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F O R E S T R Y C O M M I S S I O NB O O K L E T N O . 2

The Dedication of W oodlands

Principles and ProcedureF O U R T H E D I T I O N

A p ril 1956

L O N D O NH E R M A J E S T Y ’ S S T A T I O N E R Y O F F I C E

P R I C E 2 s . 6 d . N E T

Forestry Commission

ARCHIVE

F O R E S T R Y C O M M IS S IO NB O O K L E T N O . 2

THE DEDICATION OF

WOODLANDSP R I N C I P L E S

A N D P R O C E D U R E

F O U R T H E D IT IO N April 1956

L O N D O NH E R M A J E S T Y ’S S T A T IO N E R Y O F F I C E

1956

Addresses o f the Main Offices o f the Forestry Commission

HeadquartersD i r e c t o r G e n e r a l : Sir A rthur Gosling, K.B.E., C.B.

D e p u t y D i r e c t o r G e n e r a l : Sir Henry Beresford-Peirse, Bt..Forestry Commission,

25 Savile Row, London, W. 1 (Regent 0221)

Directors o f Forestry:

E n g l a n d

O. J. Sangar, C.B.E., M.C.,1 Princes Gate, London, S.W.7

(Kensington 9691)

S c o t l a n d

A. H. H. Ross, O.B.E.,25 Drum sheugh Gardens, Edinburgh, 3

(Edinburgh Caledonian 4782)

W ales

G. B. Ryle,Victoria House, M arine Terrace, Aberystwyth

(Aberystwyth 367)

R e s e a r c h a n d E d u c a t i o n

James M acdonald, C.B.E.,Forestry Commission, 25 Savile Row, London, W .l

(Regent 0221)

Foreword to the Fourth Edition

ByT h e E a r l o f R a d n o r , K .C .V .O .

Chairman o f the Forestry Commissiona n d

M a j o r S i r R i c h a r d P r o e y , B t .Chairman o f the United Kingdom Forestry Committee

There has been steady progress in the dedication of privately owned woodlands since the scheme was introduced in 1948; by 30th September 1955 the total area covered by completed Dedication Deeds was 410,000 acres, while deeds were being prepared in respect o f another 40,000 acres. M any owners have now had five years’ experience of how the scheme works, and have confirmed that in practice it allows them greater freedom of operation than they would have if they had not dedicated their estates. A Plan of Operations—drawn up not by the Forestry Commission but by the owner himself—is found to be helpful in dealing with management problem s; and owners have welcomed the assurance which the Plan gives th a t felling licences will be issued as and when the needs o f the woodland estate as a whole dictate. It is also, we are informed, the general experience of owners who have dedicated that, although in its early stages the process entails frequent visits from officers of the Commission, they have, at least, been helpful and encouraging and fully aware both th a t the responsibility for the m anagement o f the woods remains with the owner and th a t rigidity in interpreting the Plan will defeat the objects of the scheme.

Dedication remains in the view of the Committee and of the Commission the principal step towards the replanting and proper maintenance of privately owned woodlands, and we therefore commend it wholeheartedly and w ithout reservation to all owners who have not so far dedicated'.

F o r e s t r y C o mm i s s i o n January, 1956

Contents

T h e D e d i c a t i o n S c h e m e

General .The Plan of Operations .The New Form of Covenant .Procedure

A p p e n d i x IForestry Deed of Covenant: England and Wales, Basis I

" A p p e n d i x I AForestry Deed of Covenant: England and Wales, Basis II

A p p e n d i x I IForestry Agreement: Scotland, Basis I

A p p e n d i x I IAForestry Agreement: Scotland, Basis II .

A p p e n d i x 111Plan of Operations Form s

A p p e n d i x IV ^Form of Account, Basis I

A p p e n d i x VO ther G rants Available to W oodland Owners

A p p e n d i x V IAddresses of Conservators of Forests

THE D E D I C A T I O N SCH EM EG E N E R A L

(1) I t is calculated that, when hostilities ceased in 1945, there were three million acres o f privately owned woodlands in G reat Britain and that o f this acreage only half was productive; and it is well known that not all the productive woodlands were being efficiently managed to produce timber of the quality or quantity of which the land was capable. I t was to remedy this situation that the Dedication Scheme was introduced. Its origin is explained in the Forestry Commissioners’ Report on Post-War Forest Policy, Chapter III, and in a Supplementary Report entitled Post-War Forest Policy, Private Woodlands which records agreement on principles reached between the Commissioners and representatives of bodies interested in private w oodlands1. The scheme has since then been supplemented by other forms of assistance. They are more fully described in the pam phlet Grants fo r Woodland. Owners obtainable from any office of the Forestry Commission, and are summarised in Appendix V of this booklet.

(2) A t the instance of the U nited Kingdom Forestry Committee, representing the woodland owners o f G reat Britain, certain clauses of the original Deeds and Agreements2 were modified in 1949. It has since become apparent that the existing Covenants were open to objection, and new versions have been devised in consultation with the Committee. The main changes are described in paras. 9 to 11 below and the Covenants are set out in full, with explanatory notes, in Appendices I, IA, II, and IIA.

(3) The dedication scheme is in essence very simple, despite the somewhat formidable language in which the Covenants are necessarily expressed. A dedicating owner undertakes that the dedicated lands will never be used other than for the production of tim ber in accordance with the rules or practice of good forestry and, further, that so long as he owns the woods, he will work to a Plan of Operations approved by the Commissioners, keep the essential records which the Plan requires, and ensure skilled supervision. (This does not necessarily m ean that he will have to employ additional paid supervisors). In return, he is financially assisted either (under Basis I) by being paid annually a grant o f one quarter of his approved net expenditure so long as the woodlands are not self-supporting or (under Basis II) by being paid a grant for all planting (at present £17 per acre) and a maintenance grant (at present 5s. 6d. per acre) for fifteen years in respect of all plantations which, at the time of dedication, were productive (provided the woodland is not less than 50 per cent stocked it is accepted as productive); similar grants are paid in respect of every acre planted after dedication, the maintenance grant running for the first fifteen years from planting. The choice between Basis I and Basis II is at the owner's d iscretion;1 Post-W ar Forest Policy, Report by the Forestry Commissioners (Cmd. 6447). Post-W ar

Forest Policy—Private Woodlands. Supplementary Report by The Forestry Commissioners (Cmd. 6500). These publications can be obtained from H.M . Stationery Office, price 3s. Od. and 6d. respectively.

2 The full title is “ Forestry D eed o f Covenant ’’ in England and Wales and “ Forestry Dedication Agreement ” in Scotland, but for convenience the expression “ Covenant ” is used throughout this booklet except in Appendices I, 1A, II, and 1IA.

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but although he may with the Commissioners’ consent change the basis o f any dedicated woodlands adjacent to his own which he m ay acquire, he may not, having once chosen one basis, transfer to the other; nor m ay he have, on the same estate, one part of his woods under Basis I and another under Basis II. Thinning grants and Scrub Clearance grants are payable, where appropriate, in addition to norm al dedication grants; these grants are however taken into the accounts as receipts if the estate is on Basis I (see Appendices I and II).

(4) I t is im portant to say what Dedication does not m ean :It does not take from the ow ner'o r his successors their right to their

own woodlands; he retains absolutely his ownership and possession o f the dedicated land and the timber on it.

It does not substitute control by the Commission for control by theowner.

It is not a step towards, but rather away from, State ownership.(5) There are other positive advantages:

(i) The owner of a dedicated woodland cannot (unless the appropriate Minister has issued a certificate under Section 10 (2) (a) o f theForestry Act 1951, which relates to special emergencies) be refuseda licence for any fellings which are in accordance with an approved Plan of Operations, and no conditions may be attached to such licences. N or may the Commissioners give directions for the felling of trees on a dedicated estate.

(ii) Tree Preservation Orders under the Town and Country Planning Act, 1947, or the Town and Country Planning (Scotland) Act, 1947, cannot be made on trees on any dedicated land.

(iii) Dedicated lands managed in accordance with an approved Plan of Operations cannot be acquired compulsorily for forestry; and owners should refer to the Commissioners (who are parties to the Covenant) any proposal by any other authority to acquire dedicated woodlands for purposes other than forestry. Unless the case for a change of use is overwhelming, they can rely on the Commissioners’ full and active support in trying to ensure th a t the maximum possible area will be retained in forestry.

(iv) The Commissioners are prepared to m ake loans, norm ally on the security of the plantations, to owners o f dedicated woodlands to m eet the cost o f planting and other operations. The rates of interest3, which are constant for the period of the loan, depend on the Governm ent borrowing rate at the time when the loan is m ade; paym ent o f interest is made annually, beginning 12 m onths after the loan is made. The repaym ent o f capital by annual instalments need not begin until the 16th year.

(6) A num ber o f woodland owners who practise or are anxious to practise good forestry have hitherto been reluctant to enter into dedication Covenants. Their reluctance usually arises from the fear th a t signature of the Covenants will make them and their successors subject to increasing interference from the State.3 As at 1st April, 1956, the rates are: 6% for loans up to 5 years, and 5J% for longer term loans.

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It is the policy o f the Commissioners in adm inistering the Dedication Scheme to take into account to the maximum extent possible the wishes of owners; but even if this were not so there are safeguards in the Covenant against arbitrary dictation. For example, disputes as to the rules or practice o f good forestry fall to be referred not to the Commissioners bu t to a Committee appointed by the appropriate M inister; and the decision o f th a t Committee in all but two types of dispute is binding on the Commissioners. Certain other disputes fall to be referred to a single arb itrator appointed by agreement between the parties or, in default o f agreement, by the President o f the Royal Institution of Chartered Surveyors or the Chairm an of the Institution’s Scottish Committee. There is also provision for the release o f an owner (whether the original signatory or not) from his obligations in certain circumstances which are set out m ore fully in the explanatory notes in Appendices I to IIA. The only obligation which can be legally binding on a successor in title o f the original signatory o f a Covenant—for example after death or sale of the property—is the obligation no t to use the dedicated land for any purpose other than the growing of timber in accordance with the rules or practice of good forestry. There is thus no question o f a successor to the estate being bound, if he does not wish to be bound, for example, by the details of a Plan of Operations laid down by his predecessor. (See also paras. 9 and 10).

