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13 1946

FORESTRY ACT, 1946

PART IV.

Restrictions on Cutting Down and Injuring Trees.

Definitions for purposes of Part IV.

35. —(1) In this Part—

the expression “afforestation conditions” means conditions attached to a general felling licence under subsection (3) or subsections (3) and (4) of section 49 of this Act;

the word “contribution” means the sum specified in a contributing condition;

the expression “contributing condition” means a condition attached to a limited felling licence under subsection (1) of section 42 of this Act;

the expression “cut down” means, in relation to a tree, cut through the trunk of the tree at a height of less than six feet from the ground surface to such an extent that the tree falls or is rendered liable to fall under the influence of natural agencies;

the expression “exempted tree” means any tree, being—

(a) a tree which, in the opinion of the Minister, is not necessary for the ornament or protection of the holding on which it stands and which is stated in the felling notice relating to it to be intended to be cut down for the purpose of using the timber thereof for the construction or repair of buildings, fences, or other structures on the said holding or another holding belonging to the owner of such first-mentioned holding, or on a holding belonging to another person in the immediate neighbourhood of such first-mentioned holding, or for the construction or repair of farming implements for use on any of the said holdings, or

(b) a tree which, in the opinion of the Minister, is not necessary for the ornament or protection of the holding on which it stands and which is stated in the felling notice relating to it to be intended to be cut down for the purpose of using it as domestic fuel on the holding on which it stands, or

(c) a tree which, in the opinion of the Minister, is dead or decayed or irremediably damaged and is useless for commercial purposes, or

(d) a tree in respect of which it is proved to the satisfaction of the Minister that such tree is standing on land purchased before the 1st day of April, 1928, and that the whole or some part of the purchase money of such land was lent to the purchaser thereof on the terms that such tree should be cut down and sold and the proceeds thereof applied in or towards repayment of such loan and that such loan or some part thereof is still owing at the date of the felling notice relating to such tree, and in respect of which it is stated in such felling notice that such tree is being cut down for the purpose of complying with the said terms of the said loan, or

(e) a tree in respect of which it is proved to the satisfaction of the Minister that the land on which such tree is standing is subject to a mortgage or charge subsisting at the passing of the Act of 1928, and that such tree together with other trees (whether included or not included in the same felling notice) standing on such land is a substantial portion of the security for the payment of the moneys secured by such mortgage or charge, and in respect of which it is stated in the felling notice relating to it that such tree is being cut down for sale with the intention of applying the proceeds of such sale in or towards payment of such moneys;

the expression “felling licence under the Act of 1928” means a licence granted under section 8 of the Act of 1928;

the expression “felling notice”, when used without qualification, means a notice, being either a felling notice under the Act of 1928 or a felling notice under this Act;

the expression “felling notice under the Act of 1928” means a notice given under section 5 of the Act of 1928;

the expression “felling notice under this Act” means a notice given under subsection (1) of section 37 of this Act;

the expression “general felling licence” means a licence granted under section 49 of this Act;

the expression “limited felling licence” means a licence granted under section 40 of this Act;

the expression “preservation condition” means—

(a) in relation to a limited felling licence, a condition attached to the licence under subsection (2) of section 41 of this Act, and

(b) in relation to a utilisation (exempted trees) order, a condition attached to the order under subsection (3) of section 46 of this Act;

the expression “prohibition order under the Act of 1928” means an order made under section 7 of the Act of 1928;

the expression “prohibition order under this Act” means an order made under subsection (1) of section 39 of this Act;

the expression “replanting conditions” means—

(a) in relation to a limited felling licence, conditions attached to the licence under subsection (1) of section 41 of this Act, and

(b) in relation to a utilisation (exempted trees) order, conditions attached to the order under subsection (2) of section 46 of this Act;

the expression “replanting order” means an order made under section 52 of this Act;

the expression “utilisation (exempted trees) order” means an order made under section 46 of this Act.

(2) Where—

(a) land is vested under the Land Purchase Acts in the proprietor thereof or is vested under the said Acts in the Irish Land Commission but not in the tenant-purchaser or purchaser thereof, and

(b) trees growing on such land are reserved to the Irish Land Commission,

the Irish Land Commission shall be deemed, for the purposes of this Part (except section 44 ), to be the owner of such land.

(3) Where—

(a) land (not being land to which subsection (2) of this section applies) is vested under the Land Purchase Acts in the Irish Land Commission, and

(b) such land is occupied by a person (being a tenant-purchaser or purchaser) under an agreement for purchase entered into or deemed to have been entered into under the said Acts,

such person shall be deemed, for the purposes of this Part (except section 44 ), to be the owner of such land.

Exclusion of particular species of trees from operation of Part IV.

36. —(1) The Minister may, whenever and so often as he thinks fit, by order under this subsection declare that this Part or any particular provision thereof shall not apply to any tree of the species named in the order, and whenever any order is made under this subsection this Part or the particular provision thereof mentioned in the order (as the case may be) shall not, so long as the order remains in force, apply to any tree of the species named in the order.

(2) The Minister may at any time by order under this subsection revoke an order made under subsection (1) of this section.

Notice of intention to uproot or cut down trees.

37. —(1) Subject to subsection (4) of this section, it shall not be lawful for any person to uproot any tree over ten years old or to cut down any tree, unless the owner of the land on which the tree stands or a predecessor in title of such owner or some person on behalf of such owner or predecessor has, not less than twenty-one days and not more than two years before the commencement of the uprooting or cutting down (as the case may be) of the tree, given to the sergeant in charge of the Gárda Síochána station nearest to the tree a notice in writing (which shall be in the prescribed form and shall specify the name and address of the owner by or on whose behalf such notice is given, a place in the State at which a prohibition order under this Act (if made) in relation to the tree may be served, and such other particulars as may be prescribed) of intention to uproot or cut down (as the case may be) the tree.

(2) Where land has been sold before the 1st day of February, 1946, with a reservation to the vendor of trees standing on the land, subsection (1) of this section shall, in relation to any such tree, have effect as if, for a reference to the owner of the land on which the tree stands, there were substituted a reference to the person who is (by virtue of the said reservation) the owner for the time being of the tree.

