264.Section 53 amends the 2018 Act, specifically the existing offence of unauthorised felling at section 23. The amendment extends the offence to cover not only those persons who physically fell trees unlawfully but also those persons who knowingly cause or permit another person to unlawfully fell a tree.
265.Section 53 also introduces a new defence which provides that it is a defence for a person charged with the offence of unauthorised felling to show that they reasonably believed that the felling was carried out in accordance with a necessary permission, direction, or notice. This provides a defence to those who act in good faith and reasonably rely on what they are told or shown by owners or occupiers of land (or their agents).
The Act Forestry Section 53 – Forestry: offence of unauthorised felling