Maria Miller – 2014 Parliamentary Question to the Department for Environment, Food and Rural Affairs
The below Parliamentary question was asked by Maria Miller on 2014-06-17.
To ask the Secretary of State for Environment, Food and Rural Affairs, what powers the Forestry Commission has to (a) impose fines, (b) restore woodland and (c) take other enforcement action where a landowner has carried out deforestation contrary to the Forestry Act 1967.
Dan Rogerson
Only the courts have the power to impose fines on people convicted of felling trees without a licence where one is required under the Forestry Commissioners’ Power to control felling of trees in Part II of the Forestry Act 1967 (as amended). This can be up to £2,500 or twice the value of the trees, whichever is the higher.
Where it appears to the Forestry Commissioners that somebody has committed an offence by felling trees without a licence where one is required, the Commissioners can serve them with a Restocking Notice requiring the area to be restocked. Failure to comply with the requirements of a Restocking Notice can result in an Enforcement Notice being issued. It is an offence not to obey an Enforcement Notice, which can mean a possible fine of up to £5,000.
Where deforestation accompanied by a change of land use has not received the required consent and has a significant impact on the environment, the Forestry Commission can, under the provisions in The Environmental Impact Assessment (Forestry)(England and Wales) Regulations 1999, issue an Enforcement Notice requiring the land to be restored to its condition before the work started.