(3) If any person uproots or cuts down or causes or permits to be uprooted or cut down any tree in contravention of this section, that person shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so uprooted or cut down or caused or permitted to be so uprooted or cut down.

(4) Subsection (1) of this section shall not apply to the uprooting or cutting down of any tree if—

(a) the tree is uprooted or cut down under the authority conferred by a limited felling licence or a general felling licence and during the period during which such authority is exercisable, or

(b) the tree is standing on land held by the Minister for the purposes of this Act, or

(c) the tree is standing in a county or other borough or an urban district, or

(d) the tree is standing within one hundred feet of any building other than a wall or temporary structure, or

(e) the tree is cut down under section 34 of the Local Government Act, 1925 (No. 5 of 1925), or section 98 of the Electricity Supply Act, 1927 (No. 27 of 1927), or

(f) the tree is uprooted or cut down by a local authority in connection with road construction or widening or improvement schemes or building or constructional work, or

(g) the tree is certified by a local authority as dangerous to road traffic on account of age or condition, or

(h) the tree is uprooted or cut down by direction of the Minister for Posts and Telegraphs on the ground that it is a danger or obstruction to telegraph or telephone wires.

(5) Nothing in this section shall be construed as limiting the right of a district planning authority, under the Town and Regional Planning Acts, 1934 and 1939, to prohibit under the said Acts the felling of trees in its planning district.

Provisions in relation to trees intended to be uprooted for transplantation.

38. —(1) Where a felling notice contains a statement that a tree is intended to be uprooted for the purpose of transplantation, it shall not be lawful for any person—

(a) to use or deal with the tree or cause or permit the tree to be used or dealt with, if uprooted in pursuance of such notice, for any other purpose, or

(b) to cut down the tree or cause or permit the tree to be cut down during the period of two years commencing on the date on which the felling notice was given.

(2) Every person who, in respect of any tree, acts in contravention of subsection (1) of this section shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every such tree.

Prohibition orders.

39. —(1) Whenever a felling notice under this Act has been given in relation to any tree, the Minister may, unless it is stated in such notice that the tree is intended to be uprooted for the purpose of transplantation, within but not after twenty-one days from the date on which such notice was given, make and serve on the owner by or on whose behalf the notice was given or his successor in title an order prohibiting the uprooting or cutting down of the tree.

(2) Every prohibition order under this Act consequential upon a felling notice under this Act shall be served either—

(a) by delivering it to the person on whom it is to be served, or

(b) by leaving it for him with a person of the age of sixteen years or upwards at the place named in the felling notice under this Act for the service of a prohibition order under this Act.

(3) Where—

(a) a prohibition order under the Act of 1928 in respect of any tree has been duly served in accordance with section 7 of the Act of 1928, or

(b) a prohibition order under this Act in respect of any tree has been duly served in accordance with subsection (2) of this section,

it shall not be lawful for any person to uproot or cut down or cause or permit to be uprooted or cut down such tree.

(4) If any person uproots or cuts down or causes or permits to be uprooted or cut down any tree in contravention of this section, that person shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so uprooted or cut down or caused or permitted to be uprooted or cut down.

(5) Subsection (3) of this section shall not apply to the uprooting or cutting down of any tree if the tree is uprooted or cut down under the authority conferred by a limited felling licence or a general felling licence and during the period during which such authority is exercisable.

Limited felling licences.

40. —(1) Where—

(a) a prohibition order under the Act of 1928 has been duly served under section 7 of the Act of 1928, or

(b) a prohibition order under this Act has been duly served,

the Minister may, if he thinks fit, either on his own motion or on an application made to him, in the prescribed form and manner, by or on behalf of the owner of the land on which stands the tree to which the order relates, grant to the owner a licence authorising the uprooting or cutting down of the tree, and the authority so conferred shall, unless it is sooner terminated under section 43 of this Act, be exercisable during a period of two years commencing on the date on which the licence is granted.

(2) Where the authority conferred by a limited felling licence is suspended under section 43 of this Act,—

(a) the authority shall not be exercisable during the period of suspension,

(b) if the suspension is removed, the period of suspension shall not be reckoned in computing, for the purposes of subsection (1) of this section, the period during which the authority is exercisable.

(3) Where land has been sold before the 1st day of February, 1946, with a reservation to the vendor of trees standing on the land, subsection (1) of this section shall, in relation to any such tree, the subject of a prohibition order under this Act or a prohibition order under the Act of 1928, have effect as if, for the reference to the owner of the land on which the tree stands, there were substituted a reference to the person who is (by virtue of the said reservation) the owner for the time being of the tree.

(4) Before granting a limited felling licence in relation to a tree standing on land which is for the time being subject to an annuity payable to the Land Commission, the Minister shall have regard to the security for the payment of such annuity.

(5) Where an application duly made for a limited felling licence relates exclusively to one or more exempted trees, the Minister shall not refuse such application.

(6) Where an application duly made for a limited felling licence relates to one or more exempted trees and also to one or more other trees, the Minister shall not refuse so much of such application as relates to an exempted tree or trees.

(7) Whenever the Minister refuses, wholly or in part, an application for a limited felling licence, he shall, if so requested by the applicant, state in writing the ground on which he so refuses the application.

Attachment of replanting conditions and preservation conditions to limited felling licences.

