If the Forestry Commission discovers that work subject to EIA Regulations is being carried out without consent, or an applicant is breaching the terms of a previously granted consent, we may serve an Enforcement Notice.
The Enforcement Notice is a legal document. It is an offence if a person on whom a notice has been served does not comply with the terms written in the Notice. They may, on summary conviction, be liable to a fine not exceeding £5000.
Who can be served an Enforcement Notice
An Enforcement Notice can be served on:
- the person carrying out the work, possibly the contractor
- the property owner
- any other people who have sufficient interest in the property (allowing them to carry out the work without the need to get permission from anyone else)
What the Enforcement Notice specifies
- apply to the Forestry Commission for consent
- restore the land to the condition it was in before any work on the relevant project was carried out
- carry out any work on the land that is reasonably necessary to ensure the terms of the consent are complied with
- remove or alleviate any damage or injury to the environment that has been caused by the relevant project
- stop the work in relation to the relevant project
When an Enforcement Notice can be served
The Forestry Commission can serve an Enforcement Notice when they discover that a person:
- is carrying out or has carried out work where consent would be required
- is in breach of a condition of a consent already given.
Period of the notice
The notice can specify the period during which any of the first four measures specified in the above list must be taken. Different periods can be specified for different measures.
If a person does not comply with an Enforcement Notice then they are guilty of an offence and may on summary conviction be liable to a fine not exceeding the statutory maximum.
The Enforcement Notice requires a person to take one or more of the following measures: