FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 4 Restriction of felling.

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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.

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Northern Irish Legislation

FORESTRY ACT (NORTHERN IRELAND) 1953 - SECT 4