41. —(1) Whenever the Minister grants a limited felling licence (other than a limited felling licence relating exclusively to an exempted tree or trees),—

(a) he may, if he thinks fit, attach to the licence the following conditions, that is to say:—

(i) a condition (in this section referred to as the planting condition) that, if any tree or trees to which the licence relates is or are uprooted or cut down under the authority conferred by the licence, the licensee shall, before the expiration of a specified period of not less than twelve months after the date on which the authority conferred by the licence ceases to be exercisable or the expiration of such (if any) extension of that period as the Minister may in his discretion allow, plant, in accordance with the general practice of good forestry, on a specified part of the land on which stands the tree to which the licence relates or of other land owned by the licensee at the date of the grant of the licence, either (as the Minister thinks fit and specifies in the licence) a specified number of trees of a specified kind or such numbers of trees of various specified kinds as the Minister specifies,

(ii) a condition (in this section referred to as the protection condition) that, until the expiration of eleven years from the date on which the authority conferred by the licence ceases to be exercisable or a period of ten years from the date of planting, whichever period expires last, the licensee shall preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the planting condition and shall for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals,

(b) where the Minister attaches to the licence the planting condition and the protection condition, he may also attach to the licence a condition that the licensee shall, before planting any tree in pursuance of the planting condition, fence the place in which such tree is to be planted in such manner as will effectively protect such tree when planted from being injured or destroyed by the trespass of any animals.

(2) Whenever the Minister grants a limited felling licence (other than a limited felling licence relating exclusively to an exempted tree or trees),—

(a) he may, if he thinks fit, attach to the licence a condition (in this section referred to as the maintenance condition) that, until the expiration of a period of eleven years from the date on which the authority conferred by the licence ceases to be exercisable, the licensee shall preserve, in accordance with the general practice of good forestry, trees which are growing, at the date of the grant of the licence, on a specified part of the land on which stands the tree to which the licence relates or of other land owned by the licensee at the date of the licence and also trees which, in consequence of natural regeneration, commence to grow on the specified land, or which are planted thereon, subsequent to the date of the licence, and shall for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals;

(b) where the Minister attaches to the licence the maintenance condition, he may also attach to the licence a condition that the licensee shall, before the expiration of a period of twelve months from the date on which the authority conferred by the licence ceases to be exercisable, fence the land specified in the maintenance condition in such manner as will effectively protect all trees growing thereon, or which may grow thereon, from being injured or destroyed by the trespass of any animals.

(3) The attachment of the maintenance condition to a limited felling licence shall not operate so as to render unlawful the uprooting or cutting down, subject to the other provisions of this Act, by the licensee of any tree if such uprooting or cutting down is done in the course of, and in accordance with the general practice of, good forestry.

(4) Whenever the Minister is empowered, under subsection (1) of this section, to attach to a limited felling licence replanting conditions and is empowered, under subsection (2) of this section, to attach to the licence a preservation condition or preservation conditions, he may, if he thinks fit, attach to the licence both—

(a) replanting conditions, and

(b) a preservation condition or preservation conditions.

(5) Where—

(a) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, and

(b) the licence relates to two or more trees, and

(c) some but not all of those trees are uprooted or cut down under the authority conferred by the licence,

the Minister may, if he thinks fit, either—

(i) release the licensee from the obligation to comply with all or any of the said replanting conditions, or

(ii) reduce the number of trees to be planted by the licensee.

(6) Where—

(a) any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a limited felling licence, and

(b) the licence relates to two or more trees, and

(c) some but not all of those trees are uprooted or cut down under the authority conferred by the licence,

the Minister may, if he thinks fit, either—

(i) release the licensee from the obligation to comply with the said preservation condition or with both or either of the said preservation conditions, as the case may be, or

(ii) release the licensee from the obligation to comply with the said preservation condition or conditions in so far as it relates or they relate to a particular portion of the land specified in the maintenance condition.

(7) Where any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, the said replanting conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in such replanting conditions.

(8) Where—

(a) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a limited felling licence, and

(b) the licensee is not the occupier of the land specified in such replanting conditions,

the protection condition, save if and in so far as the licensee is released therefrom, shall be binding on the person who is for the time being the occupier of the said land.

(9) Where any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a limited felling licence, the said preservation condition or conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in such preservation condition or conditions.

(10) Where—

(a) any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a limited felling licence, and

(b) the licensee is not the occupier of the land specified in such preservation condition or conditions, the maintenance condition (save if and in so far as the licensee is released therefrom) shall be binding on the person who is for the time being the occupier of the said land.

(11) If, where any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a limited felling licence, any person on whom that condition or any of those conditions, as the case may be, is or are binding fails to comply therewith, that person shall, in respect of every month during which such failure continues, be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such limited felling licence, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such limited felling licence, to a fine not exceeding ten pounds.

Attachment of contributing condition to limited felling licences.

42. —(1) The Minister may, if he so thinks fit, attach to a limited felling licence (other than a limited felling licence relating exclusively to an exempted tree or trees) a condition that, before any tree is uprooted or cut down under the authority conferred by the licence, the licensee shall pay to the Minister, by way of contribution to the expenses of the administration of the public services relating to forestry, such sum (to be specified in such condition) as the Minister thinks reasonable having regard to the expense which, in the opinion of the Minister, the licensee would, if replanting conditions were attached to the licence and compliance therewith were practicable, have had to incur to comply therewith.

(2) A contributing condition shall not be attached to a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions.

(3) The following provisions shall apply and have effect in relation to every contributing condition attached to a limited felling licence, that is to say:—

(a) such contributing condition shall be expressed and shall operate to impose on the licensee an obligation to pay to the Minister, before any tree is cut down or uprooted under the authority conferred by the licence, the contribution specified in the licence;

(b) if any tree or trees to which the licence relates is or are cut down or uprooted under the authority conferred by the licence and the contribution has not been paid to the Minister before such cutting down or uprooting—

(i) the licensee shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every tree so cut down or uprooted,

(ii) the Minister may, upon such conviction, recover the contribution from the licensee or from his executors or administrators in any Court of competent jurisdiction as a simple contract debt,

(c) if none or one or more but not all of the trees to which the licence relates is or are cut down or uprooted under the authority conferred by the licence, the Minister may, if he so thinks fit, refund the contribution in whole or in part.

(4) The licensee under a limited felling licence to which a contributing condition is attached may, at any time before payment of the contribution, surrender the licence with the consent of the Minister.

Suspension or termination of authority conferred by a limited felling licence.

43. —(1) The Minister, if he is of opinion that the terms of a limited felling licence are being abused, may, at any time, by notice in writing (which shall state the reason for the suspension or termination) served on the licensee suspend or terminate the authority conferred by the licence.

