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FORESTRY ACT (NORTHERN IRELAND) 1953 FORESTRY ACT (NORTHERN IRELAND) 1953 - LONG TITLE An Act for the advancement of forestry and for purposes connected with that matter. [17th February 1953] Responsibility of Ministry for forestry in Northern Ireland. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 1 1. The Ministry of Agriculture (in this Act referred to as "the Ministry") shall be responsible for promoting in Northern Ireland the interests of forestry, the development of afforestation, the production and supply of timber and the establishment and maintenance of adequate reserves of growing trees, and for those purposes shall exercise the functions conferred on the Ministry by this Act. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 2 Powers of Ministry, subject to approval of Ministry of Finance. 2.(1) The Ministry may, with the approval of the Ministry of Finance (a)purchase or take on lease or otherwise acquire by agreement any land which in the opinion of the Ministry (i)is suitable for forestry; or (ii)is needed for purposes connected with forestry or with the management of any wood or forest; or <(iii)must necessarily be acquired as being ancillary or supplemental to any land acquired for any of the purposes mentioned in sub-paragraphs (i) and (ii) of this paragraph; (b)sell or let any land acquired under or by virtue of this Act or any enactment repealed by this Act, or exchange any such land for any other land and (where requisite on any such exchange) pay or receive money for equality of exchange, or grant rights on or over any such land; (c)erect such buildings and execute such works as the Ministry may consider necessary for purposes connected with forestry on any land acquired by the Ministry; (d)purchase or take on lease, or otherwise acquire by agreement the right to possession of, any buildings or works required for any function of the Ministry under this Act, and sell or let or otherwise part with the possession of any buildings or works no longer required for any of those purposes; (e)make, on such terms and subject to such conditions as the Ministry may think fit, grants to any persons in respect of the afforestation (including the clearing, draining, fencing, planting or replanting, and maintenance) of land owned by those persons; (f)establish and carry on or aid in the establishment and carrying on of woodland industries; (g)promote and develop instruction and training in forestry by establishing or aiding schools or other educational institutions or in such other manner as the Ministry may think fit. (2) For the purpose of making grants under paragraph (e) of the preceding sub-section the Ministry may treat any person who appears to the Ministry to have a substantial estate or interest in any land as the owner of that land. Subs. (3) spent FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 3 Further powers of Ministry. 3.(1) The Ministry may (a)manage, plant and otherwise utilise for purposes connected with forestry any land acquired by the Ministry; (b)purchase or otherwise acquire standing timber, and sell or otherwise dispose of any timber belonging to the Ministry or, on such terms as may be agreed upon, to any other person, and generally promote the supply, sale, utilisation and conversion of timber; (c)undertake or give assistance or advice in relation to, on such terms and conditions as may be agreed upon, the clearing, drainage, fencing, planting or replanting, maintenance, utilisation, management or supervision of any wood or forest or any land suitable for forestry; (d)make or assist in the making of such inquiries, experiments and research as the Ministry may think desirable for the purpose of promoting forestry and the teaching of forestry, and publish or assist in the publication of or otherwise make known the result of such inquiries, experiments or research; (e)collect or assist in the collection of, disseminate or assist in the dissemination of, information which the Ministry may think important for the purpose of promoting forestry and the teaching of forestry, or which is, in the opinion of the Ministry, likely to arouse, stimulate or increase public interest in forestry or woodland industries: (f)undertake the collection, preparation, publication and distribution of statistics relating to forestry or to any wood or forest or land suitable for forestry; (g)make or assist in the making of such inquiries as the Ministry may think necessary for the purpose of securing an adequate supply of timber, or of promoting the sale, utilisation or conversion of timber, or of fostering the establishment or extension of woodland industries. (2) Where the Ministry requests any person to furnish or permit the collection of any information or statistics relating to any of the matters referred to in paragraphs (f) and (g) of sub-section (1) of this section, and that person (a)fails to comply with the request of the Ministry, he shall, unless he proves that he had a reasonable excuse for his failure, be guilty of an offence; (b)in purported compliance with the request of the Ministry, knowingly or recklessly makes a statement or gives information which is false in a material particular, he shall, without prejudice to his liability under any other enactment, be guilty of an offence. (3) Any person who is guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding ten pounds. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 4 Restriction of felling. 4.