Unlimited fines and prison sentences for those felling trees without a licence to be introduced
Unlimited fines and prison sentences are amongst a package of new powers to be introduced as part of a crackdown on illegal tree felling in England, Defra and the Forestry Commission announced today (Friday 23 December).
Delivered as part of the world-leading Environment Act, changes to the Forestry Act 1967 will deliver more proportionate, impactful and enduring enforcement options. The key changes are:
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 our trees, woodlands and forests.
The largest fine issued in recent years following a report of illegal tree felling to the Forestry Commission took place in Hailsham, East Sussex, in January 2020. Hastings Magistrates Court issued a fine of almost £15,000 for the felling of 12 oak trees, all approximately 150 years old.
Forestry Minister Trudy Harrison said:
Forestry Commission Chief Executive Richard Stanford said:
Abi Bunker, Director of Conservation and External Affairs, Woodland Trust said:
Bringing greater transparency to the forestry enforcement process, these provisions will also clarify that when an Enforcement Notice is affected by a change in land ownership, the new land owner 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.