(7) It is sometimes suggested th a t there is nothing in the Covenant to prevent the Commission from taking over management o f dedicated properties as soon as there is some m inor and unintended infringement o f the detailed stipulations of the Covenant or the Approved Plan. This is a theoretical possibility only. An owner would first be given the opportunity to put right any failure which is capable of remedy; and only if he declined to do so, or if the failure was one not capable of remedy, would the Commissioners consider taking over m anagement for the owner.

T HE P L A N OF O P E R A T I O N S(8) A num ber of changes, mainly in the interests of clarity and simplicity,

have been m ade in the form of the Plan and the forms which accompany it. The new form is set out, with explanatory notes, in Appendix III. Any owners who are using the existing form of Plan may continue to do so until the end of its current period. The preparation of the Plan is left entirely to the owner, though Commission officers will give advice if required. It should be remarked here that the Commissioners’ views on what constitutes an acceptable Plan are not rigid. For example, they recognise that shooting can be combined with forestry; and an owner who while managing his woods primarily for the production of timber at the same time relies on their sporting value for his own pleasure or as a source of income, may legitimately state that fact in the Plan of Operations as one of the ancillary objects of management taken into account in fram ing the detailed provisions of the Plan. They recognise also that there is often a need and a justification for some flexibility about the year in which m ature stands of timber may be felled; an owner who wishes may reserve some stands, suitable for felling in the period covered by the Plan, for felling at a time to be selected by the owner for reasons of general estate management or adm inistration, rather than specify in the Plan precisely when the work will be carried out. It should be clearly understood that dedication does not add to the felling restrictions of the Forestry Act 1951.

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T H E N E W F O R M OF C O V E N A N T(9) The new forms of Covenant which have been agreed with the United

Kingdom Forestry Committee now make it clear that although the Covenant is binding in its entirety on the original owner, th a t is the person who signs it, once the original owner has parted with all his interest in the land by sale, transfer, or death, the positive clauses—i.e. those requiring adherence to an approved plan o f operations, the carrying out of approved works, the employm ent o f skilled staff, etc.—are unenforceable against a person who succeeds to the property or purchases it. The only restriction on any successor is that contained in Clause I (Clause First in the Scottish version) which prohibits the use o f the land otherwise than for the growing of timber in accordance with the rules or practice o f good forestry. This restriction does not compel a successor in title to take any positive action, but it prevents him from using the land for any other purpose. He will be invited to enter into a new Dedication Covenant, or alternatively to sign an undertaking agreeing, in consideration of the continuation o f the paym ent of the grants, to be bound by all the covenants and conditions contained in the Deed o f Covenant entered into by his predecessor in title. In either case he would be in the same position as his predecessor and entitled to receive grants. Whichever alternative is adopted the new owner, in the case o f a Basis II dedication, would receive only the balance o f the fifteen-year maintenance grants which the original covenanter would have been entitled to receive under the terms of the Covenant entered into by him, the standard form of the appropriate schedule being amended accordingly.

(10) The Commissioners have no intention of pursuing any claim for damages they may have against the estate o f any signatory to a Dedication Covenant after his death, or against any such signatory during his lifetime after he has sold all his interest in the dedicated land, in respect of breaches of Covenant com m itted after his death or the sale as the case may be; and in the event of the death o f the signatory or on the Commissioners being satisfied th a t he has parted with all interest in the land, they will be prepared, if so requested, to give a written assurance to this effect to the personal representatives o f the signatory, or to him as the case may be.

(11) The opportunity has been taken o f incorporating in the revised Covenants the following changes of substance as well as some drafting am endments :

(i) Under the old form o f Covenant, any disputes about the rules or practice o f good forestry would be referred to an Investigating Committee whose recom m endations would no t be however binding on the Commissioners. U nder the revised Covenants these Investigating Committees will be replaced by Reference Committees modelled on those provided for by the Forestry Act, 1951. The Chairm an will be appointed by the M inister o f Agriculture or the Secretary of State for Scotland, and the members will be selected by the appropriate Minister from a panel appointed by him after consultation with the organisations representing landowners and timber m erchants, the forestry societies, and the Regional Advisory Com mittee for the Conservancy. The decisions of such Committees about the rules or practice of good forestry will be binding on both parties to the Covenant except in relation to (a) whether any work required

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has been carried out in a proper and workmanlike m anner or (b) the am ount o f felling to be prescribed in a Plan o f Operations. In such cases the Commissioners will m ake the final decision after having given due consideration to the recom m endations of the Reference Committee.

(ii) The old form of Covenant (Basis II) provided that the grants should be reviewed in the light o f the general trend of ascertained costs in 1951, and thereafter at such periods as the Commissioners might decide. The new form provides for review at least once every three years.

(iii) The Commissioners are given power to determine the Covenant if the owner fails to perform his obligations under the Covenant.

(12) All owners o f estates dedicated in the old form will be given the opportunity, if they so wish, to enter into new Covenants in the revised form, the whole o f the legal charges being in that case payable by the Commission.P R O C E D U R E

(13) Any owner who is considering the dedication of all or any of his woodland estate is recommended, as the first step, to invite the Conservator or one o f his officers to discuss with him the area to be dedicated and the general outline of a Plan o f Operations. The addresses o f the Conservators will be found in Appendix VI.

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Appendix I

N OTE: I f the lands are mortgaged or charged the mortgagees or chargees should be

jo in ed as parties.A special form can be supplied fo r use in such cases.

F O R E S T R Y D E E D OF C O V E N A N TE N G L A N D A N D W A L E S , B A S IS I

Note. The Deed o f Covenant is printed in rom an type. The explanatory notes, which are intended for guidance only and have no legal force, are printed in italics.G E N ER AL(a) This Deed is in standard fo rm , and the printed clauses therein may not be amended except where necessary in the case o f Water Undertakings and other Statutory Bodies.(b) I t should be noted that under the provisions o f the Forestry A ct 1947, owners o f land who may dedicate their woodlands include, among others, the following:—Freeholders, Tenants fo r Life, Trustees fo r Sale, Lim ited Companies, Universities and Colleges, Holders o f Glebe Land. Leaseholders are not included.(c) The Commissioners' Solicitor will prepare the engrossments o f the agreed draft Deed and attend to registration and stamping, the cost o f which will be borne by the Commission. The Owner will be supplied without charge with a duplicate o f the Deed {including map).(d) The Commissioners will not, however, be responsible fo r any expenses incurred by the Owner, mortgagees, etc., such as any fees charged or expenses incurred by solicitors employed by them.T h i s D e e d dated the day o f 19 is m adeB e t w e e n T h e F o r e s t r y C o m m i s s i o n e r s acting i n exercise of their functions under the Forestry Acts 1919 to 1951 (hereinafter called “ the Commissioners ”) o f the one part a n d ...................................................................................................o f ................................................................................................................(hereinafter called “ the Owner ” which expression shall where the context so admits or requires include his successors in title) o f the other part

W h e r e a s the Owner is................................................................o f the several pieces or parcels o f land (hereinafter called “ the said lands ”) m ore particularly described in the F irst Schedule hereto and delineated and coloured green on the m ap annexed hereto and has agreed subject as hereinafter m entioned th a t the said lands shall be set aside and developed and m anaged by him for Forestry purposes and with th a t object in view has also agreed th a t he will enter into the Covenants and conditions hereinafter contained

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E N G L A N D A N D W A L E S — BASIS I

Covenant against use o f Land other than fo r Forestry.

Covenants observable by the Owner.

Commissioners’ Covenant to p a y grants.

Powers o f the Commissioners on Breach o f Covenant.

N o w T h i s D e e d W i t n e s s e t h as follows:—I. I n pursuance of the said agreement and by virtue of the Forestry Act 1947 and to the intent th a t this Covenant shall have effect as a forestry dedication Covenant the Owner hereby covenants with the Commissioners th a t the said lands shall no t except with the previous consent in writing o f the Com missioners or in case o f dispute under the direction o f the Minister of A griculture Fisheries and Food be used otherwise than for the growing of timber (within the m eaning o f Section 3 o f the Forestry Act 1919) in accordance with the rules or practice o f good forestry or for purposes connected therewith

This Clause is binding on all successors in title to the original signatory to the Deed o f Covenant.II. I n further pursuance o f the said agreement the Owner hereby covenants with the Commissioners th a t so long as the said lands or some part thereof shall be vested in him the Owner will in relation to the said lands or such part thereof observe and perform the covenants and conditions contained in the Second Schedule hereto

This Clause is not enforceable against any successor in title to the original signatory, who will however be invited to sign a new Deed o f Covenant or to sign an undertaking agreeing to be bound by these covenants in consideration o f a continuance o f the grants.III. T h e Commissioners hereby covenant with the Owner that so long as the said lands are no t self-supporting when used and m anaged for the purposes o f timber production and subject to the due perform ance and observance by the Owner o f the covenants herein contained and on his part to be observed andperform ed they will pay to the Owner in each year w ithin.......m onths after submission o f the yearly Accounts referred to in Covenant 3 in the Second Schedule hereto a sum (hereinafter referred to as “ the said G ran t”) equal to 25 per cent o f the to tal approved net expenditure incurred by the Owner as shown on such Accounts

The term “ se lf supporting ” is defined in Clause X . The net expenditure will be ascertained by deducting woodland receipts fro m gross expenditure. A ll items which the Commissioners apply in developing woodlands will be brought to account, but receipts or expenditure on sawmills or similar works will be excluded. (See also Form o f Account given in Appendix IV ).IV. I t i s H e r e b y A g r e e d a n d D e c l a r e d as follows:—(1) That in the event o f any breach or failure by the Owner to observe and perform any o f the covenants and conditions on his part herein contained the Commissioners shall (but

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Review o f Grains.

