Forestry Commission and Defra
Unlimited fines and prison sentences are amongst a package of new powers introduced as part of a crackdown on illegal tree felling in England from 1st January.
Delivered as part of the Environment Act, the key changes to the Forestry Act 1967 are:
- Felling trees without a felling licence, where one was required, will carry the penalty of an unlimited fine – up from the previous limit of £2500 or twice the value of the trees felled.
- Failure to comply with a Forestry Commission Enforcement Notice and a subsequent court-ordered Restocking Order (meaning any trees felled must be replanted) will put offenders at risk of imprisonment, in addition to an unlimited fine.
- Restocking Notices and Enforcement Notices will be listed on the Local Land Charges Register, making them visible to prospective buyers of the land – potentially reducing the land’s value.
Landowners have been known to fell trees without a licence in place, in readiness to accept the fine if they are caught and penalised, to repurpose the previously wooded land for commercial reasons. These new powers will curb this illegal practice, streamline and strengthen forestry enforcement administration, and serve to protect trees, woodlands and forests.
The new provisions clarify that when an Enforcement Notice is affected by a change in landownership, the new landowner will inherit the responsibilities of an Enforcement Notice. Furthermore, the new clauses will reclassify Restocking and Enforcement Notices as local land charges, which appear on the local land charge register. This register is routinely checked by conveyancers and will likely deter prospective buyers, removing some of the financial incentive to illegally fell trees.
Finally, the Forestry Commission will have powers to compel the landowner to provide information regarding who else has an interest in the land, including leaseholders and tenants. While the owner will be listed on HM Land Registry, demonstrating who occupies a woodland can be more challenging – these measures will improve visibility in this regard and help to better target any appropriate enforcement action.
This article was taken from Issue 200 Spring 2023 of the ARB Magazine, which is available to view free to members by simply logging in to the website and viewing your profile area.