Forestry offences

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 24C (10)

Failing without reasonable excuse to take any steps required by a notice under section 24C (a Suspension, Variation or Revocation Notice) of the Forestry Act 1967 as amended.

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.

Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

Regulation 39

Summary Only offence

Failure to comply with a provision of a notice, an authorisation or permit or a direction.

Standard criminal and offence specific responses

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions which can be imposed are

  • Compliance Notice
  • Restoration Notice
  • Fixed Monetary Penalty
  • Variable Monetary Penalty
  • Stop Notice

Civil sanction which can be offered is

  • enforcement undertaking

Regulation 43

Summary Only Offence

Intentionally obstructing a person acting in execution or enforcement of the Regulations, failing to give assistance or information which an authorised person may reasonably require or failing to produce a document or record.

Standard criminal and offence specific responses

  • Warning
  • Formal caution
  • Prosecution

Civil sanctions which can be imposed are

  • Compliance Notice
  • Restoration Notice
  • Fixed Monetary Penalty
  • Variable Monetary Penalty
  • Stop Notice

Civil sanction which can be offered is

  • enforcement undertaking
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