Disputes as to observance o f the rules or practice o f good forestry.

w ithout prejudice to any other rights or remedies they may have) be entitled (if they th ink fit so to do but subject as hereinafter mentioned) either

(a) to take over the management and development of the said lands so far as vested in the Owner (and while remaining so vested) for such purposes as aforesaid on such terms and for such period as shall be fair and equitable to bo th parties regard being had to the then existing circumstances including the am ount (if any) of any assistance already given to the Owner in the form of yearly grants as hereinbefore m entioned or(b) to give notice in writing to the Owner or the other person or persons in whom the said lands are vested for any estate or interest in possession th a t this deed shall as from a date to be specified in the notice (not being less than three m onths after the date o f the notice) cease to have effect in which case on the date so specified the rights and liabilities of the Owner or o f his successors in title and o f the Commissioners shall cease and determine w ithout prejudice to the rights accrued to either party up to the time o f such cesser and determ ination

P r o v i d e d that any such breach or failure shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it w ithin a reasonable time after notice given by the Commissioners requiring the remedy thereof

This Clause provides that when an owner fa ils to carry out his obligations, and in case o f breaches capable o f remedy fa ils to pu t them right on notice being given by the Commission, the Commission have the option o f (a) taking over management o f the dedicated areas, on terms which, failing agreement, would be referred to an arbitrator under clause VII, or (b) o f terminating the deed, so that the owner and his successors have no further obligations and the grants are no longer payable.

The effect o f taking over management o f the woodlands should not be confused with the compulsory acquisition o f the land.(2) W hen the said lands have become self-supporting as timber producing the said G rant shall cease to be payableV. I f any dispute shall arise between the parties hereto relating to or connected with the rules or practice o f good forestry the same shall be referred to a Reference Comm ittee which shall be constituted in accordance with the provisions o f Section 4 o f the Forestry Act, 1951 and (but subject as hereinafter m entioned) the decision o f the Reference Com m ittee shall be final and binding on both parties hereto

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Release o f Owner from Covenants and Conditions.

P r o v i d e d A l w a y s th a t if any such dispute as aforesaid has relation to or is concerned with (a) whether any particular w ork or action required by the rules or practice of good forestry to be carried out on the said lands has in fact been carried out by the Owner in a proper and workm anlike m anner or (b) the am ount or extent o f any felling operations to be prescribed by any approved plan of operations (as hereinafter referred to) then in every such case the decision o f the Commissioners (having given due consideration to any recommendations m ade in the m atter by a Reference Committee) shall be final and binding on the parties

The Reference Committees are constituted as follows: The Chairman is appointed by the M inister o f Agriculture, and. two members are selected by the Minister from panels o f persons whom he appoints after consulting the Regional Advisory Committee, the associations representing the interests o f woodland owners and o f timber merchants, and the forestry societies. No Commissioner or person employed by the Commissioners may be a member. The Commission is obliged to accept the decisions o f such a committee unless the dispute is about whether any necessary operation has been carried out in a proper and workmanlike manner or about the amount o f felling an owner wishes to prescribe in his plan o f operations. In such cases the Commissioners make the final decision, but before doing so they must give due consideration to the recommendations o f the Committee.

This clause does not apply to disputes which arise under Clause VI.

VI. T he Owner shall be entitled to a release from the covenants and conditions herein contained and on his part (or on the part of his successors in title) to be observed and perform ed in the following events

(a) I f he gives notice in writing to the Commissioners that he is unable for reasons beyond his control (such reasons being stated in the notice) to continue to m anage his woodlands in accordance with the covenants and conditions herein contained and proves to the reasonable satisfaction of the Commissioners that he is unable so to do and the Commissioners do not within twelve calendar m onths after the giving of such notice decide to take over the m anagement and development of the said lands in accordance with the provisions o f Clause 1 V(l)(a) hereof or(b) I f a t any time hereafter the said lands or any part or parts thereof shall be proved to the reasonable satisfaction o f the Commissioners to be unsuitable for the continued development and management for forestry purposes as contem plated by this Deed

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Arbitration.

Service o f Notices.

P r o v i d e d A l w a y s th a t (i) if part or parts only o f the said lands shall have been proved to be unsuitable as aforesaid then any such release shall extend only to such part or parts o f the said lands and (ii) any release agreed to be granted as aforesaid by the Commissioners shall be granted on such terms as are fair and equitable to bo th parties no account being taken for the purpose o f any G rants previously made to the Owner under Clause III hereof

This clause entitles an owner to a release from his obligations where he can prove to the Commissioners' reasonable satisfaction that he is unable to meet them and the Commissioners do not decide (under Clause IV ) to take over management. H e is also entitled to a release from his obligations, in respect o f all or part o f the dedicated area, i f it is proved to the Commissioners' reasonable satisfaction to be no longer suitable fo r forestry.

There is no provision fo r arbitration on whether the owner is no longer able fo r reasons beyond his control to continue management under the Deed, or on whether the area or part o f it is no longer suitable fo r forestry.

VII. S u b j e c t as hereinafter m entioned if any dispute shall arise between the parties hereto touching this Deed or the construction thereof or any clause or th ing herein contained or touching the approved plan o f operations hereinafter referred to or any m atter in any way connected with or arising ou t o f this Deed or the approved plan o f operations o r the operation of either o f the same or the rights duties or liabilities of either party in connection with the premises or as to the terms referred to in Clause IV (l)(a) which are fair and equitable to bo th parties then the m atter shall be referred to the decision of a single arb itra tor who shall be appointed (failing agreement between the parties) by the President for the time being o f the Royal Institution o f Chartered Surveyors in accordance with the provisions o f the A rbitration Act 1950 or any statutory modification or re-enactm ent thereof for the tim e being in force P r o v i d e d th a t nothing in this clause shall apply to any such dispute as is m entioned in Clause V hereof or to any such dispute as aforesaid arising under Clause VI hereof

This clause provides fo r the appointment o f an arbitrator to whom may be referred all disputes other than those which relate to the rules or practice o f good forestry (otherwise provided fo r under Clause V) and those referred to in the explanatory note to Clause VI. In particular the question whether the Commissioners' terms fo r the release o f a dedicated area under Clause VI are fa ir and equitable may be referred to an arbitrator.

VIII. A n y notice given by the Commissioners to the Owner under this Deed or in connection with any m atter arising out

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Interpretation.

of it shall be deemed to be sufficient notice if sent by registered post to the Owner or his Agent at the last know n place o f residence or business o f either o f them or delivered a t such address A nd any such notice given by the Owner shall be sent by registered post to the Commissioners a t their office for the time being in London or the office for the time being o f their D irector of Forestry for England or for Wales as the case may requireIX. T h e expression “ timber ” herein shall include all forest products and the expression “ growing o f tim ber ” herein shall include all operations properly carried out in course of forestry or purposes connected with forestryX. F o r the purposes o f this Deed the said lands shall be deemed to be “ self-supporting as tim ber producing lands ” when it is shown by the yearly Accounts hereinafter referred to that a t the expiration of any period of five consecutive financial years the aggregate o f the approved expenditure incurred by the owner during those years is no t in excess o f the aggregate income (exclusive o f any G rant m ade to him during those years) received by him during the same period o f years

I N W IT N E S S whereof the Official Seal o f the Com missioners has been hereunto affixed and the Owner has set his hand and seal the day and year first above written

T H E F IR S T S C H E D U L ED E S C R I P T I O N OF L A N D S

A l l those lands containing altogether acres or thereabouts situate in the Parish(es) o f ..................................................in the County o f...........................................................

T H E S E C O N D S C H E D U L E1. In the use and m anagement o f the said lands for the growing of tim ber as hereinbefore m entioned the Owner will give effect to and observe the provisions and stipulations contained in the plan of operations signed in duplicate by the Commissioners and the Owner or their respective agents one copy o f which has been retained by each party (hereinafter referred to as the “ approved plan ” which expression herein shall where the context so admits include any am endments thereof from time to time m ade with the approval of the Commissioners) and

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approved by the Commissioners for determ ining the nature of the forestry operations which shall be carried out on the said lands2. The Owner shall at his own expense in all things forthw ith proceed to carry out on the said lands in accordance with the approved plan and to the satisfaction o f the Commissioners the works thereby agreed to be carried out (hereinafter called “ the approved works ”) and shall a t all necessary times employ on the said lands the skilled supervisors and workmen required to ensure that the approved works are properly and efficiently carried out and th a t the said lands are always properly managed as tim ber-producing lands

This clause does not require an Owner to employ additional supervision i f he possesses adequate silvicultural knowledge and has the time at his disposal, or employs an agent or consultant with the requisite skill.

The requirement that the lands are managed as timber producing lands does not mean the exclusion o f sport or considerations o f amenity, but their reconciliation with the needs o f good silviculture. Temporary grazing o f fe lled areas until due fo r replanting will be permissible.3. The Owner shall keep Forest Records and adequate and proper Accounts in such form as the Commissioners may from time to time require setting out the full expenditure and revenue incurred and received by the Owner in carrying ou t the work o f growing tim ber on the said lands in accordance with the approved plan in respect of each financial year for which such Accounts are m ade up Such Accounts (or copies thereof) with vouchers for the costs and expenses incurred by the Owner and the revenue received by him as shown in such Accounts shall be subm itted to the Commissioners as soon as practicable after the end o f each such financial year as aforesaid A nd all such Forest Records Accounts and vouchers shall be open to the inspection o f the Commissioners or any persons duly authorised by them

The records, which are set out in Appendix IV , are simple annual statements o f areas actually planted, thinned and felled, with a control statement relating these areas to those prescribed in the plan o f operations.4. The Owner shall take all reasonable precautions adequately to protect the woods and plantations on the said lands from injury or damage by fire or otherwise5. In the event of the Owner selling or otherwise parting with possession o f all his estate and interest in the said lands or any part thereof he shall give im m ediate notice thereof to the

12


Commissioners with particulars o f the lands affected thereby and the name and address o f the person to whom the same shall have been sold or otherwise transferredThe Official Seal o f the Forestry Commissioners was hereunto affixed in the presence of............

