Illegal logging in England is punishable by imprisonment and unpaid fines Trees and forests

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The government has announced that illegal logging in England will be punishable by unlimited fines and prison sentences from 1 January.

The current fine for felling a tree without a license, which is set under the Forestry Act 1967, is £2,500 or twice the value of the timber, whichever is higher.

But the value of land development, as opposed to the price of timber, has been a major driver of illegal logging in recent years.

To deter tycoons from illegally flattening trees and accepting frivolous penalties as a cost of doing business, the Forestry Act 1967 will be amended by the Environment Act to allow unfettered fines. The Environment Act was passed into law in November 2021, though its provisions against illegal logging have not yet entered into force.

Under current laws, the illegal felling of 12 oak trees, some 150 years old, resulted in a fine of just £15,000 in January 2020. The case, which was brought before Hastings Magistrates’ Court, was remarkable in that it resulted in one of the largest fines. In the last years.

“These new forces will hit people where it hurts — in their wallets,” said Forestry Commission CEO Richard Stanford. “By ensuring that illegal logging is no longer a financially viable option for criminals, these measures are an important step forward in the fight against this crime and will aid in our endeavors to combat the climate emergency and nature crisis.”

The changes also mean that failure to replant illegally felled trees after a court decision to restock can result in a prison sentence.

Also, selling land developed through illegal cutting would be less profitable, with notices of restocking and enforcement notices included in the local land charge register – which could reduce the value of the land in the eyes of purchasers.

But critics question whether harsh punishments would be implemented often enough to be an effective deterrent. The Guardian revealed last month that only 15 of the 4,002 alleged illegal logging cases reported to the Forestry Commission led to a successful conviction between 2012-13 and 2021-22.

The Forestry Commission, a non-ministerial government department, said its enumeration of alleged wrongdoings was exaggerated by members of the public in false reporting. Exemptions apply in most of the cases identified, which relate to factors such as the size of the wood and the diameter and location of the tree.

Local planning authorities already have the power to issue Tree Protection Orders (TPOs), with those who breach them facing unlimited fines if the case is serious enough to be prosecuted in Crown Court. Earlier this year a case brought by Eastleigh County Council resulted in a £50,000 fine for a landowner who illegally felled a number of trees within Copps Ski, including oak, ash, birch, hawthorn and poplar.

Starting January 1, 2023, even trees without TPOs can get illegal fellers an unlimited fine, if they are cut without a license outside of qualifying exemptions.

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Forestry Minister Trudy Harrison said: “Logging without a license is illegal and can cause irreparable damage – scarring landscapes, damaging habitats for wildlife, and causing distress to local communities.

“These stringent measures, implemented as part of a world-leading environmental law, are enabling the Forestry Commission to tackle the problem head on with unlimited fines and custodial sentences for the worst offenders.”

Abe Bunker, Director of Conservation at the Woodland Trust, said: “This is a welcome announcement that will further strengthen tree protection in England. These changes should send a clear message that illegal logging, for example before development proposals are submitted, will not be tolerated.” with him, and that the penalties reflect the value and the many benefits that trees bring to our towns and cities.

“It is important that this is supported by increased resources for organizations that deal with enforcement of illegal logging.”

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