• (4) The reference in subsection (1) to a notice under section 24 includes a notice given under subsection (2).

24B

• (1) This section applies where a person has been convicted of an offence under section 24(4) in England in relation to a failure to take steps required by a notice given under section 24 to remedy a default in the case of non-compliance with—

• (a) the conditions of a felling licence that relate to the restocking or stocking of land with trees, or

• (b) the requirements of a restocking notice.

• (2) The court may make a restocking order.

• (3) A restocking order is an order that requires the person to take such steps as may be specified therein to be taken within such time as may be so specified—

• (a) to restock or stock with trees the land in respect of which the notice under section 24 was given, or such other land as the court considers appropriate, and

• (b) to maintain those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years specified in the order.

• (4) In deciding whether to make a restocking order the court must have regard to—

• (a) the interests of good forestry and agriculture and of the amenities of the district to which the restocking order would relate, and

• (b) the desirability of promoting the establishment and maintenance of adequate reserves of growing trees in England.

• (5) Section 63(3) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to deal with person for breach of order etc) applies in relation to a restocking order.

10A

• (1) The provisions of this section apply if—

• (a) an amendment to a licence under section 10(3A) is proposed in respect of any trees to which a tree preservation order relates, and

• (b) the Natural Resources Body for Wales does not consider that the amendment is necessary to respond to an imminent and serious risk of harm to—

• (i) natural beauty, or

• (ii) flora, fauna, geological or physiographical features, or natural habitats.

• (2) Before amending the licence, the Natural Resources Body for Wales must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

• (3) If, within the prescribed period, the authority by whom the tree preservation order was made objects to the amendment in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

• (4) If a matter is referred to the Welsh Ministers under subsection (3), the Welsh Ministers may decide to—

• (a) grant consent to the amendment, or

• (b) refuse to grant consent (in which case the amendment cannot be made).

• (5) Where the Natural Resources Body for Wales has given notice in writing under subsection (1) to an authority in respect of a proposed amendment, the proposed amendment cannot be made until—

• (a) the period prescribed under subsection (3) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

• (b) if the Natural Resources Body for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

• (6) Before deciding whether to grant or refuse consent under subsection (4), the Welsh Ministers must consult—

• (a) the person responsible (see section 10(3B));

• (b) the Natural Resources Body for Wales;

• (c) the authority by whom the tree preservation order was made.

24C

• (1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that any condition of the licence—

• (a) has not been complied with, or

• (b) is not being complied with.

• (2) But this section does not apply if the condition is one that requires works to be carried out (as to which see section 24).

• (3) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

• (a) a suspension of the felling licence, either in full or in part;

• (b) a variation or removal of a condition of the felling licence or an imposition of a new condition;

• (c) where the circumstances referred to in subsection (4) apply, a revocation of the felling licence.

• (4) The circumstances are that the condition that has not been complied with, or is not being complied with, was imposed for the purpose mentioned in section 10(2)(c).

• (5) A notice given under subsection (3) may also make provision—

• (a) requiring the person‍ to whom the notice was given to take such steps as may be specified in the notice, and

• (b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be‍ taken.

• (6) A notice given under subsection (3) must—

• (a) set out the reasons for giving the notice;

• (b) specify the condition that has not been or is not being complied with;

• (c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

• (d) if the notice varies conditions or revokes the felling licence, specify the date upon which the variation or revocation takes effect;

• (e) if the notice suspends the felling licence in part, specify the felling that may continue.

• (7) Where a notice given under subsection (3) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

• (a) the expiry of the period specified in the notice‍ in accordance with subsection (6)(c), and

• (b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

• (8) The Natural Resources Body for Wales may give a further notice under subsection (7)(b) if it considers that the suspension should be lifted sooner than the‍ end of the period specified in the notice given under subsection‍ (3).

• (9) If—

• (a) a notice given under subsection (3) requires a person to take steps in accordance with subsection (5)(a), and

• (b) those steps have not been‍ taken before the end of the period specified in that notice in accordance with subsection (5)(b),

the Natural Resources Body for Wales may enter on the land and take those steps.

• (10) A person who, without reasonable excuse, fails to take any steps required by a notice given under subsection (3) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (9)).

• (11) Proceedings in respect of an offence under subsection (10)—

• (a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

• (b) may not be commenced more than two years after the date of the offence.

• (12) A person who is required by a notice under subsection (3) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

• (13) For the purposes of this sectio‍n, “the person responsible” is—

• (a) the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

• (b) in any other case,‍ a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

24D

• (1) Subsection (2) applies where—

• (a) a notice has been given to a person under section 24C(3) requiring the person to take steps,

• (b) steps required by the notice have not been taken, and

• (c) before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given.

• (2) The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice—

• (a) requiring the steps that were not taken under the notice described in subsection (1) to be taken, and

• (b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken.