Signed Sealed and Delivered by the above-m entioned............

in the presence of.

13

Appendix IA

NOTE: I f the lands are mortgaged or charged the mortgagees or chargees should be jo ined as parties.A special form can be supplied fo r use in such cases.

F O R E S T R Y D E E D OF C O V E N A N TE N G L A N D A N D W A L E S , B A S IS II

Note. The Deed o f Covenant is printed in rom an type. The explanatory notes, which are intended for guidance only and have no legal force, are printed in italics.G E NE R AL(a) This Deed is in standard form , and the printed clauses therein may not be amended except where necessary in the case o f Water Undertakings and other Statutory Bodies.(b) I t should be noted that under the provisions o f the Forestry A ct 1947, owners o f land who may dedicate their woodlands include, among others, the following:—Freeholders, Tenants fo r Life, Trustees fo r Sale, L im ited Companies, Universities and Colleges, Holders o f Glebe Land. Leaseholders are not included.(c) The Commissioners’ Solicitor will prepare the engrossments o f the agreed draft Deed and attend to registration and stamping, the cost o f which will be borne by the Commission. The Owner will be supplied without charge with a duplicate o f the Deed {including map).(d) The Commissioners will not, however, be responsible fo r any expenses incurred by the Owner, mortgagees, etc., such as any fees charged or expenses incurred by solicitors employed by them.T h i s D e e d d a t e d t h e d a y o f ..................... 19........ is m a d eb e t w e e n T h e F o r e s t r y C o m m i s s i o n e r s acting in exercise of their functions under the Forestry Acts 1919 to 1951 (hereinafter called “ the Commissioners ”) o f the one part and

o f ................................................................................................................(hereinafter called “ the Owner ” which expression shall where the context so admits or requires include his successors in title) of the other part

W h e r e a s the Owner is................................................................of the several pieces or parcels of land (hereinafter called “ the said lands ”) m ore particularly described in the F irst Schedule hereto and delineated and coloured green on the m ap annexed hereto and has agreed subject as hereinafter m entioned th a t the said lands shall be set aside and developed and m anaged by him for Forestry purposes and with th a t object in view has also agreed th a t he will enter into the covenants and conditions hereinafter contained

14

E N G L A N D A N D W A L E S — BASIS II

Covenant against use o f Land other than fo r Forestry.

Covenants observable by the Owner.

Commissioners' Covenant to pay grants.

Powers o f the Commissioners on Breach o f Covenant.

N o w t h i s D e e d W i t n e s s e t h as follows:—I. I n pursuance o f the said agreement and by virtue of the Forestry Act 1947 and to the intent that this Covenant shall have effect as a forestry dedication covenant the Owner hereby covenants with the Commissioners that the said lands shall not except with the previous consent in writing of the Com missioners or in case of dispute under the direction of the M inister of Agriculture Fisheries and Food be used otherwise than for the growing of timber (within the meaning of Section 3 of the Forestry Act 1919) in accordance with the rules or practice of good forestry or for purposes connected therewith

This Clause is binding on all successors in title to the original- signatory to the Deed o f Covenant.II. I n further pursuance o f the said agreement the Owner hereby covenants with the Commissioners that so long as the said lands or some part thereof shall be vested in him the Owner will in relation to the said lands or such part thereof observe and perform the covenants and conditions contained in the Second Schedule hereto

This Clause is not enforceable against any successor in title to the original signatory, who will however be invited to sign a new Deed o f Covenant or to sign an undertaking agreeing to be bound by these covenants in consideration o f a continuance o f the grants.I I I . T h e Commissioners hereby covenant with the Owner th a t subject to the due perform ance and observance by the Owner of the covenants herein contained and on his part to be observed and performed they will make to the Owner by w'ay o f financial assistance in carrying out the works on the said lands in accordance with the approved plan of operations (referred to in Paragraph 2 in the said Second Schedule) the several G rants (each o f which shall be subject to revision as hereinafter mentioned in Clause IV(2) hereof) more particularly specified in the Third Schedule hereto at the times therein mentionedIV. I t i s H e r e b y A g r e e d a n d D e c l a r e d as follows:—(1) T hat in the event of any breach or failure by the Owner to observe and perform any of the covenants and conditions on his part herein contained the Commissioners shall (but w ithout prejudice to any rights or remedies they may have) be entitled (if they think fit so to do but subject as hereinafter mentioned) either

(a) to take over the m anagement and development o f the said lands so far as vested in the Owner (and while remaining so vested) for such purposes as aforesaid on such terms and for such period as shall be fair and

15


Review o f Grants.

Disputes as to observance o f the rules or practice o f good forestry.

equitable to both parties regard being had to the then existing circumstances including the am ount (if any) of any assistance already given to the Owner in the form of grants referred to in the said Third Schedule or(b) to give notice in writing to the Owner or other the person or persons in whom the said lands are vested for any estate or interest in possession th a t this Deed shall as from a date to be specified in the notice (not being less than three months after the date o f the notice) cease to have effect in which case on the date so specified the rights and liabilities o f the Owner or of his successors in title and of the Commissioners shall cease and determine but without prejudice to the rights accrued to either party up to the time of such cesser and determination

p r o v i d e d that any such a breach or failure shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the Com missioners requiring the remedy thereof

This Clause provides that when an owner fails to carry out his obligations, and in case o f breaches capable o f remedy, fa ils to put them right on notice being given by the Commission, the Commission have the option o f {a) taking over management o f the dedicated areas, on terms which failing agreement, would be referred to an arbitrator under Clause VII, or (b) o f terminating the deed, so that the owner and his successors have no further obligations and the grants are no longer payable.

The effect o f taking over management o f the woodlands should not be confused with the compulsory acquisition o f the land.(2) Each of the said G rants hereinbefore referred to shall at such times as the Commissioners shall determine (but at least once in any period of three years) be reviewed by the Com missioners in the light of the general trend of ascertained costs throughout G reat BritainV. 1 f any dispute shall arise between the parties hereto relating to or connected with the rules or practice o f good forestry the same shall be referred to a Reference Committee which shall be constituted in accordance with the provisions of Section 4 o f the Forestry Act 1951 and (but subject as hereinafter mentioned) the decision of the Reference Com mittee shall be final and binding on both parties heretop r o v i d e d a l w a y s t h a t i f a n y s u c h d i s p u t e as. a f o r e s a i d h a s r e l a t i o n t o o r is c o n c e r n e d w i t h (a) w h e t h e r a n y p a r t i c u l a r w o r k o r a c t i o n r e q u i r e d b y t h e r u l es o r p r a c t i c e o f g o o d

16


Release o f Owner from Covenants and Conditions.

forestry to be carried out on the said lands has in fact been carried out by the Owner in a proper and workmanlike m anner or (b) the am ount or extent of any felling operations to be prescribed by any approved plan of operations (as hereinafter referred to) then in every such case the decision of the Commissioners (having given due consideration to any recommendations made in the m atter by a Reference Com mittee) shall be final and binding on the parties

The Reference Committees are constituted as follows: The Chairman is appointed by the Minister o f Agriculture, and two members are selected by the Minister from panels o f persons whom he appoints after consulting the Regional Advisory Committee, the associations representing the interests o f woodland owners and o f timber merchants, and the forestry societies. No Commissioner or person employed by the Commissioners may be a member. The Commission is obliged to accept the decisions o f such a committee unless the dispute is about whether any necessary operation has been carried out in a proper and workmanlike manner or about the amount o f felling an owner wishes to prescribe in his plan o f operations. In such cases the Commissioners make the final decision, but before doing so they must consider the recommendations o f the Committee.

This clause does not apply to disputes which arise under Clause VI.VI. T h e Owner shall be entitled to a release from the covenants and conditions herein contained and on his part (or on the part of his successors in title) to be observed and performed in the following events:—

(a) If he gives notice in writing to the Commissioners that he is unable for reasons beyond his control (such reasons being stated in the notice) to continue to manage his woodlands in accordance with the covenants and conditions heiein contained and proves to the reasonable satisfaction of the Commissioners that he is unable so to do and the Commissioners do not within twelve calendar months after the giving of such notice decide to take over the management and development of the said lands in accordance with the provisions of Clause 1 V( 1 )(a) hereof or(b) If at any time hereafter the said lands or any part or parts thereof shall be proved to the reasonable satisfaction o f the Commissioners to be unsuitable for the continued development and management for forestry purposes as contem plated by this Deed.

p r o v i d e d a l w a y s t h a t (i) i f p a r t o r p a r t s o n l y o f t h e said l a n d s shal l h a v e b e e n p r o v e d t o b e u n s u i t a b l e as a f o r e s a i d t h e n a n y s u c h r e l ea se shal l e x t e n d o n l y t o s u c h p a r t o r p a r t s o f t he s ai d l a n d s a n d (ii) a n y release a g r e e d t o be g r a n t e d as a f o r e s a i d

17


Arbitration.

Service o f Notices.

by the Commissioners shall be granted on such terms as are fair and equitable to both parties no account being taken for the purpose o f any G rants previously made to the Owner under Clause III hereof

This clause entitles an owner to a release from his obligations where he can prove to the Commissioners’ reasonable satisfaction that he is unable to meet them and the Commissioners do not decide (under Clause IV ) to take over management. He is also entitled to a release from his obligations, in respect o f all or part o f the dedicated area, i f it is proved to the Commissioners’ reasonable satisfaction to be no longer suitable fo r forestry.

