Forestry and Land Management (Scotland) Bill 11 Part 4—Felling Chapter 3—Felling permission 28A Variation of felling permission (1) The Scottish Ministers may vary a felling permission— (a) by agreement with the person to whom the felling permission was granted, (b) if the Scottish Ministers have reason to believe that, to prevent or minimise harm 5 to the environment or to any living thing— (i) in a case where felling has not begun, felling should not begin, (ii) in a case where felling has begun, felling should stop immediately. (2) The Scottish Ministers must give a notice varying a felling permission under subsection (1)(b) to the person to whom the felling permission was granted. 10 (3) The notice must— (a) set out the Scottish Ministers’ reasons for making the variation, (b) specify the effect of the variation on the felling permission, and (c) specify the date on which the variation takes effect (which must not be earlier than the date on which the notice is given under subsection (2)). 15 28B Suspension of felling permission (1) The Scottish Ministers may suspend a felling permission if subsection (2) or (3) applies. (2) This subsection applies if the Scottish Ministers have reason to believe— (a) that a felling permission has not been complied with, is not being complied with or is likely not to be complied with, 20 (b) that that has resulted in, is resulting in, or is likely to result in, harm to the environment or to any living thing, and (c) that, for the purpose of allowing the Scottish Ministers to investigate the circumstances mentioned in paragraphs (a) and (b)— (i) in a case where felling has not begun, felling should not begin, 25 (ii) in a case where felling has begun, felling should stop immediately. (3) This subsection applies if the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing— (a) in a case where felling has not begun, felling should not begin, (b) in a case where felling has begun, felling should stop immediately. 30 (4) The Scottish Ministers must give a notice suspending a felling permission to the person to whom the felling permission was granted. (5) The notice must— (a) set out the Scottish Ministers’ reasons for making the suspension, (b) specify the effect of the suspension on the felling permission, 35 (c) specify the date on which the suspension takes effect (which must not be earlier than the date on which the notice is given under subsection (4)), and (d) specify the period for which the suspension is to have effect. 12 Forestry and Land Management (Scotland) Bill Part 4—Felling Chapter 3—Felling permission 28C Revocation of felling permission (1) The Scottish Ministers may revoke a felling permission if— (a) the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing— 5 (i) in a case where felling has not begun, felling should not begin, (ii) in a case where felling has begun, felling should stop immediately, and (b) they consider that the harm cannot be prevented or minimised by the variation or suspension of the felling permission. (2) The Scottish Ministers must give a notice revoking a felling permission to the person to 10 whom the felling permission was granted. (3) The notice must— (a) set out the Scottish Ministers’ reasons for making the revocation, and (b) specify the date on which the revocation takes effect (which must not be earlier than the date on which the notice is given under subsection (2)). 15 29 Compensation for refusal of felling permission (1) If the Scottish Ministers refuse an application for felling permission, a person who suffers loss as a result of the refusal is entitled to compensation in accordance with provision made in regulations made by the Scottish Ministers. (2) Regulations under subsection (1) may, in particular, include provision about— 20 (a) persons who are entitled to compensation, (b) the procedure for applying for compensation, (c) the information to be provided in applications, (d) the way in which the amount of compensation is to be determined, (e) the way in which any disputes about compensation are to be determined, 25 (f) appeals about decisions relating to compensation. 30 Felling of trees subject to tree preservation orders (1) If an application for felling permission relates to a tree that is covered by a tree preservation order, the Scottish Ministers may— (a) after complying with subsection (1A), decide whether to grant permission, or 30 (b) if consent under the order is required for the felling of the tree, refer the application to the planning authority that made the order. (1A) The Scottish Ministers must— (a) consult the planning authority that made the order, and (b) have regard to any representations made by that planning authority.