Forestry Act 2014

7.

Granting of licences, etc. by Minister

7. (1) Where the Minister, following an application under the relevant statutory provisions—

(a) grants a licence,

(b) gives an approval,

(c) makes a grant, or

(d) makes an entry in a register,

he or she may grant, give or make it, as appropriate, with or without conditions.

(2) Where a matter to which subsection (1) relates has been granted, given or made, the Minister may where appropriate, in whole or in part, subsequently—

(a) vary any conditions, or

(b) suspend or revoke the licence, approval or grant, or remove the entry,

having regard to all the circumstances of the case, including non-compliance with any conditions, but a revocation of a licence or of another foregoing matter shall not take place unless the Minister is satisfied that—

(i) there are substantial grounds warranting that course of action, and

(ii) the exercise of none of the other powers under this subsection would remedy the matter.

(3) Where the Minister, following an application as referred to in subsection (1)

(a) refuses to grant, give or make it, as appropriate,

(b) specifies conditions under subsection (1), or

(c) takes any of the actions specified in subsection (2)(a) or (b),

he or she shall provide reasons and inform the applicant of the procedure for appealing the decision.

(4) Where subsection (2)(b) applies, the Minister may specify that any or all of the conditions shall remain in force notwithstanding such revocation or suspension, for such period as the Minister may specify.

(5) Where subsection (4) applies, the Minister may extend the time specified.

(6) The Minister shall inform the applicant of any action taken under this section.

(7) Where conditions are attached or varied pursuant to this section and the applicant is not the owner, the conditions shall be binding on the owner.

(8) A person may, without a licence, fell or otherwise remove an exempted tree.

(9) In this section “application” includes an application submitted electronically, if available.