There is no provision fo r arbitration on whether the owner is no longer able fo r reasons beyond his control to continue management under the Deed, or on whether the area or part o f it is no longer suitable fo r forestry.VII. S u b j e c t as hereinafter m entioned if any dispute shall arise between the parties hereto touching this Deed or the construction thereof or any clause or thing herein contained or touching the approved plan of operations hereinafter referred to or any m atter in any way connected with or arising out of this Deed or the approved plan o f operations or the operation of either o f the same or the rights duties or liabilities o f either party in connection with the premises or as to the terms referred to in Clause IV(l)(n) which are fair and equitable to both parties then the m atter shall be referred to the decision of a single arb itrator who shall be appointed (failing agreement between the parties) by the President for the time being o f the Royal Institution o f Chartered Surveyors in accordance with' the provisions of the A rbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force p r o v i d e d that nothing in this clause shall apply to any such dispute as is m entioned in Clause V hereof or to any such dispute as aforesaid arising under Clause VI hereof

This clause provides fo r the appointment o f an arbitrator to whom may be referred all disputes other than those which relate to the rides or practice o f good forestry (otherwise provided fo r under Clause V) and those referred to in the explanatory note to Clause VI. In particular the question whether the Commissioners’ terms fo r the release o f a dedicated area under Clause VI are fa ir and equitable may be referred to an arbitrator.VIII. A ny notice given by the Commissioners to the Owner under this Deed or in connection with any m atter arising out o f it shall be deemed to be sufficient notice if sent by registered post to the Owner or his Agent a t the last known place of residence or business o f either o f them or delivered at such address And any such notice given by the Owner shall be sent by registered post to the Commissioners at their office for

18


Interpretation.

the time being in London or the office for the time being of their Director o f Forestry for England or for Wales as the case m ay requireIX. T he expression “ timber ” herein shall include all forest products and the expression “ growing of tim ber ” herein shall include all operations properly carried out in course of forestry or for purposes connected with forestry

I N W IT N E S S whereof the Official Seal of the Com missioners has been hereunto affixed and the Owner has set his hand and seal the day and year first above written

T H E F IR S T S C H E D U L ED E S C R I P T I O N OF L A N D S

A l l those lands containing altogether ....acres or thereabouts situate in the Parish(es) o f...................................................in 'the County o f .....................................................................................

T H E S E C O N D S C H E D U L E1. In the use and management of the said lands for the growing o f tim ber as hereinbefore m entioned the Owner will give effect to and observe the provisions and stipulations contained in the plan of operations signed in duplicate by the Commissioners and the Owner or their respective agents one copy of which has been retained by each party (hereinafter referred to as the “ approved plan ” which expression herein shall where the context so adm its include any amendments thereof from time to time m ade with the approval o f the Commissioners) and approved by the Commissioners for determining the nature of the forestry operations which shall be carried out on the said lands2. The Owner shall a t his own expense in all things forthwith proceed to carry out on the said lands in accordance with the approved plan and to the satisfaction o f the Commissioners the works thereby agreed to be carried out (hereinafter called “ the approved works ”) and shall a t all necessary times employ on the said lands the skilled supervisors and workmen required to ensure th a t the approved works are properly and efficiently carried out and th a t the said lands are always properly managed as tim ber producing lands

This clause does not require an Owner to employ additional supervision i f he possesses adequate silvicultural knowledge and has the time at his disposal or employs an agent or consultant with the requisite skill.

19

E N G L A N D A N D W A L E S — BASI S II

The. requirement that the lands are managed as timber pro- ' ducing lands does not mean the exclusion o f sport or considerations o f amenity, but their reconciliation with needs o f good silviculture. Temporary grazing o f fe lled areas until due fo r replanting will be permissible.3. The Owner shall keep such Forest Records as may be necessary for the proper control of the approved plan and such Forest Records shall be open to the inspection of the Commissioners or any persons duly authorised by them

The records, which are set out in Appendix III, are simple annual statements o f areas actually planted, thinned and felled, with a control statement relating these areas to those prescribed in the Plan o f Operations.4. The Owner shall take all reasonable precautions adequately to protect the woods and plantations on the said lands from injury or damage by fire or otherwise

If, notwithstanding reasonable precautions, plantations dedicated under Basis I I are destroyed by fire, the replanting would qualify fo r a planting grant.5. In the event of the Owner selling or otherwise parting with possession of all his estate and interest in the said lands or any part thereof he shall give im m ediate notice thereof to the Commissioners with particulars of the lands affected thereby and the nam e and address o f the person to whom the same shall have been sold or otherwise transferred

T H E T H I R D S C H E D U L EG R A N T S

1. A Planting G rant for all land planted or replanted or otherwise satisfactorily stocked with trees by the Owner in each year whether with hardwoods or softwoods in accordance with the approved plan at the rate o f £17 per acre or such other revised rate as shall for the time being be payable under Clause IV(2) o f this Deed to be paid forthw ith on the com pletion o f the work to the satisfaction of the Commissioners2. A M aintenance G ran t for a period o f fifteen years for all land planted replanted or stocked as aforesaid and m aintained to the satisfaction of the Commissioners a t the rate o f 5s. 6d. per acre per annum or such other revised rate as shall for the time being be payable under Clause IV(2) o f this Deed the first paym ent thereof to be made on or before the thirty-first day of December following the completion of the work as aforesaid and subsequent payments to be made on or before the thirty-first day of December in each o f the fourteen succeeding years

20


3. A M aintenance G rant for a period of fifteen years for all productive woodlands (other than new plantations planted replanted or stocked as aforesaid) m aintained to the satisfaction of the Commissioners at the rate of 5s. 6d. per acre per annum or such other revised rate as shall for the time being be payable under Clause IV(2) of this Deed the first paym ent thereof to be made on or before the thirty-first day o f Decemberin the year nineteen hundred and ...........................................andsubsequent payments to be m ade on or before the thirty-first day o f December in each of the fourteen succeeding years

For the purposes o f this Schedule, all woods which are estimated to be 50 % stocked are regarded as productive.

The Official Seal of the Forestry 'Commissioners was hereunto affixed in the presence of -

Signed Sealed and Delivered by the above-m entioned....................

in the presence of.

21

Appendix IIFORESTRY DEDICATION AGREEM ENT

S C O T L A N D , B A S IS INote. The D edication Agreement is prin ted in rom an type. The explanatory notes, which are intended for guidance only and have no legal force, are printed in italics.G E N ER AL(a) This Agreement is in standard form , and the printed clauses therein may not be amended except where necessary in the case o f Water Undertakings and other Statutory Bodies.(b) I t should be noted that under the provisions o f the Forestry A ct 1947, owners o f land who may dedicate their woodlands include, among others, the following:—Freeholders, Liferenters, Heirs o f Entail, Trustees, Lim ited Companies.(c) The Commissioners’ Law Agent will prepare the engrossments o f the agreed draft Agreement and attend to registration and stamping, the cost o f which will be borne by the Commission. The Owner will be supplied without charge with a duplicate o f the Agreement (including map).(d) The Commissioners will not, however, be responsible fo r any expenses incurred by the Owner, bondholders, etc., such as any fees charged or expenses incurred by solicitors employed by them.

F o r e s t r y D e d i c a t i o n A g r e e m e n t b e t w e e n T h e F o r e s t r y C o m m i s s i o n e r s a n d

I t is contracted and agreed between the Forestry Commissioners acting in exercise o f their functions under the Forestry Acts, 1919 to 1951 (hereinafter referred to as “ the Commissioners ”) an d ..........................................................................................(hereinafter referred to as “ the Owner ” which expression includes, where the context so adm its or requires, his successors in title) heritable proprietor o f the lands (hereinafter referred to as “ the said lands ”) described in the Schedule annexed hereto and delineated and coloured green on the m ap relative hereto, which Schedule and m ap are subscribed by the parties to this Agreement as relative thereto, an d ......................................fo r interest in the said lands in m anner following, th a tis to say :—

Lirst: The said lands will not, except with the previous consent in writing o f the Commissioners or, in case o f dispute,

2 2

S C O T L A N D — BASIS I

under direction o f the Secretary of State, be used otherwise than for the growing o f timber (within the meaning of section three o f the Forestry Act, 1919) in accordance with the rules or practice of good forestry or for purposes connected therew ith:

This Clause is binding on all successors in title to the original signatory to the Dedication Agreement.

Second: So long as the said lands or some part thereof shall be vested in him, the Owner will, in relation to the said lands or such part, perform and observe the following terms and conditions, th a t is to say—

(ia) In the use and m anagement thereof for the growing of tim ber the Owner will give effect to and observe the provisions and stipulations contained in the plan of operations for determining the nature o f the Forestry operations to be carried out thereon (hereinafter referred to as “ the approved plan ”) signed in duplicate by the Commissioners and the Owner or their respective agents, one copy of which has been retained by each party ; and for the purposes o f this Agreement any reference to the approved plan shall, where the context so adm its, be construed as a reference to the plan as am ended from tim e to tim e with the approval of the Com m issioners:

Clause Second is not enforceable against any successor in title to the original signatory, who will however be invited to sign a new Dedication Agreement or to sign an undertaking agreeing to be bound by these covenants in consideration o f a continuance o f the grants.

(b) The Owner will a t his own cost forthwith proceed to carry out thereon in accordance with the approved plan and to the satisfaction o f the Commissioners the works thereby agreed to be carried out (hereinafter referred to as “ the approved works ”) and will a t all necessary times employ thereon the skilled supervisors and workmen required to ensure that the approved works are properly and efficiently carried out and th a t the said lands or such part are always properly managed as timber-producing lan ds:

Clause Second (b) does not require an Owner to employ additional supervision i f he possesses adequate silvicultural knowledge and has the time at his disposal or employs an agent or consultant with the requisite skill.

The requirement that the lands are managed as timber producing lands does not mean the exclusion o f sport or considerations o f amenity, but their reconciliation with the needs o f good silviculture. Temporary grazing o f fe lled areas until due fo r replanting will be permissible.

23


(c) The Owner will take all reasonable precautions to protect the woods and plantations thereon from injury and damage by fire or otherwise:

(d) The Owner will keep such forest records as may be necessary for the proper control o f the approved p la n ; and such forest records shall be open to the inspection of the Commissioners or any person duly authorised by them :

The records, which are set out in Appendix IV , are simple annual statements o f areas actually planted, thinned and felled, with a control statement relating these areas to those prescribed in the Plan o f Operations.

