Jurisdiction(s):
United Kingdom

POCA confiscation applied in Forestry Act prosecution: Swansea Crown Court orders payment after large-scale unlicensed felling in Wales

Published on: 18 July 2024

Published by a LexisNexis Environment expert

Legal News

Article summary

Jeff Lane, 73, was found guilty at Swansea Magistrates’ Court in April 2022 of two offences linked to the unlicensed felling of around 2,000 trees across more than eight hectares (20 acres) of native and wet woodland within the Gower Area of Outstanding Natural Beauty near Swansea — a priority habitat owing to its ecological importance. The felling occurred between April 2019 and September 2020. Mr Lane’s appeal was unsuccessful, and he was again convicted at Swansea Crown Court in November 2022.

The offences Mr Lane was convicted of were:

Offence under section 17(1) of the Forestry Act 1967 (FA 1967) for felling a tree without the authority of a felling licence from Natural Resources Wales (NRW), the relevant forestry authority in Wales. A felling licence was required under FA 1967, s 9(1), as none of the limited exceptions in ss 9(2), 9(3) or 9(4) applied.
Offence under FA 1967, s 24(4) for failing, without reasonable excuse, to take steps to comply with the ‘restocking notice’ served on him by NRW under FA 1967, s 17A(1)...

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