Felling and restocking regulations: strategic environmental assessment

Appendix B: The Forestry (Exceptions from Restriction of Felling) Regulations 1979 SI 1979/792

4. Exceptions from restriction of felling

The following shall be exceptions from the application of section 9(1) of the Act (which prohibits the felling of growing trees unless a licence is in force authorising the felling) additional to the exceptions specified in section 9(2), (3) and (4) of the Act and accordingly no licence shall be required in respect of—

(1) the felling of any tree where the Secretary of State for Defence or the Secretary of State for Trade has certified that the tree obstructs the approach of aircraft to, or their departure from, any aerodrome or hinders the safe and efficient use of air navigational or aircraft landing installations;

(2) the felling by statutory undertakers of trees on land in their occupation which obstruct the construction of any works required for the purposes of the undertaking of those undertakers or of trees which interfere with the maintenance or operation of any works vested in those undertakers;

(3) the felling of any tree by, or at the request of, a water authority established under the Water Act 1973, or an internal drainage board for the purposes of the Land Drainage Act 1976, where the tree interferes or would interfere with the exercise of any functions of that authority or board;

(4) the felling of any tree of the genus Ulmus which is affected by the disease in elms caused by the fungus Ceratocystis ulmi and commonly known as Dutch elm disease to such an extent that the greater part of the crown of the tree is dead;

(5) the felling of trees on land which is subject to an agreement entered into with the Commissioners, being an agreement to which section 5(1) of the Act refers, namely an agreement to the effect that the land shall not, except with the previous consent in writing of the Commissioners or, in the case of dispute, under direction of the Minister, 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: provided that this exception shall not apply unless—
(a) the agreement is a forestry dedication covenant or a forestry dedication agreement registered in the General Register of Sasines, and the following conditions are fulfilled, that is to say—
(i) any positive covenants or terms on the part of the owner of the land contained in the same document as the said forestry dedication covenant or agreement are at the time of the felling binding on the person who is then the owner of the land; and
(ii) the felling is in accordance with a plan of operations approved by the Forestry Commissioners under such document;

or

(b) the agreement, being an agreement relating to land situate in England or Wales, is not made under seal or, being an agreement relating to land situate in Scotland, is a forestry dedication agreement not registered in the General Register of Sasines, and the following conditions are fulfilled, that is to say—
(i) the land is at the time of the felling owned by the person or persons who entered into the agreement with the Commissioners or by the survivor or survivors of such persons; and
(ii) the felling is in accordance with a plan of operations approved by the Commissioners under the agreement.