• (3) A notice given under subsection (2) must set out the reasons for giving the notice.

• (4) If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps.

• (5) A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)).

• (6) Proceedings in respect of an offence under subsection (5)—

• (a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

• (b) may not be commenced more than two years after the date of the offence.

• (7) A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

• (8) The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

24E

• (1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that felling in accordance with the licence is causing, or is likely to cause, significant harm to—

• (a) natural beauty, or

• (b) flora, fauna, geological or physiographical features, or natural habitats.

• (2) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

• (a) a suspension of the felling licence, either in full or in part;

• (b) an amendment of the felling licence;

• (c) if the Natural Resources Body for Wales considers that amending the felling licence would not prevent the harm that is being caused or is likely to be caused, a revocation of the felling licence.

• (3) A notice given under subsection (2) must—

• (a) set out the reasons for giving the notice;

• (b) specify the harm that felling in accordance with the licence is causing or is likely to cause;

• (c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

• (d) if the notice amends or revokes the felling licence, specify the date upon which the amendment or revocation takes effect;

• (e) if the notice suspends the felling licence in part, specify the felling that may continue.

• (4) Where a notice given under subsection (2) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

• (a) the expiry of the period specified in the notice‍ in accordance with subsection (3)(c), and

• (b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

• (5) The Natural Resources Body for Wales must give a further notice specifying a date under subsection (4)(b) (to bring the suspension to an end) if it considers that felling in accordance with the felling licence (as it would have effect after that date) would neither cause nor be likely to cause the harm specified in the notice that suspended the licence.

• (6) For the purposes of this section, “the person responsible” is—

• (a) the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

• (b) in any other case, a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

24F

• (1) The provisions of this section apply if—

• (a) the Natural Resources Body for Wales proposes to give a notice under section 24C(3) or 24E(2) in respect of any trees to which a tree preservation order relates, and

• (b) the proposed notice does not meet the emergency criteria.

• (2) The emergency criteria are met if the proposed notice makes no provision other than—

• (a) provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

• (i) natural beauty, or

• (ii) flora, fauna, geological or physiographical features, or natural habitats, or

• (b) provision that suspends a felling licence.

• (3) Before the Natural Resources Body for Wales gives the proposed notice it must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

• (4) If, within the prescribed period, the authority by whom the tree preservation order was made objects to the notice in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

• (5) If a matter is referred to the Welsh Ministers under subsection (4), the Welsh Ministers may decide to—

• (a) grant consent to the giving of the notice, or

• (b) refuse to grant consent (in which case the notice cannot be given).

• (6) Where the Natural Resources Body for Wales has given notice in writing under subsection (3) to an authority in respect of a proposed notice, the proposed notice cannot be given until—

• (a) the period prescribed under subsection (4) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

• (b) if the Natural Resources for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

• (7) Before deciding whether to grant or refuse consent under subsection (5), the Welsh Ministers must consult—

• (a) the Natural Resources Body for Wales;

• (b) the authority by whom the tree preservation order was made;

• (c) the applicant for the licence if the applicant has such estate or interest in the land as is referred to in section 10(1) or, in any other case, a person who has such estate or interest in the land.

26A

• (1) The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies—

• (a) the person to whom the notice was given;

• (b) a person who has such estate or interest in the land as is referred to in section 10(1);

• (c) the owner of the trees.

• (2) The grounds are—

• (a) a condition referred to in the notice has been complied with or is being complied with;

• (b) suspending or revoking the felling licence is unreasonable or disproportionate;

• (c) the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;

• (d) a step specified in the notice is unreasonable or disproportionate;

• (e) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).

• (3) A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.

• (4) An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

26B

• (1) The following persons have a right to bring an appeal against a notice given under section 24E(2) if the person thinks that any of the grounds set out in subsection (2) applies—

• (a) the person to whom the notice was given;

• (b) a person who has such estate or interest in the land as is referred to in section 10(1);

• (c) the owner of the trees.

• (2) The grounds are—

• (a) the felling is not causing the harm specified in the notice or is not likely to cause the harm;

• (b) suspending or revoking the felling licence is unreasonable or disproportionate;

• (c) an amendment to the felling licence is unreasonable or disproportionate;

• (d) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b).

• (3) An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

26C

• (1) A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period.

• (2) A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request.

• (3) But subsection (2) does not apply (and the notice may take effect immediately) to the extent that—

• (a) the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

• (i) natural beauty, or

• (ii) flora, fauna, geological or physiographical features, or natural habitats, or

• (b) the notice makes provision that suspends a felling licence.

• (4) Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27.

• (5) The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference.

• (6) After considering the report, the Welsh Ministers must—

• (a) in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)—

• (i) direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or

• (ii) give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given;

• (b) in the case of any other request, confirm or cancel the notice to which the reference relates.

