Forestry Act 1967 — Failure to apply for felling licence — Trees felled — Informations dismissed by magistrates — Offence where “anyone” fells without licence — Case stated — Meaning of “anyone” — Appeal by Commission allowed
The first respondent owns premises at Aspley Heath, Milton Keynes, Bucks. On August 12 1987 he entered into an agreement with the Trustees of the Bedford Estate by which he was granted a licence to use and occupy an area of land; the agreement conferred no estate or interest on the first respondent. As it was assumed that the area of land was subject to the Woodland Dedication Scheme, the second respondent, the steward to the Trustees, obtained the consent of the Forestry Commission to a variation to the dedication agreement to permit the felling of certain trees. Between February 29 and March 15 1989, on the instructions of the first respondent, a number of trees were felled in the area. The Forestry Commission laid informations against the first respondent, alleging that he was guilty of an offence under section 17 of the Forestry Act 1967, and against the respondent for aiding and abetting the offence. Section 17(1) states: “Anyone who fells a tree without the authority of a felling licence … shall be guilty of an offence …”. The Leighton Buzzard justices dismissed the informations as they were of the opinion that in the case of a penal provision, where there were two possible constructions, the least injurious should be chosen: “anyone” should be given a narrow construction. The Commission appealed by way of a case stated and the question for the court was: “Does’ ‘anyone’ within section 17 of the Forestry Act 1967 mean just that. Or is it to be more narrowly construed as referring only to those persons with an estate or interest in the land in question and who could have applied for a licence under section 10 of the said Act”.
Held The appeal was allowed, but pursuant to section 6 of the Summary Jurisdiction Act 1846, the case was not remitted to the justices.
Section 9(1) of the 1967 Act provides that a felling licence granted by the Commissioners shall be required for the felling of growing trees, subject to a number of exceptions. Section 10(1) provides for an application for a felling licence, and makes clear that an application can only be made by a person “having such an…interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees”; the first respondent did not have that interest.
The word “anyone” is an unusual word, but there is no ambiguity in its meaning; the restricted meaning could not stand. It is not restricted to those with sufficient interest and who may apply for a felling licence. It was not necessary to consider the amended section 17A(1) to the 1967 Act, introduced by the Forestry Act 1986, which qualified the word in the case of notice for restocking of land.
Farrell v Alexander
[1977] AC 59 cited but not referred to in the judgments.
Peter Birts (instructed by the Solicitor to the Forestry Commission) appeared for the appellant; and Stephen Waine (instructed by Horwood & James, of Milton Keynes) appeared for the first respondent. The second respondent, Michael Thompson, did not appear and was not represented.
