A LANDOWNER has been fined and ordered to replant trees after failing to restock a harvested woodland.
The Northumberland-based landowner had been granted permission to fell the trees at the site in 2015 on the condition it was restocked by June 2019. After missing this deadline, Forestry Commission officials issued an enforcement notice, ordering the work to be carried out by June 2022. Again, this did not happen.
An inspection by the FC found that no planting had taken place and, following engagement with the landowner to encourage replanting without criminal proceedings, a referral was made to the Crown Prosecution Service, ultimately leading to conviction.
The landowner pleaded guilty to the offence at South Tyneside Magistrates Court. As well as the replanting order at the site, near Consett, they will be subject to a fine and costs of £1,030. If the landowner does not comply with the court Restocking Order, they could also face court action for contempt of court, with further financial penalties or even a custodial sentence possible.
Forestry Commission enforcement investigator Jonathan Tizzard said: “It is vital that tree-felling and the necessary harvesting of timber is carried out legally to avoid detrimental effects to the environment.
“The Forestry Commission plays a vital role in helping to tackle forestry-related crime as the industry regulator, and we work with the Crown Prosecution Service and courts to bring offenders to justice and deter future offending in order to protect forests and woodlands across the country.
“It is encouraging to see the courts use their new powers to order restocking, as well as impose a fine. This should reinforce the message to potential offenders that they cannot expect to reap the benefits of their environmental crimes.”
It is an offence to fell trees without a licence, where one would have been required, as well as to fail to comply with the terms of an Enforcement Notice. The Forestry Commission says it will not hesitate to take action if an offence is committed. Both offences carry a penalty of an unlimited fine upon conviction in a Magistrates Court, set at the Court’s discretion.
This case follows another successful court outcome in December 2023 when the court ordered a West Sussex landowner to replant trees at the site of illegal felling after the Forestry Commission issued a Section 24 Enforcement Notice which the landowner did not comply with. Both cases have seen courts use powers available to them since January 2023 following amendments to the Forestry Act 1967.
For advice on how to report instances of suspected illegal tree felling, go to Report suspected illegal tree felling.
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