Forestry offences

Options available to forestry offences we regulate

Forestry Act 1967

Section 7(4)

Obstructing a person authorised by the Commissioners in the exercise of his powers or duties under subsection (2) (prevention of damage by rabbits, hares and vermin) of the Forestry Act 1967.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 17(1)

Felling a tree without the authority of a felling licence in a case requiring a licence under section 9(1) of the Forestry Act 1967.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 24(4)

Failing without reasonable excuse to take any steps required by a notice under section 24 (an Enforcement Notice) of the Forestry Act 1967.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 30(5)

s.30(5): Being the occupier of land or any person who, either directly or indirectly, receives rent in respect of any land, and failing to give information as to the nature of his interest therein or the name and address of any other person known to him as having an interest therein, having been required to do so by the Forestry Commissioners for the purpose of enabling them to serve or give any document or direction under Part II of the Forestry Act 1967.

s.30(5): Being the occupier of land or any person who, either directly or indirectly, receives rent in respect of any land, and knowingly making a mis-statement as to the nature of his interest therein or the name and address of any other person known to him as having an interest therein, having been required to provide that information by the Forestry Commissioners for the purpose of enabling them to serve or give any document or direction under Part II of the Forestry Act 1967.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 46(5)

Failing to comply with, or acting in contravention of, a byelaw made under section 46 of the Forestry Act 1967.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Section 48(3)

Obstructing an officer or servant appointed or employed by the Commissioners in the exercise or performance of his powers or duties under subsection 48(2) (Enforcement of Byelaws) of the Forestry Act 1967.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Environmental Impact Assessment (Forestry)(England and Wales) Regulations 1999

Regulation 22(1)

Carrying out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served on him in accordance with regulation 20.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

No Civil Sanctions can be imposed.

Regulation 22(2)

Failing, within the period specified in the enforcement notice, to carry out any measure, other than discontinuance of the relevant project, required by the enforcement notice.

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

No Civil Sanctions can be imposed.

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004

Article 5

a.5(1)(a): Making a statement which is known to be false in a material particular for the purposes of procuring the issue of a certificate under the Plant Health (Export Certification) (Forestry) (Order) 2004

a.5(1)(b): Recklessly making a statement which is false in a material particular for the purposes of procuring the issue of a certificate under the Plant Health (Export Certification) (Forestry) (Order) 2004

a.5(1)(c): Intentionally failing to disclose any material information for the purposes of procuring the issue of a certificate under the Plant Health (Export Certification) (Forestry) (Order) 2004

Summary only offence. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

No civil sanctions can be imposed.

Plant Health (Forestry) Order 2005

Article 6(1) and Article 43

Landing without advance notification.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 9 and Article 43

Failing to deliver phytosanitary certificates within 3 days of landing.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 10 and Article 43

- Removing relevant materials from an area of plant health control without discharge or permission.
- Failing to store the relevant material under directed conditions.

Summary only offences. Standard criminal and offence specific responses

  • Warning
  • Formal Caution
  • Prosecution

Article 16 and Article 43

- Moving relevant materials without a plant health movement document.
- Failure to give notice 3 days before landing.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 19 and Article 43

Knowingly keeping, storing, selling, planting, moving or other dispose of (or causing any of the above) prescribed tree pests, or relevant materials carrying or infected with tree pests.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 23 and Article 43

- Failing to affix a plant passport under Article 23(3).
- Issuing a replacement plant passport outside the terms of Article 23(4).

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 25 and Article 43

Failing to register.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 26 and Article 43

Failing to notify of a change in circumstances.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 27 and Article 43

Breach of conditions under Article 27(1).

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 35 and Article 43

Failure to provide information as to whether notices have been complied with.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 39 and Article 43

Failure to destroy or sterilise tree pests or relevant materials, or clean or sterilise as required.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 40 and Article 43

Failure to notify of suspected presence of tree pests.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 41 and Article 43

Failure to notify of suspected entry into, or presence in, a free zone of tree pests or relevant material.

Summary only offences. Standard criminal and offence specific responses

  • Warning
  • Formal Caution
  • Prosecution

Article 43(1)(b)

Contravening or failing to comply with a provision or condition of a notice served or a licence granted or of any direction given the 2005 Order.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 43(1)(c)

Intentionally obstructing authorised person.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Article 43(3)

Making false statements, failing to disclose information for purpose of procuring passports or certificates.

Summary only offences. Standard criminal and offence specific responses:

  • Warning
  • Formal Caution
  • Prosecution

Article 43(4)

Dishonestly issuing, altering or re-using a plant passport.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Forest Reproductive Material (Great Britain) Regulations 2002

Regulation 30

Without a reasonable excuse:
(a) contravening regulations 8(2), 9(2),(3) and (9)(a), 16(1), 17 and 21 to 25;
(b) breaching a condition on which a licence has been granted under regulation 18;
(c) failing to produce records or other documents when required to do so under regulation 26 or to provide access and reasonable facilities for the inspection or copying of electronic material under that regulation;
(d) obstructing or impeding an authorised officer, or any person nominated by an authorised officer under regulation 26(6) in the exercise of powers set out in regulations 26 and 27;
(e) providing or permitting to be provided false information in any document required under these regulations; or
(f) falsifiying test results of assessments carried out for the purpose of providing the information required under regulation 19(2) as read with regulation 20, or otherwise interferes with the testing process so that the information provided pursuant to regulation 19(2) as read with regulation 20 is false.

Summary only offences. Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

No Civil Sanctions can be imposed.