(1) Subject to the provisions of this section, a person shall not fell any growing tree unless a licence granted by the Ministry under this Act is in force authorising the felling. (2) A licence shall not be necessary for (a)the topping or lopping of a tree or the trimming or laying of a hedge; (b)the felling of a tree of a diameter not exceeding [seven centimetres] or, in the case of coppice or underwood, of a diameter not exceeding [fifteen centimetres]; (c)the felling of a fruit tree; (d)the felling of a tree standing or growing on land comprised in an orchard, garden or churchyard; (e)the felling of a tree for the prevention of danger or for the prevention or abatement of a nuisance; (f)the felling of a tree in compliance with any obligation imposed by or under any enactment; (g)the felling by or at the request of any electricity undertakers of a tree which obstructs or interferes with the construction, maintenance or working of any main transmission or other electric line, or which will interfere with the maintenance or working of such a line; (h)the felling of a tree where the Minister responsible for any aerodrome has certified that the tree obstructs the approach of aircraft to, or their departure from, that aerodrome or hinders the safe and efficient use of air navigational or aircraft landing installations; (i)the felling by statutory undertakers of a tree on land in their occupation which obstructs the construction of any works required for the purposes of the undertaking by those undertakers, or of a tree which interferes with the maintenance or operation of any works vested in those undertakers; <[(j)the felling of a tree by the Ministry in the course of performing any of its functions under the Drainage (Northern Ireland) Order 1973;] (k)the felling of a tree where the felling is immediately required for the purposes of carrying out development authorised under the Planning Acts (Northern Ireland), 1931 and 1944; (l)the felling by any person of a tree of a diameter not exceeding [ten centimetres] growing on land in his occupation or in the occupation of any tenant of his where the felling is carried out in order to improve the growth of other trees; <(m)the felling by any person of a tree on land in his occupation, so long as (i)the aggregate cubic content of trees which are felled by that person without a licence (other than trees the felling of which without a licence is authorised by any other provision of this Act) in any quarter does not exceed [thirty cubic metres]; and (ii)the aggregate cubic content of the trees so felled which are sold, whether before or after felling, by that person (other than trees excluded from the aggregate referred to in sub-paragraph (i) of this paragraph) in any quarter does not exceed [five cubic metres], or such larger quantity as the Ministry may allow that person to sell. (3) The Ministry may by regulations provide for such additional exceptions from the provisions of sub-section (1) of this section as may be specified in the regulations; and in particular such regulations may direct that sub-section (2) of this section shall have effect as if for any reference to a diameter or to a number of [cubic metres] there were substituted a reference to such larger diameter or number as may be specified in the regulations. (4) The Ministry may by regulations (a)direct that paragraph (b) of sub-section (2) of this section shall have effect as if for the reference to a diameter not exceeding [fifteen centimetres] there were substituted a reference to such smaller diameter as may be specified in the regulations; (b)restrict or suspend the exception contained in paragraph (m) of sub-section (2) of this section and in particular may direct that the said paragraph shall have effect as if for the reference to any number of [cubic metres] there were substituted a reference to such smaller number as may be specified in the regulations. (5) In this section the following expressions have the meanings hereby assigned to them, that is to say: "aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; "cubic content" means the cubic content of a tree as ascertained in such manner as the Ministry may by regulations prescribe; "diameter" means the diameter of a tree measured over the bark at a point [1.3 metres] above the ground level; "quarter" means the period of three months beginning with the first day of January, the first day of April, the first day of July, or the first day of October in any year; "statutory undertakings" means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, lighthouse or power undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 5 Penalty for contravention of section four. 5.(1) Any person who fells any tree in contravention of section four of this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or twice the sum which appears to the court to be the value of the tree, whichever is the higher. (2) Proceedings in respect of an offence under this section may be brought within six months of the discovery of the offence by an officer or member of the Royal Ulster Constabulary or by an officer or servant of the Ministry, but shall not be instituted more than two years after the date of the offence. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 6 Felling licences. 6.(1) An application for a licence under this Act authorising the felling of any tree (in this Act referred to as "a felling licence") shall be made to the Ministry in such form as may be prescribed and the Ministry, after considering the application, shall (a)grant the licence; or (b)grant the licence subject to any conditions authorised by sub-section (2) of this section; or (c)refuse to grant a licence for the reason authorised by sub-section (3) of this section. (2) The Ministry may grant a felling licence subject to such conditions as the Ministry and the applicant may agree to be expedient for securing the stocking or restocking with trees of the land on which the felling takes place, or such other land as may be agreed upon between the Ministry and the applicant, and the maintenance of the trees in accordance with the rules and practice of good forestry for a period not exceeding five years. (3) Where an application for a felling licence is made in respect of an immature tree, the Ministry may refuse to grant a licence in respect of that tree if it considers that the felling would not be in accordance with the rules and practice of good forestry. (4) Where the grant of a felling licence in respect of any tree is refused the Ministry shall give notice in writing to the applicant of the grounds for the refusal. (5) A felling licence shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified in the licence. Subs.