(2) Where the authority conferred by a limited felling licence is suspended under this section,—

(a) the Minister may, as he thinks fit, either remove the suspension or terminate the authority,

(b) if the Minister does not, before the expiration of six months from the date on which the authority was suspended, remove the suspension or terminate the authority, the Minister shall be deemed to have removed the suspension on such expiration.

(3) Where the authority conferred by a limited felling licence is terminated under this section,—

(a) if any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to the licence, such termination shall not apply to or relieve the licensee from such condition or conditions,

(b) if a contributing condition is attached to the licence, such termination shall not entitle the licensee to any refund, in whole or in part, of any sum paid to the Minister in accordance with such condition.

Refusal of limited felling licence in order to preserve amenities.

44. —(1) In this section the expressions “planning district” and “district planning authority” and the word “owner” have the meanings respectively assigned to them by the Town and Regional Planning Acts, 1934 and 1939, for the purposes of those Acts.

(2) The Minister shall not refuse an application for a limited felling licence in respect of a tree solely for the purpose of preserving amenities unless the district planning authority for the planning district in which such tree is situate has consented to such refusal.

(3) Whenever the Minister refuses an application for a limited felling licence in respect of a tree (in this subsection referred to as the protected tree) solely for the purpose of preserving amenities, the owner of the piece of land (in this subsection referred to as the site of the protected tree) on which the tree is growing may, not later than eighty-four days after such refusal, require by notice in writing, the district planning authority for the planning district in which the site of the protected tree is situate to acquire the site of the protected tree, and, in that case, the following provisions shall, unless the requisition is withdrawn under subsection (5) of this section, have effect:—

(a) the said authority shall acquire the site of the protected tree;

(b) the said authority may also, if it so thinks fit, do any one or more of the following things—

(i) acquire any other piece of land (in this subsection referred to as an additional site) which is owned by the person (in this subsection referred to as the requisitor) who made the requisition and which is in the immediate vicinity of the site of the protected tree and on which there is growing any tree the preservation of which appears to the said authority necessary for the preserving of amenities,

(ii) acquire any other land (being land owned by the requisitor and adjoining the site of the protected tree or any additional site so acquired) which is necessary for the protection of the protected tree or the tree on any additional site so acquired,

(iii) acquire any land, in the ownership of the requisitor, or right over land, in the ownership of the requisitor, the acquisition of which is necessary for the purpose of affording convenient access to the site of the protected tree or the tree on any additional site so acquired;

(c) any dispute between the requisitor and the said authority as to whether the said authority is required by or entitled under this subsection to acquire any land or right over land proposed to be so acquired by the said authority or as to the extent of the land or nature of the right over the land proposed to be so acquired by the said authority shall be decided by the Minister for Local Government and Public Health whose decision thereon shall be final.

(4) The provisions, relating to the acquisition of land by a sanitary authority, of the Public Health Acts, 1878 to 1931, as amended by section 68 of the Local Government Act, 1925 (No. 5 of 1925), and by section 8 of the Local Authorities (Miscellaneous Provisions) Act, 1936 (No. 55 of 1936), shall apply to the acquisition under subsection (3) of this section of any land or right over land by a district planning authority as if those provisions were herein re-enacted and made applicable to such acquisition, and, for the purposes of such application,—

(a) the Minister for Local Government and Public Health shall be deemed to have duly made, under section 203 of the Public Health (Ireland) Act, 1878, a provisional order empowering the said district planning authority to put in force, with reference to such last-mentioned land or right over land, the powers of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement,

(b) the said provisional order shall be deemed to have been duly confirmed by the said Minister under section 68 of the said Local Government Act, 1925 ,

(c) subsection (3) of the said section 68 shall have effect as if the words “subject in the case of a confirmation by the Minister to proof that the notice required by this section was duly published” were not contained in the said subsection (3).

(5) Where a district planning authority propose to acquire under paragraph (b) of subsection (3) of this section any land or right over land,—

(a) the said authority shall give to the owner of such land or right, not less than twenty-eight days before such acquisition, a written statement showing the extent and situation of such land or right,

(b) such owner shall be entitled to withdraw his requisition under the said subsection (3) not later than twenty-eight days after the receipt by him of such written statement.

Restriction of use of exempted trees.

45. —(1) Where—

(a) a felling notice under this Act has been given relating wholly or partly to a tree or trees stated therein to be an exempted tree or exempted trees, and

(b) either—

(i) a period of twenty-one days has elapsed since such notice was given and the Minister has not, during that period, made a prohibition order under this Act in relation to such tree or trees, or

(ii) a prohibition order under this Act has been duly served and the Minister has granted a limited felling licence relating wholly or partly to such tree or trees,

it shall not be lawful for any person to use or deal with the tree or any of the trees (as the case may be) or any substantial part thereof or cause or permit the said tree or any of the said trees (as the case may be) or any substantial part thereof to be used or dealt with when cut down or uprooted in pursuance of such felling notice or in accordance with the authority conferred by such limited felling licence for any purpose other than the purpose for which it was stated in such felling notice that it was intended to use such tree except as provided by section 46 of this Act.

(2) Every person who uses or deals with a tree or any part thereof or causes or permits a tree or any part thereof to be used or dealt with in contravention of this section shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every such tree.

(3) Subsection (1) of this section shall not apply in respect of any tree which is dead or decayed or irremediably damaged and is useless for commercial purposes.

Utilisation (exempted trees) orders.

46. —(1) Where—

(a) a felling notice under this Act has been given relating wholly or partly to a tree or trees stated therein to be an exempted tree or exempted trees, and

(b) either—

(i) a period of twenty-one days has elapsed since such notice was given and the Minister has not, during that period, made a prohibition order under this Act in relation to such tree or trees, or

(ii) a prohibition order under this Act has been duly served and the Minister has granted a limited felling licence relating wholly or partly to such tree or trees, and

(c) the owner of the land on which such tree or trees stood applies (in the prescribed form and manner) to the Minister for an order authorising such tree or trees to be used or dealt with for a purpose or purposes other than that or those stated in such felling notice,

the Minister may grant to such person an order authorising the said tree or trees to be used or dealt with for the purpose or purposes mentioned in the application.