(e) The Owner will keep adequate and proper accounts in such form as the Commissioners may from time to time require setting out the full expenditure and revenue incurred and received by the Owner in carrying out the work o f growing timber thereon in accordance with the approved plan in respect o f each financial year for which such accounts are m ade up; such accounts (or copies thereof) with vouchers for the costs and expenses incurred by the Owner and the revenue received by him as shown in such accounts shall be subm itted to the Commissioners as soon as practicable after the end of each such financial year as aforesaid; and all such accounts and vouchers shall be open to the inspection o f the Commissioners or any persons duly authorised by th em :

( / ) In the event of the Owner selling or parting with possession of all his estate or interest in the said lands or such part, he will give im m ediate notice thereof to the Com missioners with particulars o f the lands affected and the name and address o f the person to whom such lands have been sold or otherwise transferred :

Third: So long as the said lands are no t self-supporting when used and m anaged for the purposes o f tim ber production and subject to the due perform ance and observance by the Owner of the terms and conditions o f this Agreement, the Comm issioners will pay to the Owner in each year w ithin................m onths after the date on which the yearly accounts (or copies thereof) are subm itted by him under the last foregoing Clause hereof, a grant equal to 25 per cent o f the to tal approved net expenditure incurred by the Owner as shown in the said accounts. When the said lands have become self-supporting as tim ber-producing lands, the grants under this Clause shall cease to be payable:

The term “ self-supporting ” is defined in Clause Tenth. The net expenditure will be ascertained by deducting woodland

2 4


receipts from gross expenditure. A ll items which the Commissioners apply in developing woodlands will be brought to account, but receipts or expenditure on sawmills or similar works will be excluded. (See also Form o f Account given in Appendix IV).

Fourth: In the event of any breach or failure by the Owner to perform or observe any term or condition of this Agreement the Commissioners shall, w ithout prejudice to any other rights o r remedies they may have, be entitled (if they think fit so to do bu t subject as hereinafter mentioned) either—

(a) to take over the management and development of the said lands so far as vested in the Owner (and while remaining so vested) for the purposes hereinbefore mentioned on such terms and for such period as shall be fair and equitable to both parties, regard being had to the then existing circumstances and to the am ount (if any) o f the assistance already given by the Commissioners to the Owner by way of the yearly grants aforem entioned; or

(b) to give notice in writing to the Owner or to any other person or persons in whom the said lands are for the time being vested that this Agreement will, as from a date to be specified in the notice (not being less than three m onths after the date of the notice), cease to have effect, in which case on the date so specified the rights and liabilities of the Owner or of his successors in title and o f the Commissioners shall cease and determine, w ithout prejudice, however, to any rights accrued to either party up to the time o f such cesser and determ ination : Provided always that such a breach or failure as aforesaid shall not be treated as having occurred by virtue o f any act or omission which is capable of remedy unless the Owner has failed to remedy it within a reasonable time after the Commissioners have given him notice requiring him to remedy it:

This Clause provides that when an owner fa ils to carry out his obligations, and in case o f breaches capable o f remedy fa ils to pu t them right on notice being given by the Commission, the Commission have the option o f (a) taking over management o f the dedicated areas, on terms which, failing agreement, would be referred to an arbiter under Clause Seventh, or (b) o f terminating the deed, so that the owner and his successors have no further obligations and the grants are no longer payable.

The effect o f taking over management o f the woodlands should not be confused with the compulsory acquisition o f the land.

Fifth: In the event o f any dispute arising between the parties relating to or connected with the rules or practice o f good

25


forestry, the m atter will be referred to a Reference Committee which shall be constituted in accordance with the provisions of section four o f the Forestry Act, 1951, and the decision o f the Reference Committee shall be final and binding on both parties hereto.Provided always th a t if any such dispute as aforesaid relates to or is connected with—

(a) whether any particular work or action required by the rules or practice o f good forestry to be carried ou t on the said lands has been carried out by the Owner in a proper and workm anlike m anner; or

(.b) the am ount or extent of any felling operations to be prescribed by any approved p lan ;

then in every such case the decision o f the Commissioners (having given due consideration to any recom m endations made in the m atter by a Reference Committee) shall be final and binding on the parties:

The Reference Committees are constituted as follows: The Chairman is appointed by the Secretary o f State fo r Scotland, and two members are selected by the Secretary o f State from panels o f persons whom he appoints after consulting the Regional Advisory Committee, the associations representing the interests o f woodland owners and o f timber merchants, and the forestry societies. No Commissioner or person employed by the Commissioners may be a member. The Commission is obliged to accept the decisions o f such a committee unless the dispute is about whether any necessary operation has been carried out in a proper and workmanlike manner or about the amount o f felling an owner wishes to prescribe in his plan o f operations. In such cases the Commissioners make the fina l decision, but before doing so they must give due consideration to the recommendations o f the Committee.

This clause does not apply to disputes which arise under Clause Sixth.

Sixth: (1) The Owner will be entitled to be released by the Commissioners from the perform ance and observance o f the terms and conditions which under this Agreement he has undertaken to perform and observe—

(a) if he gives notice in writing to the Commissioners that he is unable for reasons beyond his control (such reasons being stated in the notice) to continue to m anage the said lands in accordance with the term s o f this Agreement, and proves to the reasonable satisfaction o f the Commissioners th a t he is unable to do so and the Commissioners do not, within twelve calendar m onths after the giving o f the notice aforesaid, decide to take over the m anagement and developm ent o f the said lands under paragraph (a) o f Clause Fourth hereof; or

2 6


(b) if at any time the said lands or any part thereof are proved to the reasonable satisfaction o f the Commissioners to be unsuitable for continued development and management for forestry purposes as contem plated by this Agreement: Provided always that if part or parts only o f the said lands shall have been proved to be unsuitable as aforesaid then any such release shall extend only to such part or parts o f the said lands:

(2) Any release agreed to be granted as aforesaid by the Commissioners will be granted on such terms as are fair and equitable to bo th parties, no account being taken for the purpose o f any grants previously made to the Owner under Clause Third hereof:

This clause entitles an owner to a release fro m his obligations where he can prove to the Commissioners' reasonable satisfaction that he is unable to meet them and the Commissioners do not decide {under Clause Fourth) to take over management. He is also en titled to a release from his obligations, in respect o f all or part o f the dedicated area, i f it is proved to the Commissioners' reasonable satisfaction to be no longer suitable fo r forestry.

There is no provision fo r arbitration on whether the owner is no longer able fo r reasons beyond his control to continue management under the Agreement, or on whether the area or part o f it is no longer suitable fo r forestry.

Seventh: In the event o f any dispute arising between the parties with regard to this Agreement or the construction thereof or any part thereof or with regard to the approved plan or any m atter in any way connected with or arising out o f this Agreement or the approved plan or the operation o f either, or with regard to the rights, duties or liabilities o f either party in connection with the matters aforesaid, or as to the terms hereinbefore referred to which are fair and equitable to both parties, the m atter shall be referred to the decision o f a single arbiter to be appointed (in default o f agreement) by the Chairm an for the time being o f the Scottish Committee o f the Royal Institution of Chartered Surveyors.Provided always th a t nothing in this Clause shall apply to any such dispute as is m entioned in Clause Fifth hereof or to any such dispute as aforesaid arising under paragraph (1) o f Clause Sixth hereof:

This clause provides fo r the appointment o f an arbiter to whom may be referred all disputes other than those which relate to the rules or practice o f good forestry {otherwise provided fo r under Clause Fifth) and those referred to in the explanatory note to Clause Sixth. In particular the question whether the Commissioners' terms fo r the release o f a dedicated area under Clause Sixth are fa ir and equitable may be referred to an arbiter.

27

S C O T L A N D — B A S I S I

Eighth: Any notice given by the Commissioners to the Owner under this Agreement or in connection with any m atter arising out of it shall be deemed to be sufficient notice if it is sent by registered post to the Owner or to his factor, commissioner or agent at the last known place o f residence or business of either o f them or delivered at such address; and any such notice given by the Owner shall be sent by registered post to the Commissioners a t their office for the time being in London or at the office for the time being o f the D irector of Forestry for Scotland:

Ninth: In this Agreement the expression “ tim b er” includes all forest products, and the expression “ growing of timber ” includes all operations properly carried out in the course of forestry or for purposes connected with forestry :

Tenth: F or the purposes of this Agreement the said lands shall be deemed to be self-supporting as timber-producing lands when it is shown by the yearly accounts hereinbefore m entioned that at the expiration o f any period o f five consecutive financial years the aggregate of the approved expenditure incurred by the Owner during those years is not in excess of the aggregate income (exclusive o f any grant made to him during those years) received by him during the same period of years:

Eleventh: The parties to this Agreement consent to the registration thereof for preservation and execution and for the purposes and in terms o f section 3 of the Forestry Act, 1947.

I N W IT N E S S W H E R E O F ...............................................

S C H E D U L ED E S C R I P T I O N OF L A N D S

28

Appendix IIAFORESTRY DEDICATION AGREEMENT

S C O T L A N D , B A S IS I INote. The Dedication Agreement is printed in rom an type. The explanatory notes, which are intended for guidance only and have no legal force, are printed in italics.G E N E R A L

(a) This Agreement is in standard form, and the printed clauses therein may not be amended except where necessary in the case o f Water Undertakings and other Statutory Bodies.(b) I t should be noted that under the provisions o f the Forestry A ct 1947, owners o f land who may dedicate their woodlands include, among others, the following:—Freeholders, Liferenters, Heirs o f Entail, Trustees, Lim ited Companies.(c) The Commissioners’ Law Agent will prepare the engrossments o f the agreed draft Agreement and attend to registration and stamping, the cost o f which will be borne by the Commission. The owner will be supplied without charge with a duplicate o f the Agreement (including map).(d) The Commissioners will not, however, be responsible fo r any expenses incurred by the Owner, bondholders, etc., such as any fees charged or expenses incurred by solicitors employed by them.