(6) spent (7) In this section the expression "immature tree" means a tree which in the opinion of the Ministry is growing and will continue to grow at an economic rate. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 7 Appeals against Ministry's decision. 7.(1) Any person who is aggrieved by the refusal of the Ministry to grant a felling licence in respect of any tree may, within one month of receiving from the Ministry notice in writing of that refusal, appeal, in accordance with such county court rules as may be made in that behalf, to the county court having jurisdiction in the area in which the tree to which the application related is growing and that court, whose decision shall be final, shall have power to confirm, modify or reverse the decision of the Ministry. (2) Where the Ministry refuses to grant a felling licence in respect of a number of trees growing in a wood or forest which is situate partly in the area of one civil bill division and partly in the area of another, the Ministry may direct that for the purposes of any appeal against the refusal of the Ministry, the whole of that wood or forest shall be deemed to be in such of those divisions as may be specified in the direction. S.8 rep. in pt. by SLR 1973, residue spent Destruction of rabbits, hares or deer. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 9 9.(1) Where any trees are (a)growing in any plantation to which this section applies; and (b)being damaged by rabbits, hares or deer; (i)in that plantation; or (ii)on any land in his occupation adjoining that plantation. (2) In any prosecution for killing, taking or destroying rabbits, hares or deer at a time not permitted by law it shall be a good defence for the person charged to prove that (a)he is the occupier of a plantation to which this section applies; and (b)the trees growing in that plantation are being damaged by rabbits, hares or deer; and (c)the rabbits, hares or deer were killed, taken or destroyed in that plantation or on any land in his occupation adjoining that plantation. (3) In this section the expression "plantation" means (a)any woodland, of [one hectare] or more in area, used for the production of timber for commercial purposes; and (b)any nursery land used for rearing young forest trees. (4) Nothing in this section shall relieve any person from the necessity of complying with the provisions of any enactment for the time being in force relating to game certificates or to gun licences. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 10 Prevention of damage caused by rabbits and vermin. 10.(1) Where the Ministry is satisfied that trees growing on any land (in this section referred to as "the planted land") are being, or are likely to be, damaged by rabbits or vermin present on any land (in this section referred to as "the infested land") in the vicinity of the planted land, the Ministry may serve on the occupier of the infested land, or if that land is unoccupied on the owner thereof, a notice in writing (a)stating that trees growing on the planted land are being, or are likely to be, damaged by rabbits or vermin present on the infested land; and (b)requesting that, within three months of the service of the notice, effective steps be taken to prevent the damage. (2) If the occupier, or as the case may be the owner of the infested land does not comply with the notice served in accordance with sub-section (1) of this section the Ministry may authorise in writing a person to enter on the infested land and kill, take or destroy the rabbits or vermin thereon during any specified period not exceeding twelve months. (3) In any prosecution for killing any rabbits at any time not permitted by law it shall be a good defence for the person charged to prove that he was acting pursuant to (a)a notice served in accordance with sub-section (1) of this section; or (b)an authorisation given in accordance with sub-section (2) of this section. (4) In this section the expression "vermin" includes any wild animals (other than rabbits, hares or deer) likely to damage trees. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 11 Burning of vegetation. 11.(1) A person shall not burn any vegetation growing within [one and a half kilometres] of a wood or forest which he does not own unless he has, within one month and at least fourteen days before commencing to burn that vegetation, served on the owner of the wood or forest notice in writing of his intention to burn that vegetation. (2) A person who burns any vegetation in contravention of sub-section (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (3) Where, in accordance with sub-section (1) of this section, a notice has been served on the owner of a wood or forest, that owner may within ten 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 wood or forest. (4) A person who burns any vegetation (a)in contravention of sub-section (1) of this section; or (b)after receiving a counter notice served in accordance with sub-section (3) of this section; Removal or destruction of vegetation on land adjoining woods. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 12 12.