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90834

registered interest
date	05/09/2014
answering body	Department for Environment, Food and Rural Affairs
answering dept id	13
answering dept short name	Environment, Food and Rural Affairs
answering dept sort name	Environment, Food and Rural Affairs
hansard heading	Tree Felling
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Environment, Food and Rural Affairs, when the levels of fines and sanctions for the illegal felling of trees were last reviewed and updated; and what steps her Department takes to ensure that fines and sanctions for the illegal felling of trees are kept up-to-date and are effective.
tabling member constituency	Basingstoke
tabling member printed	Maria Miller
uin	208409
answer	answer is ministerial correction date of answer 10/09/2014 answer text <p> </p><p>The fines and sanctions for the illegal felling of trees are laid out in the Forestry Act 1967 (as amended). The Criminal Justice Act 1982 made provision to increase the level of fine when it introduced the standard scale of fines for summary offences.</p><p> </p><p> </p><p> </p><p>The Forestry Act 1967 was also amended by the Regulatory Reform (Forestry) Order 2006. This amendment now enables the Forestry Commissioners the option of serving a Restocking Notice on a person who appears to the Commissioners to have committed an offence of felling without a licence.</p><p> </p><p> </p><p> </p><p>The Government’s regulation of the forestry sector was last reviewed in 2011 by the Forestry Regulations Task Force. The independently appointed Task Force made a comprehensive review of the regulations that protect and affect the management of woodland. The Government’s response to its recommendations can be found at: <a href="https://www.gov.uk/government/publications/report-by-the-forestry-regulation-task-force-government-response" target="_blank">https://www.gov.uk/government/publications/report-by-the-forestry-regulation-task-force-government-response</a></p><p> </p> answering member constituency North Cornwall answering member printed Dan Rogerson question first answered 10/09/2014 10:34:57 answering member 1504 label Biography information for Dan Rogerson
tabling member	1480 label Biography information for Dame Maria Miller

90835

registered interest
date	05/09/2014
answering body	Department for Environment, Food and Rural Affairs
answering dept id	13
answering dept short name	Environment, Food and Rural Affairs
answering dept sort name	Environment, Food and Rural Affairs
hansard heading	Tree Felling
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Environment, Food and Rural Affairs, how many trees have been illegally felled in England and Wales; how many restocking orders have been issued by the Forestry Commission or other relevant body; how many enforcement notices have subsequently been issued following restocking orders not being completed; and how many prosecutions have been taken forward by the Forestry Commission as a result of illegal felling of trees in each of the last 10 years.
tabling member constituency	Basingstoke
tabling member printed	Maria Miller
uin	208410
answer	answer is ministerial correction date of answer 10/09/2014 answer text <p> </p><p>The answer below is for England only. Forestry is a devolved matter and responsibility for and monitoring of illegal felling in Wales rests with the Welsh Assembly.</p><p> </p><p> </p><p> </p><p>The Forestry Commission does not hold records for the number of trees which are illegally felled because it is the volume of licensable timber which is the key consideration in whether any action may be taken. In 2013/14 however, 99.91% of licensable tree felling was carried out with Forestry Commission approval. The other data requested is shown in the table.</p><p> </p><p> </p><p> </p><p> </p> answering member constituency North Cornwall answering member printed Dan Rogerson question first answered 10/09/2014 10:33:18 answering member 1504 label Biography information for Dan Rogerson attachment 1 file name Enforcement Notices - illegal tree felling 2004-05 to 2013-14.doc title Enforcement Notices - illegal tree felling
tabling member	1480 label Biography information for Dame Maria Miller

90836

registered interest
date	05/09/2014
answering body	Department for Environment, Food and Rural Affairs
answering dept id	13
answering dept short name	Environment, Food and Rural Affairs
answering dept sort name	Environment, Food and Rural Affairs
hansard heading	Tree Felling
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Environment, Food and Rural Affairs, what guidance her Department issues on the time required to investigate cases where prosecution is being considered by the Forestry Commission for the illegal felling of trees.
tabling member constituency	Basingstoke
tabling member printed	Maria Miller
uin	208411
answer	answer is ministerial correction date of answer 10/09/2014 answer text <p> </p><p>Defra does not issue any such guidance. Strict time limits are specified in the Forestry Act 1967 which states that proceedings for an offence of felling without a licence may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.</p><p> </p> answering member constituency North Cornwall answering member printed Dan Rogerson question first answered 10/09/2014 10:18:43 answering member 1504 label Biography information for Dan Rogerson
tabling member	1480 label Biography information for Dame Maria Miller

62227

registered interest
date	17/06/2014
answering body	Department for Environment, Food and Rural Affairs
answering dept id	13
answering dept short name	Environment, Food and Rural Affairs
answering dept sort name	Environment, Food and Rural Affairs
hansard heading	Forestry Commission
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Environment, Food and Rural Affairs, what powers the Forestry Commission has to (a) impose fines, (b) restore woodland and (c) take other enforcement action where a landowner has carried out deforestation contrary to the Forestry Act 1967.
tabling member constituency	Basingstoke
tabling member printed	Maria Miller
uin	201063
answer	answer is ministerial correction date of answer 23/06/2014 answer text <p> </p><p>Only the courts have the power to impose fines on people convicted of felling trees without a licence where one is required under the Forestry Commissioners' Power to control felling of trees in Part II of the Forestry Act 1967 (as amended). This can be up to £2,500 or twice the value of the trees, whichever is the higher.</p><p> </p><p> </p><p> </p><p>Where it appears to the Forestry Commissioners that somebody has committed an offence by felling trees without a licence where one is required, the Commissioners can serve them with a Restocking Notice requiring the area to be restocked. Failure to comply with the requirements of a Restocking Notice can result in an Enforcement Notice being issued. It is an offence not to obey an Enforcement Notice, which can mean a possible fine of up to £5,000.</p><p> </p><p> </p><p> </p><p>Where deforestation accompanied by a change of land use has not received the required consent and has a significant impact on the environment, the Forestry Commission can, under the provisions in The Environmental Impact Assessment (Forestry)(England and Wales) Regulations 1999, issue an Enforcement Notice requiring the land to be restored to its condition before the work started.</p><p> </p><p> </p><p> </p> answering member constituency North Cornwall answering member printed Dan Rogerson question first answered 23/06/2014 10:21:26 answering member 1504 label Biography information for Dan Rogerson
tabling member	1480 label Biography information for Dame Maria Miller