(2) Whenever the Minister grants a utilisation (exempted trees) order (other than a utilisation (exempted trees) order which solely authorises a tree or trees to be used for a purpose or purposes the use of the tree or trees for which, if indicated in the felling notice relating to the tree or trees, would have rendered the tree or each of the trees, as the case may be, an exempted tree),—

(a) he may, if he thinks fit, attach to the order the following conditions, that is to say:—

(i) a condition (in this section referred to as the planting condition) that the person to whom such order is granted shall, before the expiration of a specified period of not less than twelve months after the date on which the order is granted or the expiration of such (if any) extension of that period as the Minister may in his discretion allow, plant, in accordance with the general practice of good forestry, on specified land in the ownership of such person at the date of the order either (as the Minister thinks fit and specifies in the order) a specified number of trees of a specified kind or such numbers of trees of various specified kinds as the Minister specifies,

(ii) a condition (in this section referred to as the protection condition) that, until the expiration of eleven years from the date on which the order is granted or a period of ten years from the date of planting, whichever period expires last, the person to whom the order is granted shall preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the planting condition and shall for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals,

(b) where the Minister attaches to the order the planting condition and the protection condition, he may also attach to the order a condition that the person to whom the order is granted shall, before planting any tree in pursuance of the planting condition, fence the place in which such tree is to be planted in such manner as will effectively protect such tree when planted from being injured or destroyed by the trespass of any animals.

(3) Whenever the Minister grants a utilisation (exempted trees) order (other than a utilisation (exempted trees) order which solely authorises a tree or trees to be used for a purpose or purposes the use of the tree or trees for which, if indicated in the felling notice relating to the tree or trees, would have rendered the tree or each of the trees, as the case may be, an exempted tree):—

(a) he may, if he thinks fit, attach to the order a condition (in this section referred to as the maintenance condition) that, until the expiration of a period of eleven years from the date on which the order is granted, the person to whom the order is granted shall preserve, in accordance with the general practice of good forestry, trees which are growing at the date of the grant of the order on specified land in the ownership of such person at the date of the order and also trees which, in consequence of natural regeneration, commence to grow on such specified land, or which are planted thereon, subsequent to the date of the order, and shall for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect every such tree from being injured or destroyed by the trespass of any animals;

(b) where the Minister attaches to the order the maintenance condition, he may also attach to the order a condition that the person to whom the order is granted shall, before the expiration of a period of twelve months from the date on which the order is granted, fence the land specified in the maintenance condition in such manner as will effectively protect all trees growing thereon or which may grow thereon from being injured or destroyed by the trespass of any animals.

(4) The attachment of the maintenance condition to a utilisation (exempted trees) order shall not operate so as to render unlawful the uprooting or cutting down, subject to the other provisions of this Act, by the person to whom such order is granted of any tree if such uprooting or cutting down is done in the course of, and in accordance with the general practice of, good forestry.

(5) Whenever the Minister is empowered, under subsection (2) of this section, to attach to a utilisation (exempted trees) order replanting conditions and is empowered, under subsection (3) of this section, to attach to the order a preservation condition or preservation conditions, he may, if he thinks fit, attach to the order both—

(a) replanting conditions,

(b) a preservation condition or preservation conditions.

(6) Where any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a utilisation (exempted trees) order, the said condition or conditions shall be binding on the person to whom such order is granted and on each of his successors in title to the land specified in such condition or conditions.

(7) Where—

(a) any replanting conditions, whether with or without a preservation condition or preservation conditions, are attached to a utilisation (exempted trees) order, and

(b) the person to whom such order is granted is not the occupier of the land specified in such replanting conditions,

the protection condition shall be binding on the person who is for the time being the occupier of the said land.

(8) Where—

(a) any preservation condition or conditions, whether with or without replanting conditions, is or are attached to a utilisation (exempted trees) order, and

(b) the person to whom such order is granted is not the occupier of the land specified in such preservation condition or conditions,

the maintenance condition shall be binding on the person who is for the time being the occupier of the said land.

(9) If, where any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a utilisation (exempted trees) order, any person on whom that condition or any of those conditions (as the case may be) is or are binding fails to comply therewith, that person shall, in respect of every month during which such failure continues, be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such utilisation (exempted trees) order, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such utilisation (exempted trees) order, to a fine not exceeding ten pounds.

Restriction of use of certain trees the subject of a utilisation (exempted trees) order.

47. —(1) Where the Minister grants a utilisation (exempted trees) order authorising a tree to be used or dealt with for a specified purpose, claimed in the application made to him for such order to be a purpose rendering such tree an exempted tree, it shall not be lawful for any person to use or deal with the tree or any substantial part thereof or cause or permit the said tree or any substantial part thereof to be used or dealt with, when cut down in pursuance of the relevant felling notice or in accordance with the authority conferred by the relevant limited felling licence, for any purpose other than the purpose so authorised.

(2) Every person who uses or deals with a tree or any part thereof or causes or permits a tree or any part thereof to be used or dealt with in contravention of this section shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every such tree.

Felling licences granted under section 8 of the Act of 1928.

48. —(1) In this section, the expression “existing planting condition” means a condition, relating to the planting of trees, attached to a felling licence under the Act of 1928.

(2) Every felling licence under the Act of 1928 shall, on and after the operative date, continue in force and have effect as if it were a licence authorising the licensee to uproot or cut down the tree to which the licence relates during the period which commenced on the date on which the licence was granted and ends on the second anniversary of the operative date.