(1) Where the Ministry is satisfied that, by reason of the presence of any vegetation on uncultivated land adjoining a wood or forest, the wood or forest is liable to be damaged by fire originating on the land the Ministry may serve on the occupier, or if the land is unoccupied on the owner, a notice in writing (a)stating that the vegetation constitutes a potential danger to the wood or forest; (b)requesting that any vegetation growing on the part of the land within a distance of [fifteen metres] from the boundary of the wood or forest be removed or destroyed within thirty days after the service of the notice. (2) If the occupier, or as the case may be the owner, does not comply with a notice served in accordance with sub-section (1) of this section the Ministry may authorise in writing a person to enter on the land within four months from the service of the notice, and remove or destroy any vegetation growing on the part of the land within a distance of [fifteen metres] from the boundary of the wood or forest. (3) Where, pursuant to (a)a notice served in accordance with sub-section (1) of this section; or (b)the power conferred by sub-section (2) of this section; Identification of trees. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 13 13. Any person authorised by the Ministry may take such steps, whether by marking or otherwise, as the Ministry may consider necessary for identifying trees for the purposes of any of the functions of the Ministry under this Act. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 14 Forest parks. 14.(1) The Ministry may with the consent of the Ministry of Finance by regulation declare that any land owned by the Ministry shall be treated as a Northern Ireland forest park (in this section referred to as "a forest park") [or as a Northern Ireland forest recreation area (in this section referred to as "a forest recreation area")], and thereupon the public shall have access to that land subject to and in accordance with such byelaws as may be made under this section. [(1A) Sub-section (1) shall apply to land held by the Department under a lease in like manner as it applies to land owned by the Department but nothing in this section shall authorise anything which is contrary to the provisions of the lease. (1B) For the purpose of improving the amenity of land acquired by the Department under this Act or under any other enactment or otherwise, the Department may provide on that land such facilities as it considers desirable for such improvement and, without prejudice to the generality of this power, such facilities may include (a)parking places, caravan parks, camping sites, shelters and lavatories; (b)meals and refreshment; (c)viewing points for the public, open spaces, footpaths and bridlepaths; (d)the planting of trees to enhance the landscape; (e)the provision of nature trails, arboreta, wildlife enclosures, interpretative centres, forest conservation areas, scenic drives; (1C) The Department may, with the approval of the Department of Finance, impose such charges on persons entering all or any of the forest parks or forest recreation areas or making use of any facility provided as it considers reasonable.] (2) The Ministry may make byelaws (a)prescribing the times during which the public shall have access to forest parks [or forest recreation areas]; (b)making such provision as may appear to the Ministry to be necessary for the preservation of trees or timber in forest parks [or forest recreation areas]; (c)prohibiting or regulating any act or thing tending to injury or disfigurement of forest parks [or forest recreation areas] or the amenities thereof; (d)without prejudice to the generality of the preceding provisions of this sub-section, providing for the reasonable use of forest parks [or forest recreation areas] by the public for the purposes of exercise and recreation. (3) The Ministry may authorise persons appointed or employed by the Ministry to exercise such powers and perform such duties as the Ministry may consider necessary for the enforcement of byelaws made under this section, and in particular any person so authorised may after due warning remove or exclude from any forest park [or forest recreation area] a person who commits, or whom he reasonably suspects of committing, an offence against any byelaw made under this section or against the section which, by virtue of sub-section (1) of section fifty-seven of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935, was substituted for section four of the Vagrancy Act, 1824. (4) A person who commits an offence against any byelaw made under this section, or who obstructs any person authorised in accordance with sub-section (3) of this section, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding [#100] and, for a continuing offence, to a further fine not exceeding [#2] in respect of each day during which the offence continues.[ FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 15 Financial provisions. 15.