Jail time threat for illegal felling of trees in England

Offenders could also face unlimited fines as part of new powers to be introduced by Defra and the Forestry Commission. 

Ministers believe these laws will put a stop to landowners felling trees without a licence in place, in readiness to accept the fine if they are caught and penalised. At present, fines are limited to £2,500 or twice the value of the trees felled. 

Forestry Minister Trudy Harrison said: “Felling trees without a licence is illegal and can cause irreparable harm - scarring landscapes, damaging habitats for wildlife, and causing distress for local communities.  

“These robust measures, implemented as part of our world-leading Environment Act, empower the Forestry Commission to tackle the issue head-on with unlimited fines and custodial sentences for the worst offenders." 

The key changes - enforced from January 1 - are: 

• Felling trees without a felling licence, where one was required, will carry the penalty of an unlimited fine – up from the current limit of £2,500 or twice the value of the trees felled;
• Failure to comply with a Forestry Commission Enforcement Notice and a subsequent court-ordered Restocking Order (meaning any trees felled must be replanted) will put offenders at risk of imprisonment, in addition to an unlimited fine; 
• Restocking Notices and Enforcement Notices will be listed on the Local Land Charges Register, making them visible to prospective buyers of the land – potentially reducing the land’s value.  

Forestry Commission chief executive Richard Stanford said: “These new powers will hit people where it hurts – in their wallets. 

Forestry Minister Trudy Harrison (Image: NQ)

"By guaranteeing that illegal felling is no longer a financially viable option for offenders, these measures are a significant step forward in the fight against this offence and will help in our endeavours to fight the climate emergency and nature crisis.”  

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