(3) Where a felling licence under the Act of 1928 contains an existing planting condition, the following provisions shall have effect:—

(a) the existing planting condition shall, as on and from the operative date, cease to attach to the licence,

(b) there shall, by virtue of this subsection, be deemed, as on and from the operative date, to be attached to such licence the following conditions—

(i) a condition (in this subsection referred to as the new planting condition) that, if any tree or trees to which the licence relates are, during the period which commenced on the date on which the licence was granted and ends on the second anniversary of the operative date, uprooted or cut down, the licensee shall, within the period of three years from the operative date or within such (if any) extension of that period as the Minister in his discretion may allow, plant, in accordance with the general practice of good forestry, the number and kind of trees specified in the existing planting condition on the land specified in the licence,

(ii) a condition that the licensee shall, in case he has, in pursuance of the existing planting condition planted any tree within ten years before the operative date, fence (if he has not already done so), before the expiration of a period of six months after the operative date or the expiration of such (if any) extension of that period as the Minister may in his discretion allow, the place on which that tree has been planted in such manner as will effectively protect the tree from being injured or destroyed by the trespass of any animals or, in case he plants, in pursuance of the new planting condition, on or after the operative date, any tree, fence, before planting the tree, the place in which the tree is to be planted in such manner as will effectively protect the tree, when planted, from being so injured or destroyed,

(iii) a condition (in this subsection referred to as the protection condition) that the licensee shall, until the expiration of thirteen years from the operative date or the expiration of a period of at least ten years from the date of planting, whichever is the later, preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the new planting condition and for that purpose maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals,

(c) where, in pursuance of the existing planting condition, any tree has been planted by the licensee before the operative date, such tree shall be deemed to have been planted in pursuance of the new planting condition, but, notwithstanding paragraph (b) of this subsection, the protection condition attached, by virtue of the said paragraph (b), to the licence shall not require the licensee to preserve such tree after the expiration of a period of ten years from the date of planting,

(d) where two or more, but not all, of the trees to which the licence relates are uprooted or cut down under the authority conferred by the licence, the Minister, if he so thinks fit, may either—

(i) release, either in whole or in part, the licensee from the performance of the conditions attached to the licence by this subsection, or

(ii) reduce the number of trees to be planted by the licensee.

(4) Where conditions are, by virtue of subsection (3) of this section, attached to a felling licence under the Act of 1928,—

(a) the said conditions shall (save if and in so far as he is or they are released therefrom) be binding on the licensee and on each of his successors in title to the land specified in the licence,

(b) if the licensee is not the occupier of such land, the protection condition shall (save if and so far as the licensee is released therefrom) be binding on the person who is for the time being the occupier of such land.

(5) If, where any conditions are, by virtue of subsection (3) of this section, attached to a felling licence under the Act of 1928, any person upon whom any such conditions or any one of such conditions are or is binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which the failure continues and shall be liable on summary conviction thereof, in the case of a first conviction in relation to such felling licence under the Act of 1928, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such felling licence under the Act of 1928, to a fine not exceeding ten pounds.

General felling licences.

49. —(1) The Minister may, whenever and so often as he thinks fit, on the application (which shall be in the prescribed form and contain the prescribed particulars) made by or on behalf of any owner of land, grant to the owner a licence authorising the doing of anything mentioned in any one (to be specified in the licence) of the following paragraphs—

(a) the uprooting or cutting down of trees in any specified wood on the land in the ordinary course of thinning, in accordance with the general practice of good forestry, that wood,

(b) the uprooting or cutting down of trees on a specified part of the land for the purpose of clearing that part with a view to replanting,

(c) the uprooting or cutting down of trees in any specified wood on the land in the ordinary course of thinning, in accordance with the general practice of good forestry, that wood, and the uprooting or cutting down of trees on a specified part of the land (other than the part on which that wood stands) for the purpose of clearing that specified part with a view to replanting,

and the authorisation so conferred shall, unless sooner terminated under this section, be exercisable during such period as may be specified in the licence.

(2) The authority conferred by a general felling licence may be terminated by the Minister at any time by notice in writing of such termination served on the person for the time being entitled to the land to which the licence relates.

(3) There shall be attached to every general felling licence which authorises the uprooting or cutting down of trees for the purpose of clearing land with a view to replanting conditions that the licensee—

(a) shall, within a specified period of not less than twelve months from the end of the period during which the authority conferred by the licence is exercisable or within such longer period (if any) as the Minister may in his discretion allow, plant, in accordance with the general practice of good forestry and to the satisfaction of the Minister, trees on the land so cleared, and

(b) shall, until the expiration of eleven years from the end of the period during which the authority conferred by the licence is exercisable, or ten years from the planting of such trees, whichever is the later, preserve, in accordance with the general practice of good forestry, the tree so planted and for the purpose of such preservation maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals.

(4) Where conditions are attached to a general felling licence in pursuance of subsection (3) of this section, the Minister may, if he thinks fit, attach also to the licence a condition that the licensee shall, before any trees are planted in compliance with the first-mentioned condition, fence the land on which those trees are to be planted in such a manner as will effectively protect them, when planted, from being injured or destroyed by the trespass of any animals.

(5) The authority conferred by a general felling licence shall, until the expiration of the period during which the authority conferred by the licence is exercisable, be exercisable by the licensee and his successors in title to the land to which the licence relates.

(6) Where afforestation conditions are attached to a general felling licence—

(a) the said conditions shall be binding on the licensee and on each of his successors in title to the land to which the licence relates,

(b) if the licensee is not the occupier of such land, the said conditions, in so far as they relate to the preservation of trees and the maintenance of fences and other protection, shall be binding on the person who is for the time being the occupier of such land.

(7) If, where any afforestation conditions are attached to a general felling licence, any person on whom those conditions or any one of those conditions are or is for the time being binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which such failure continues, and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such general felling licence, to a fine not exceeding five pounds and, in the case of every subsequent conviction in relation to such general felling licence, to a fine not exceeding ten pounds.

Conditions attached to licences, etc., to be specified therein.

50. —Where the Minister attaches any condition or conditions to a limited felling licence or a general felling licence or a utilisation (exempted trees) order, the condition or conditions shall be set out in the licence or order.

Penalty for injuring trees.

