New powers to crack down on illegal tree felling

New powers to crack down on illegal tree felling - Forestry Commission

Unlimited fines and prison sentences for those felling trees without a licence to be introduced

Unlimited fines and prison sentences are amongst a package of new powers to be introduced as part of a crackdown on illegal tree felling in England, Defra and the Forestry Commission announced today (Friday 23 December).

Delivered as part of the world-leading Environment Act, changes to the Forestry Act 1967 will deliver more proportionate, impactful and enduring enforcement options. The key changes 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.

Landowners have been known to fell trees without a licence in place, in readiness to accept the fine if they are caught and penalised, to repurpose the previously wooded land for commercial reasons. These new powers will curb this illegal practice, streamline and strengthen forestry enforcement administration, and serve to protect our trees, woodlands and forests.

The largest fine issued in recent years following a report of illegal tree felling to the Forestry Commission took place in Hailsham, East Sussex, in January 2020. Hastings Magistrates Court issued a fine of almost £15,000 for the felling of 12 oak trees, all approximately 150 years old.