F o r e s t r y D e d i c a t i o n A g r e e m e n t b e t w e e n

T h e F o r e s t r y C o m m i s s i o n e r s a n d

I t is contracted and agreed between the Forestry Commissioners acting in exercise of their functions under the Forestry Acts, 1919 to 1951 (hereinafter referred to as “ the Commissioners ”) an d ..........................................................................................(hereinafter referred to as “ the Owner,” which expression includes, where the context so admits or requires, his successors in title) heritable proprietor of the lands (hereinafter referred to as “ the said lands ”) described in the First Schedule annexed hereto and delineated and coloured green on the m ap relative hereto, which Schedule and m ap are subscribed by the parties to this Agreement as relative thereto, an d ......................................fo r .....................interest in the said lands in m anner following,that is to say:—

First: The said lands will not, except with the previous consent in writing of the Commissioners or, in case o f dispute,

29

S C O T L A N D — B A S I S I I

under direction o f the Secretary o f State, be used otherwise than for the growing o f tim ber (within the m eaning o f section three o f the Forestry Act, 1919) in accordance with the rules or practice o f good forestry or for purposes connected therewith:

This Clause is binding on all successors in title to the original signatory to the Dedication Agreement.

Second: So long as the said lands or some part thereof shall be vested in him, the Owner will, in relation to the said lands or such part, perform and observe the following term s and conditions, th a t is to say—

(a) In the use and m anagem ent thereof for the growing of tim ber the Owner will give effect to and observe the provisions and stipulations contained in the plan o f operations for determ ining the nature o f the forestry operations to be carried out thereon (hereinafter referred to as “ the approved plan ”) signed in duplicate by the Commissioners and the Owner or their respective agents, one copy o f which has been retained by each party ; and for the purposes o f this Agreement any reference to the approved plan shall, where the context so adm its, be construed as a reference to the plan as am ended from time to time with the approval o f the Commissioners :

Clause Second is not enforceable against any successor in title to the original signatory, who will however be invited to sign a new Dedication Agreement or to sign an undertaking agreeing to be bound by these covenants in consideration o f a continuance o f the grants.

(b) The Owner will a t his own cost forthw ith proceed to carry out thereon in accordance with the approved plan and to the satisfaction o f the Commissioners the works thereby agreed to be carried ou t (hereinafter referred to as “ the approved works ”), and will a t all necessary times employ thereon the skilled supervisors and w orkmen required to ensure th a t the approved works are properly and efficiently carried out and th a t the said lands or such part are always properly m anaged as timber-producing lan d s:

Clause Second (b) does not require an Owner to employ additional supervision i f he possesses adequate silvicultural knowledge and has the time at his disposal or employs an agent or consultant with the requisite skill.

The requirement that the lands are managed as timber producing lands does not mean the exclusion o f sport or considerations o f amenity, but their reconciliation with the needs o f good silviculture. Temporary grazing o f fe lled areas until due fo r replanting will be permissible.

30

(c) The Owner will take all reasonable precautions to protect the woods and plantations thereon from injury and damage by fire or otherwise:

I f, notwithstanding reasonable precautions, plantations dedicated under Basis I I are destroyed by fire, the replanting would qualify fo r a planting grant.

(d) The Owner will keep such forest records as may be necessary for the proper control o f the approved p lan ; and such forest records shall be open to the inspection of the Commissioners or any person duly authorised by th em :

The records, which are set out in Appendix III, are simple annual statements o f areas actually planted, thinned and felled, with a control statement relating these areas to those prescribed in the plan o f operations.

(e) In the event o f the Owner selling or parting with possession o f all his estate or interest in the said lands or such part, he will give immediate notice thereof to the Commissioners with particulars o f the lands affected and the name and address o f the person to whom such lands have been sold or otherwise transferred:

Third: The Commissioners will, subject to the due perform ance and observance by the Owner of the terms of this Agreement, m ake to him, by way o f financial assistance in carrying ou t the approved works on the said lands in accordance with the approved plan, the several grants (each o f which shall be subject to revision as hereinafter mentioned) specified in the Second Schedule annexed hereto at the times therein mentioned.

Each of the said grants hereinbefore referred to shall a t such times as the Commissioners shall determine (but a t least once in any period o f three years) be reviewed by the Com missioners in the light of the general trend o f ascertained costs throughout G reat Britain:

Fourth: In the event o f any breach or failure by the Owner to perform or observe any term or condition o f this Agreement the Commissioners shall, w ithout prejudice to any other rights or remedies they may have, be entitled (if they th ink fit so to do bu t subject as hereinafter mentioned) either—

(a) to take over the m anagement and development of the said lands so far as vested in the Owner (and while remaining so vested) for the purposes hereinbefore m entioned on such terms and for such period as shall be fair and equitable to both parties, regard being had to the then existing circumstances and to the am ount (if any) of the assistance already given by the Commissioners to the Owner by way of the grants aforem entioned; or


31

S C O T L A N D — B A S I S II

(b) to give notice in writing to the Owner or to any other person or persons in whom the said lands are for the time being vested that this Agreement will, as from a date to be specified in the notice (not being less than three m onths after the date o f the notice), cease to have effect, in which case on the date so specified the rights and liabilities o f the Owner or o f his successors in title and of the Commissioners shall cease and determine, without prejudice, however, to any rights accrued to either party up to the time o f such cesser and determination :Provided always that such a breach or failure as aforesaid shall not be treated as having occurred by virtue of any act or omission which is capable o f remedy unless the Owner has failed to remedy it within a reasonable time after the Commissioners have given him notice requiring him to remedy it:

This Clause provides that when an owner fails to carry out his obligations, and in case o f breaches capable o f remedy, fa ils to pu t them right on notice being given by the Commission, the Commission have the option o f (a) taking over management o f the dedicated areas, on terms which, failing agreement, would be referred to an arbiter under Clause Seventh or (b) o f terminating the deed, so that the owner and his successors have no further obligations and the grants are no longer payable.

The effect o f taking over management o f the woodlands should not be confused with the compulsory accjuisition o f the land.

Fifth: In the event of any dispute arising between the parties relating to or connected with the rules or practice o f good forestry, the m atter will be referred to a Reference Comm ittee which shall be constituted in accordance with the provisions o f section four of the Forestry Act, 1951, and the decision of the Reference Committee shall be final and binding on both parties hereto:Provided always th a t if any such dispute as aforesaid relates to or is connected with—

(a) whether any particular work or action required by the rules or practice o f good forestry to be carried out on the said lands has been carried out by the Owner in a proper and workm anlike m anner; or

(b) the am ount or extent o f any felling operations to be prescribed by any approved p lan ;

then in every such case the decision o f the Commissioners (having given due consideration to any recom m endations made in the m atter by a Reference Committee) shall be final and binding on the parties:

32


The Reference Committees are constituted as follows: The Chairman is appointed by the Secretary o f State fo r Scotland, and two members are selected by the Secretary o f State from panels o f persons whom he appoints after consulting the Regional Advisory Committee, the associations representing the interests of woodland owners and o f timber merchants, and the forestry societies. No Commissioner or person employed by the Commissioners may be a member. The Commission is obliged to accept the decisions o f such a committee unless the dispute is about whether any necessary operation has been carried out in a proper and workmanlike manner or about the amount o f felling an owner wishes to prescribe in his plan o f operations. In such cases the Commissioners make the final decision, but before doing so they must consider the recommendations o f the Committee.

This clause does not apply to disputes which arise under Clause Sixth.

Sixth: (1) The Owner will be entitled to be released by the Commissioners from the performance and observance of the terms and conditions which under this Agreement he has undertaken to perform and observe—

(a) if he gives notice in writing to the Commissioners that he is unable for reasons beyond his control (such reasons being stated in the notice) to continue to manage the said lands in accordance with the terms o f this Agreement, and proves to the reasonable satisfaction of the Commissioners th a t he is unable to do so and the Commissioners do not, within twelve calendar m onths after the giving of the notice aforesaid, decide to take over the management and development of the said lands under paragraph (a) of Clause Fourth hereof; or

(,b) if a t any time the said lands or any part thereof are proved to the reasonable satisfaction o f the Commissioners to be unsuitable for continued development and management for forestry purposes as contem plated by this Agieem ent: Provided always that if part or parts only o f the said lands shall have been proved to be unsuitable as aforesaid then any such release shall extend only to such part or parts o f the said lan ds:

(2) Any release agreed to be granted as aforesaid by the Commissioners will be granted on such terms as are fair and equitable to both parties, no account being taken for the purpose of any grants previously made to the Owner under Clause Third hereof:

This clause entitles an owner to a release from his obligations where he can prove to the Commissioners’ reasonable satisfaction that he is unable to meet them and the Commissioners do not

33

S C O T L A N D — B A S I S II

decide (under Clause Fourth) to take over management. He is also entitled to release fro m his obligations, in respect o f all or part o f the dedicated area, i f it is proved to the Commissioners’ reasonable satisfaction to be no longer suitable fo r forestry.

There is no provision fo r arbitration on whether the owner is no longer able fo r reasons beyond his control to continue management under the Deed, or on whether the area or part o f it is no longer suitable fo r forestry.

Seventh: In the event of any dispute arising between the parties with regard to this Agreement or the construction thereof or any part thereof or with regard to the approved plan or any m atter in any way connected with or arising out of this Agreem ent or the approved plan or the operation o f either, or with regard to the rights, duties or liabilities o f either party in connection with the m atters aforesaid, or as to the terms hereinbefore referred to which are fair and equitable to both parties, the m atter shall be referred to the decision of a single arbiter to be appointed (in default o f agreement) by the Chairm an for the time being of the Scottish Comm ittee o f the Royal Institution o f Chartered Surveyors.Provided always th a t nothing in this Clause shall apply to any such dispute as is mentioned in Clause Fifth hereof or to any such dispute as aforesaid arising under paragraph (1) o f Clause Sixth hereof:

This clause provides fo r the appointment o f an arbiter to whom may be referred all disputes other than those which relate to the rules or practice o f good forestry (otherwise provided fo r under Clause Fifth) and those referred to in the explanatory note to Clause Sixth . In particular the question whether the Commissioners' terms fo r the release o f a dedicated area under Clause S ixth are fa ir and equitable may be referred to an arbiter.

