Forestry Act, 1946
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Replanting orders. |
52.—(1) Whenever a person is convicted of an offence, in relation to any tree which is or was situate on land owned by him, under section 37 or section 39 or section 45 or section 47 or section 51 of this Act, the Minister may, if he thinks fit, make and serve on that person an order requiring that person to do the following things, that is to say:— | |
(a) before the expiration of a specified period of not less than twelve months from the date of the order or within such (if any) extension of that period as the Minister in his discretion may allow, to plant, in accordance with the general practice of good forestry, on a specified part of such land or of other land owned at the date of the order by that person, either (as the Minister thinks fit and inserts in the order) a specified number of trees of a specified kind or such numbers of trees of various specified kinds as the Minister specifies, and | ||
(b) until the expiration of a period of eleven years from the date of the order or a period of ten years from the date of planting, whichever period expires last, to preserve, in accordance with the general practice of good forestry, the trees planted in pursuance of the order and for that purpose to maintain in good repair and effective condition all fences and other protection necessary to protect such trees from being injured or destroyed by the trespass of any animals. | ||
(2) A replanting order may, if the Minister thinks fit and so specifies therein, require the person in respect of whom the order is made, before planting any tree in pursuance of the order, to fence the place on which the tree is to be planted in such a manner as will effectively protect the tree, when planted, from being injured or destroyed by the trespass of any animals. | ||
(3) Where a replanting order is served on any person the provisions of the order shall be binding on that person and on each of his successors in title to the land to which the order relates. | ||
(4) Where— | ||
(a) a replanting order is served on any person, and | ||
(b) that person is not the occupier for the time being of the land to which the order relates, | ||
the order shall, in so far as it relates to the preservation of trees and the maintenance of fences and other protection, be binding on the person who is for the time being the occupier of such land. | ||
(5) If any person on whom any provision or provisions of a replanting order is or are for the time being binding fails to comply therewith, that person shall be guilty of an offence under this section in respect of every month during which such failure continues and shall be liable on summary conviction thereof, in the case of a first such conviction in relation to such replanting order, to a fine not exceeding five pounds and, in the case of every subsequent such conviction in relation to such replanting order, to a fine not exceeding ten pounds. |