26D

• (1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G.

• (2) If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable—

• (a) for any expenses reasonably incurred in connection with the giving of the notice;

• (b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice.

• (3) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable—

• (a) for any expenses reasonably incurred in connection with the suspension;

• (b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension.

• (4) For the purposes of this section “the relevant person” is—

• (a) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given;

• (b) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

• (c) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26E

• (1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24D(2), the person to whom the notice was given is entitled to compensation in accordance with this section and section 26G.

• (2) If the notice given under section 24D(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

26F

• (1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24E(2), the relevant person is entitled to compensation in accordance with this section and section 26G.

• (2) Compensation is payable for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice under section 24E(2) (regardless of whether an appeal has been brought under section 26B).

• (3) If the notice given under section 24E(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

• (4) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24E(2), compensation is payable for any expenses reasonably incurred in connection with the suspension.

• (5) For the purposes of this section “the relevant person” is—

• (a) where compensation is payable for expenses reasonably incurred, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

• (b) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26G

• (1) Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales.

• (2) A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period.

• (3) Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber—

• (a) if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling;

• (b) where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given.

• (4) In calculating compensation that is payable under section 26D or 26F—

• (a) no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees;

• (b) the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim.

• (5) If—

• (a) after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or

• (b) after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked,

then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection.

• (6) For the purposes of subsection (5)(a), the relevant person is—

• (a) the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or

• (b) if the applicant no longer has such estate or interest, a person who has such estate or interest.

• (7) For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1).

• (8) Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.

3A

• (1) The Commissioners may—

• (a) use, or enter into arrangements in connection with the use of, English forestry land for the generation, storage, transmission or supply of renewable electricity;

• (b) sell, or enter into other arrangements concerning, renewable electricity generated, stored or supplied on, or transmitted across, English forestry land;

• (c) use, or enter into arrangements in connection with the use of, English forestry land for activity that—

• (i) is intended to satisfy, or enable the satisfaction of, a relevant condition of development (whether existing or contemplated), or

• (ii) otherwise arises in connection with such a condition.

• (2) For the purposes of subsection (1)(c), a relevant condition of development is a condition of development that—

• (a) relates to renewable electricity development located wholly or partly on English forestry land, and

• (b) is intended to benefit the natural environment of land.

• (3) The exercise of the powers in subsection (1) for either of the following purposes is to be taken to be consistent with the Commissioners’ general duty under section 1(2)—

• (a) facilitating or promoting the use of renewable electricity;

• (b) obtaining funds for meeting the expenses referred to in section 41(2).

• (4) When the Commissioners are considering the exercise of those powers, section 1(3A) applies as if it included a further paragraph referring to those purposes.

• (5) In this section—

• “condition of development” means—a condition to which planning permission is subject, ora requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure);

• “English forestry land” means land placed at the disposal of the Commissioners under this Act;

• “natural environment”, in relation to land, includes—its plants, animals and other living organisms,their habitats, andits geological features;

• “renewable electricity” means electricity produced from sources other than—coal,lignite,peat,natural gas, within the meaning of the Energy Act 1976,crude liquid petroleum,petroleum products, within the meaning of the Energy Act 1976,any substance produced directly or indirectly from a substance within paragraphs (a) to (f),energy derived from any substance within paragraphs (a) to (g), ornuclear fuel;

• “renewable electricity development” means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity.

• (6) References in this section to the storage of electricity are to the storage of energy converted from electricity for the purpose of its reconversion into electricity.

3B

• (1) The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.

• (2) The cases are those where—

• (a) a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and

• (b) the capacity threshold is exceeded.

• (3) In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.

• (4) In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—

• (a) the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or

• (b) the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage.

• (5) An extension is “non-consented” for the purposes of subsection (4)(b) if—

• (a) it was enabled by an exercise of the Commissioners’ powers under section 3A, and

• (b) that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).

• (6) But an extension ceases to be “non-consented” for those purposes if—

• (a) a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and

• (b) that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).

• (7) The relevant wattage is—

• (a) 5 megawatts, if the station generates electricity from wind, and

• (b) 50 megawatts, if it does not.

• (8) The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).

• (9) In calculating the relevant wattage there is to be disregarded—

• (a) in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;

• (b) in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.

• (10) In this section—

• “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));

• “storage” is to be read in accordance with section 3A(6).

3C

• (1) Regulations under section 3B(1) may—

• (a) make provision about the process by which consent is to be sought and given or refused;

• (b) provide for consent to be given subject to conditions.

• (2) Regulations under section 3B may—

• (a) make different provision for different purposes or areas;

• (b) include consequential, incidental, supplementary, transitional or saving provision.

• (3) Regulations under section 3B are to be made by statutory instrument.

• (4) A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5) A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.