(1) All expenditure incurred by the Ministry in carrying this Act into effect and all payments made by the Ministry under or in pursuance of any of the provisions of this Act shall, except to the extent to which the Ministry of Finance may under sub-section (2) of this section direct such expenses to be defrayed from the Consolidated Fund, be defrayed out of moneys provided by Parliament. (2) Expenditure, not exceeding in the aggregate the sum of [one million five hundred thousand pounds], incurred or to be incurred by the Ministry in purchasing, taking on lease, or otherwise acquiring any land, buildings or works under paragraphs (a) or (d) of sub-section (1) of section two of this Act or in exchanging any land under paragraph (b) of that sub-section or in purchasing or otherwise acquiring standing timber under paragraph (b) of sub-section (1) of section three of this Act shall, if the Ministry of Finance so direct, be defrayed by means of sums charged on and issued out of the Consolidated Fund. (3) The Ministry of Finance may borrow money for the purpose of providing issues out of the Consolidated Fund under sub-section (2) of this section. (4) Moneys borrowed under sub-section (3) of this section shall be repaid within twenty-five years from the date of borrowing, and provision for such repayment may be made out of moneys provided by Parliament. (5) All sums payable to the Ministry under or by virtue of any of the provisions of this Act shall be paid into the Exchequer.] FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 16 Power of entry on land. 16. For the purposes of enabling the Ministry to exercise or perform any functions under or by virtue of this Act, any person authorised by the Ministry in that behalf may, on production (if so required) of his authority, enter on and inspect any land. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 17 Miscellaneous offences. 17.(1) Any person who (a)wilfully obstructs any officer or servant of the Ministry or any person authorised by the Ministry in writing in the exercise or performance of any functions of the Ministry under this Act, or any person engaged on work in pursuance thereof; or (b)pulls down, removes, or injures any work done in pursuance of this Act; or (c)removes, injures or defaces any pegs, poles or marks placed or made by any authorised person for the purpose of, or in connection with, any work as aforesaid; (2) Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding [#250], or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and imprisonment, and for a continuing offence, to a further fine not exceeding [#25] in respect of each day during which the offence continues. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 18 Notices. 18.(1) Any notice required or authorised by or under this Act to be served on any person shall be duly served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter addressed to him at that address. (2) Any notice so required or authorised to be served on an incorporated company or body shall be duly served if served on the secretary or clerk of the company or body. (3) For the purposes of this section and of section twenty-six of the Interpretation Act, 1889, the proper address of any person on whom any such notice as aforesaid is to be served shall (a)where the secretary or clerk of any incorporated company or body is concerned, be the address of the registered or principal office of the company or body; (b)where the person concerned has furnished an address for service, be the address so furnished; (c)in any other case, be the last known address of the person concerned. (4) If it is not practicable to serve a notice as aforesaid on the owner or occupier of any land, that notice shall be duly served if it is served in accordance with the provisions of this section, on the authorised agent of that owner or occupier. (5) If it is not practicable to ascertain the name or address of an owner or occupier of land on whom any such notice as aforesaid is to be served, or of the authorised agent of that owner or occupier, the notice may be served by addressing it to the owner or occupier by the description of "owner" or "occupier" of the land (describing it) to which it relates, and by delivering it to some responsible person on the land, or if there is no such person on the land to whom it may be delivered, by affixing it or a copy of it to some conspicuous object on the land. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 19 Regulations. 19.(1) Any regulations made by the Ministry under this Act, other than regulations made under sub-section (3) or sub-section (4) of section four of this Act, shall, as soon as may be after they are made, be laid before each House of Parliament and if either House of Parliament, within the statutory period next after any such regulations have been laid before it, resolves that the regulations shall be annulled, the regulations shall, after the date of the resolution, be void, but without prejudice to the validity of anything done thereunder or to the making of new regulations. (2) Any regulations made under sub-section (3) or sub-section (4) of section four of this Act shall not come into operation unless and until the draft thereof has been laid before each House of Parliament and confirmed by a resolution of each such House. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 20 Interpretation. 20.(1) In this Act unless the contrary intention appears the following expressions have the meanings hereby assigned to them, that is to say: "afforestation" includes reafforestation; "felling" includes uprooting, and wilfully destroying by any means; "functions" includes powers and duties; "land" includes land covered by water and any estate or interest in land and any easement or right in, to or over land or water; "owner" in relation to trees means, unless the contrary is proved, the owner of the land on which the trees are growing and, where trees have been felled means, unless the contrary is proved, the person who was the owner immediately before the felling; "owner" in relation to land (except in section two of this Act) has the same meaning as in the Public Health (Ireland) Act, 1878; "prescribed" means prescribed by regulations made by the Ministry; "timber" includes all forest products; "woodland industry" means any industry which uses forest products as a major part of its raw materials. Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch. Short title. FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 22 22.(1) This Act may be cited as the Forestry Act (Northern Ireland), 1953. Subs.(2) rep. by SLR 1973 Schedule rep. by SLR 1973