Does the 5 cubic metre rule apply to the landowner or the tenant?
• A. Forestry Act 1967 Section 9 (3), as amended by the Forestry (Modification of Felling Restrictions) Regulations 1985 – SI 1985 No 1958), provides that; ‘felling of trees of licensable size by any person on land in his occupation or occupied by a tenant of his, does not require a felling licence provided that the aggregate cubic content of the trees felled by that person does not exceed 5 cubic metres in any calendar quarter; and the cubic content sold does not exceed 2 cubic metres’. • Q. Is a landowner with 4 tenants restricted to 5 cubic m/quarter across the whole of his land or are the tenants entitled to 5 cubic metres each? What is the position with a landowner who has several separate landholdings throughout Britain? • A. As long as the volume limitations are not exceeded, the purpose of the exemptions are intended to enable the occupier to utilise the timber growing on the land for the purpose of maintenance, repairs and improvements. The owner-occupier or tenant of each sep