51. —(1) No person shall do either of the following things, that is to say:—

(a) do or cause or permit to be done in relation to any tree (other than a tree the uprooting or cutting down of which would not be a contravention of this Act) any act or thing, whether by ringbarking or otherwise howsoever, which causes or is calculated or likely to cause such tree to die or to decay or which causes or is calculated or likely to cause irremediable damage to such tree, or

(b) remove or cause or permit to be removed timber from any tree (other than as aforesaid) otherwise than in accordance with the practice of good forestry or for the purpose of preventing grave damage to crops.

(2) Every person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall, subject to section 53 of this Act, be liable on summary conviction thereof to a fine not exceeding five pounds for every tree in respect of which such contravention is committed.

Replanting orders.

52. —(1) Whenever a person is convicted of an offence, in relation to any tree which is or was situate on land owned by him, under section 37 or section 39 or section 45 or section 47 or section 51 of this Act, the Minister may, if he thinks fit, make and serve on that person an order requiring that person to do the following things, that is to say:—

(a) before the expiration of a specified period of not less than twelve months from the date of the order or within such (if any) extension of that period as the Minister in his discretion may allow, to plant, in accordance with the general practice of good forestry, on a specified part of such land or of other land owned at the date of the order by that person, either (as the Minister thinks fit and inserts in the order) a specified number of trees of a specified kind or such numbers of trees of various specified kinds as the Minister specifies, and

(b) until the expiration of a period of eleven years from the date of the order or a period of ten years from the date of planting, whichever period expires last, to preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the order and for that purpose to maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals.

(2) A replanting order may, if the Minister thinks fit and so specifies therein, require the person in respect of whom the order is made, before planting any tree in pursuance of the order, to fence the place on which the tree is to be planted in such a manner as will effectively protect the tree, when planted, from being injured or destroyed by the trespass of any animals.

(3) Where a replanting order is served on any person the provisions of the order shall be binding on that person and on each of his successors in title to the land to which the order relates.

(4) Where—

(a) a replanting order is served on any person, and

(b) that person is not the occupier for the time being of the land to which the order relates,

the order shall, in so far as it relates to the preservation of trees and the maintenance of fences and other protection, be binding on the person who is for the time being the occupier of such land.

(5) If any person on whom any provision or provisions of a replanting order is or are for the time being binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which such failure continues and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such replanting order, to a fine not exceeding five pounds and, in the case of every subsequent such conviction in relation to such replanting order, to a fine not exceeding ten pounds.

Limitation on certain penalties.

53. —Where—

(a) a person is convicted of an offence under section 37 or section 38 or section 39 or section 42 or section 45 or section 47 or section 51 of this Act, and

(b) the offence relates to more than twenty trees, and

(c) that person satisfies the Court that the commission of the offence was due to a bona fide mistake of fact, whether on his part or on the part of a person acting under his orders or with his permission,

then, the total amount of the fine imposed on him in respect of the offence shall not exceed one hundred pounds.

Registration under the Registration of Title Act, 1891, of certain conditions and orders.

54. —(1) In this section—

the expression “the registering authority” means the registering authority under the Act of 1891;

the expression “registered land” means land registered under the Act of 1891.

(2) Where—

(a) any one or more of the following conditions, namely, replanting conditions and preservation conditions, is or are attached to a limited felling licence or to a utilisation (exempted trees) order, and

(b) any land on which trees are to be planted or preserved in pursuance of the said condition or conditions is registered land,

the Minister shall, as soon as may be after granting the licence or making the order, send a copy thereof to the registering authority who shall thereupon register the said condition or conditions attached thereto as a burden affecting such land.

(3) Where—

(a) conditions are, by virtue of subsection (3) of section 48 of this Act, attached to a felling licence under the Act of 1928, and

(b) the land on which trees are to be planted in pursuance of such conditions is registered land,

the Minister shall, as soon as may be after the operative date, send a copy of the licence to the registering authority who shall thereupon register the said conditions as a burden affecting such land,

(4) Where—

(a) afforestation conditions are attached to a general felling licence, and

(b) the land on which trees are to be planted in pursuance of the conditions is registered land,

the Minister shall, as soon as may be after granting the licence, send a copy thereof to the registering authority who shall thereupon register the afforestation conditions as a burden affecting such land.

(5) Where—

(a) a replanting order is served on any person, and

(b) the land on which trees are to be planted in pursuance of such order is registered land,

the Minister shall, as soon as may be after the service of the order, send a copy thereof to the registering authority who shall register the order as a burden affecting such land.

(6) Where a burden affecting any land has been registered under this section, and the burden has been discharged in whole or in part, or has been modified,—

(a) the Minister, on an application therefor being made to him, in the prescribed form, by the owner for the time being of the land, shall issue to the registering authority a certificate stating the extent to which the burden has, in his opinion, been discharged or modified and also issue a copy thereof to the owner, and

(b) the registering authority shall, on receipt of the certificate, register it as proof of the discharge or partial discharge or modification (according to the terms of the certificate) of the burden.

(7) No fees shall be payable in respect of any proceedings in the Land Registry under this section.

Panel of referees.

55. —(1) There shall be established and maintained for the purposes of this Act a panel of referees consisting of such number of fit and proper persons as shall from time to time be found necessary for the purposes aforesaid.

(2) The members of the panel of referees shall be appointed by the Government and every such member shall hold office for five years from the date of his appointment but shall be eligible for re-appointment at the expiration of his term of office.

(3) Every member of the panel of referees shall be paid such fees and expenses for every examination and report made by him in pursuance of the Act as the Minister shall, with the approval of the Minister for Finance, direct.

Reference of certain matters to a referee.

56. —(1) Where—

(a) an application for a limited felling licence is refused in whole or in part, and the applicant or any of his successors in title to the land on which stands the tree to which the application related objects to such refusal, or

(b) the Minister grants a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, and the licensee or any of his successors in title to the land specified in such condition or conditions objects to the attachment of such condition or conditions or to the terms of such condition or conditions, or

(c) the Minister grants a limited felling licence to which there is attached a contributing condition and the licensee objects to the attachment of the contributing condition or to the amount of the contribution, or

(d) the Minister terminates the authority conferred by a limited felling licence and the licensee or any of his successors in title to the land on which stands or stood the tree to which the licence relates objects to such termination, or

(e) the Minister, having terminated the authority conferred by a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, refuses to modify such condition or conditions, and the licensee or any of his successors in title to the land specified in such condition or conditions objects to such refusal, or

(f) the Minister, having terminated the authority conferred by a limited felling licence to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, modifies such condition or conditions and the licensee or any of his successors in title to the land specified in such condition or conditions objects to the extent of the modification, or

(g) the Minister, having terminated the authority conferred by a limited felling licence to which there is attached a contributing condition, refuses to make a refund of the contribution and the licensee or his personal representatives objects or object to such refusal, or

(h) the Minister, having terminated the authority conferred by a limited felling licence to which there is attached a contributing condition, makes a refund of part of the contribution and the licensee or his personal representatives objects or object to the amount of the refund, or

(i) the Minister makes a utilisation (exempted trees) order to which there is or are attached any one or more of the following conditions, namely, replanting conditions and preservation conditions, and the person to whom the order is granted or any of his successors in title to the land specified in such condition or conditions objects to such attachment or to the terms of the condition or conditions so attached, or

(j) the Minister makes a replanting order in respect of any person and that person or any of his successors in title to the land to which the order relates objects to the order or to the terms thereof, the objector or objectors may, in accordance with subsection (2) of this section, require his or their objection to be referred to a referee.

(2) Every requisition under subsection (1) of this section shall—

(a) be in the prescribed form and state the grounds on which the requisition is based,

(b) be sent to the Minister in the prescribed manner and within the prescribed time, and

(c) be accompanied by the prescribed fee.

(3) Whenever a requisition duly made under the foregoing provisions of this section is received by the Minister, he shall cause the subject-matter of such requisition (that is to say, the matter which is required by such requisition to be referred to a referee) to be referred for examination to a referee nominated by the Minister from the panel of referees established and maintained in pursuance of this Act.

(4) Every referee to whom a requisition is referred under this section shall examine the subject-matter of such requisition and report in writing to the Minister the result of such examination.

(5) The Minister shall consider every report sent to him under subsection (4) of this section and shall send a copy of such report to the person who made the requisition to which it relates and the Minister shall then either, as he shall think proper,—

(a) confirm his action in the matter which was the subject of such requisition, or

(b) take such action as may in his opinion be appropriate to meet (wholly or to such extent as appears to him to be proper) the objection which was the subject-matter of such requisition.

(6) In the exercise of his powers under subsection (5) of this section, the Minister may, without prejudice to the generality of the powers conferred by that subsection,—

(a) modify any replanting conditions attached to a limited felling licence, to which the relevant requisition under this section related, in like manner as he is empowered, under subsection (5) of section 41 of this Act, in the circumstances set out in that subsection, to modify replanting conditions, and such modification shall have effect as if it were in fact a modification by virtue of the said subsection (5);

(b) modify any preservation condition or conditions attached to a limited felling licence, to which the relevant requisition under this section related, in like manner as he is empowered under subsection (6) of section 41 of this Act, in the circumstances set out in that subsection, to modify preservation conditions, and such modification shall have effect as if it were in fact a modification by virtue of the said subsection (6);

(c) modify any contributing condition attached to a limited felling licence, to which the relevant requisition under this section related, either by withdrawing the condition or reducing the amount of the contribution specified in such condition;

(d) withdraw any limited felling licence, to which the relevant requisition under this section related, and grant in lieu thereof a fresh limited felling licence in the manner specified in section 40 of this Act and, if he thinks fit, attach to such fresh licence either—

(i) any one or more of the following conditions, namely, replanting conditions and preservation conditions, or

(ii) a contributing condition;

(e) in any case in which the relevant requisition under this section related to a utilisation (exempted trees) order, make a fresh utilisation (exempted trees) order in like manner as if the original order, to which the said requisition related, had not been made, and the making of such fresh utilisation (exempted trees) order shall be deemed to render the said original order void;

(f) in any case in which the relevant requisition under this section related to a replanting order, make a fresh replanting order in like manner as if the original order, to which the said requisition related, had not been made, and the making of such fresh replanting order shall be deemed to render the said original order void.

(7) Whenever the Minister takes any action to meet, wholly or partially, the objection which was the subject-matter of a requisition under this section, the fee paid on the making of such requisition shall be returned to the person who made such requisition.

Transitory provisions.

57. —(1) During the period of two years commencing on the operative date, the provisions of subsection (1) of section 37 of this Act shall not apply to the uprooting or cutting down of any tree if—

(a) a felling notice under the Act of 1928 in relation to the tree has, within two years before the operative date, been given in accordance with section 5 of the Act of 1928, and

(b) the tree is uprooted or cut down (as the case may be) not later than two years from the date on which such notice was so given, and

(c) in case the said notice was so given within twenty days before the operative date, more than twenty days have expired since the date on which the said notice was so given.

(2) Where a felling notice under the Act of 1928 has been given not earlier than the twentieth day before the operative date,—

(a) the reference, in subsection (1) of section 39 of this Act, to a felling notice under this Act shall, during the period of twenty days commencing on the operative date, be construed as including a reference to the said felling notice under the Act of 1928;

(b) the first reference, in subsection (2) of the said section 39 , to a felling notice under this Act shall be construed as including a reference to the said felling notice under the Act of 1928, and

(c) the reference, in paragraph (b) of the said subsection (2), to the place named in the said felling notice under this Act for the service of a prohibition order under this Act shall be construed as including a reference to the place named in the said felling notice under the Act of 1928 for the service of documents under the Act of 1928.

(3) During the period of two years commencing on the operative date, the provisions of subsection (1) of section 37 of this Act and the provisions of subsection (3) of section 39 of this Act shall not apply to the uprooting or cutting down of any tree if the tree is uprooted or cut down under the authority conferred by a felling licence under the Act of 1928.