Eighth: In this Agreement the expression “ tim ber ” includes all forest products, and the expression “ growing of tim ber ” includes all operations properly carried out in the course of forestry o r for purposes connected with forestry :

Ninth: Any notice given by the Commissioners to the Owner under this Agreement or in connection with any m atter arising out o f it shall be deemed to be sufficient notice if it is sent by registered post to the Owner or to his factor, commissioner or agent a t the last known place o f residence or business o f either o f them or delivered a t such address; and any such notice given by the Owner shall be sent by registered post to the Commissioners at their office for the time being in London or a t the office for the time being o f the D irector o f Forestry for Scotland:

34


Tenth: The parties to this Agreement consent to the registration thereof for preservation and execution and for the purposes and in terms o f section 3 of the Forestry Act, 1947.

I N W IT N E S S W H E R E O F ..............................................

F IR S T S C H E D U L ED E S C R I P T I O N OF L A N D S

S E C O N D S C H E D U L EG R A N T S

1. A planting grant at the rate o f seventeen pounds per acre or such other revised rate as shall for the time being be payable under Clause Third o f this Agreement, for all land planted or replanted or otherwise satisfactorily stocked with trees by the Owner in each year whether with hardw oods or softwoods in accordance with the approved plan, to be paid forthw ith on the completion of the work to the satisfaction of the Commissioners.

2. A m aintenance grant for a period o f fifteen years for all land planted, replanted or stocked as aforesaid and maintained to the satisfaction of the Commissioners, a t the rate o f five shillings and sixpence per acre per annum , or such other revised rate as shall for the time being be payable under Clause Third of this Agreement, the first payment thereof to be made on or before the thirty-first day o f December following the completion o f the work as aforesaid, and subsequent payments to be m ade on or before the thirty-first day o f December in each o f the fourteen succeeding years.

3. A maintenance grant for a period o f fifteen years for all productive woodlands (other than new plantations planted, replanted or stocked as aforesaid) m aintained to the satisfaction o f the Commissioners, a t the rate o f five shillings and sixpence per acre per annum , or such other revised rate as shall for the time being be payable under Clause Third of this Agreement, the first paym ent thereof to be made on or before the thirty-first day o f December in the year nineteen hundredan d .......................................... and subsequent payments to bem ade on or before the thirty-first day in December in each of the fourteen succeeding years.

For the purposes o f this Schedule, all woods which are estimated to be 50 % stocked are regarded as productive.

35

Appendix IIIP L A N OF O P E R A T IO N S F O R M S

The Plan consists of the following tabular statements and descriptive material:D .R. 1.

Estate:.................................................... County(ies):..............................................................Period of Plan: Forest Years*

19....... to 19.......inclusive

CONTENTS OF PLAN f P a g e N o.Section I.

(D.R. 2)

Section II.(D.R. 3—5)

Section III.(D.R. 6)

Section IV.(D.R. 7)

Section V.(D.R. 8—9)

Appendices:(D.R. 10)

(D.R. 11)

(D.R. 12)

(D.R. 13)

Record Forms:(D.R. 14)

(D.R. 15)

(D.R. 16)

(D.R. 17)

(D.R. 18)

Details of Ownership and Certificate of Approval of PlanClassification and Description of the Area

Objects of Management

Prescriptions for Planting, Thinning and Felling

Proposed Methods of Working

I. Compartment Notes (Optional)II. Planting ProgrammeIII. Thinning ProgrammeIV. Felling Programme

1. Statement of Areas Planted2. Statement of Areas Thinned3. Statement of Areas Felled4. Summary Control Sheet5. Annual Summary of Total Area Qualifying for

Maintenance Grants (Compulsory only for Woods Dedicated under Basis II)Two copies o f the Plan are necessary, one being retained by the Owner, the other by the Commission; further copies may be prepared if desired.

* The Forest Year is the twelve months ending on the 30th September o f the corresponding Calendar Year,

t Number the Pages serially after the plan is completed, starting with Section I.

36

D .R .2.(Old D A)

P L A N O F O P E R A T I O N S F O R D E D I C A T E D W O O D L A N D S

S E C T I O N I

D e t a i l s o f O w n e r s h i p

a n d C e r t i f i c a t e o f A p p r o v a l o f t h e P l a n

Estate:

County:

Period covered Forest Years by the Plan: 19....... to 19.Area covered by the Plan:

Forestry Commission Conservancy:..........................................

Owner’s Name: .............................................................Address:

.Acres

Agent’s Name: .............................................................Address:

Skilled Supervisor’s Name: .Address:

* (Dedication This Plan of Operations is the Approved Plan referred to in theEngland and Second Schedule Clause 2 of the Forestry Deed of Covenant underWales) Basis *1/11 dated............................................... 19........

* (Dedication This Plan of Operations is the Approved Plan referred to in theScotland) Second Clause of the Forestry Dedication Agreement under Basis*1/11 dated.................................................... 19.

Signature of the Owner or Authorised Agent:

Date: .19.

Signature for the Forestry Commissioners:

Rank:Authorised by the Forestry Commissioners.

Date: ....................................................................................... 19.* Delete each inappropriate item.

37

D .R .3.(O ld D.2)

E sta te : .................................................................

SECTION II

C l a s s i f i c a t i o n a n d D e s c r i p t i o n o f t h e A r e a

As at 1st October, 19.......

II (a). * Maps of the Area: The relevant maps of the area, or photoprinted copies thereof, are on Ordnance Survey six-inch-to-one-mile sheets numbered:

Plan o f Operations: 19........ to 19........

and are t filed in the envelope at the back of this plan/fsubmitted separately.N ote: All maps must bear the name of the Estate and be signed as relative to this Plan of Operations, by both parties.

The maps must agree with the plan that forms part of the Dedication Covenant or Agreement.

II (b). Summary Area Statement as at 1st October, 19.......(i) Woodlands: 50 % Stocking and Over Acres

Broadleaved and Mixed High Forest:Conifer High Forest: ..............................Coppice and Coppice with Standards:Total: ...

(ii) Woodlands: Under 50 % Stocked:Broadleaved and Mixed High Forest:Conifer High Forest: ...........................................Scrub, Coppice and Coppice with Standards: .....................Total: ...

(iii) Unstocked Land:PlantableUnplantableTotal: ... .....................

Total Area covered by the Plan:

This Statement is based on, and agrees with, the following Section II (d), which shows in more detail the situation and classification of the area.

See Note on following page.

38f Delete inappropriate statement.

Plan of Operations: 19....... to 19........E sta te:............................................................

s e c t i o n ii (c )D e s c r i p t i o n o f t h e W o o d l a n d s a s a W h o l e :

(This description should be based on, and supplemented by, detailed Compartment Notes submitted as Appendix I; or by other descriptions o f individual areas compiled on similar specified lines).

D.R.4.

N o te on M a p s

AH m aps m ust bear the nam e o f the E sta te and be sign ed as rela tive to this P lan o f O peration s b y both p a rtie s .

The boundary o f the d ed ica ted area shou ld be shewn on the m ap by a firm b lack {Indian ink) line.

Interna! boundaries, dem arcating com partm ents, should be shewn b y “ chain do t ” b la ck lines, thus — -------------

W oods are b es t su bdivided along rides, stream s, or o ther recognisable perm an en t boundaries into com partm en ts, which fo r convenience should not ex c eed 25 acres, sm all

w oods standing b y them selves should each fo rm a separa te com partm ent.C om partm en ts m ust be num bered seria lly f o r identification. The nam es o f individual

w oods m a y also be en tered in the fo rm s, to a id identification o f areas.W here necessary in order to distinguish variations in the p resen t crop, com partm ents

m a y b e d iv id ed into sub-com partm ents, d istinguished b y le tters {e.g . 1A , IB , etc.). Su b-com partm en t boundaries m a y be in d ica ted on the m aps b y d o tte d b lack lines.

B o th the ser ia l num ber, a n d the area in acres, o f each com partm ent, m ust be shewn on the m ap, p re fe ra b ly b y se ttin g the num ber over the acreage, fo r exam ple j \ indicates C om partm en t 3 o f 21 acres. I t is not essen tia l to show sub-com partm ent areas on the m aps.

A ll com partm en t {and sub-com partm ent) acreages should, be rounded ou t to the nearest whole acre, in such a w ay th a t their to ta l agrees with the to ta l area dedicated. The area o f any in ternal rides, roads, etc ., serving as in ternal boundaries shou ld be included with th a t o f the ad jacen t com partm ents.

The m aps sh ou ld not be coloured when f ir s t subm itted , as it m ay be necessary to m ake ph o to -co p ies o f them.

39

D .R .6.

E state:......................................................SE C T IO N III

O b j e c t s o f M a n a g e m e n t

Plan o f Operations: 19........ to 19..

41

D.R.7.(iOld D.4)

E sta te :.......................................................S E C T IO N IV

P r e s c r i p t i o n s f o r P l a n t i n g , T h i n n i n g a n d F e l l i n g

Forest Years 19 to 19.......Areas to nearest Acre

Plan o f Operations: 19.......... to 19.........

Total 1st to 5th years:

p r o v i s i o n a l

ALLOCATION BY

FOREST YEARS:

1st Year 19.

2nd „ 19......

3rd „ 19......

4th „ 19.......

5th „ 19......

Estimate: 6th to 10th Years:

PLANTING including Natural Rege neration

THINNING

(4)

FELLING

(5)

Broadleaved and Mixed

( 0Conifer

(2)Total

(3)

I

Notes: (i) This form is supplemented by Appendices II, III and IV o f this Plan o f Operations [pages 46— 48],which show in detail where it is proposed to carry out the prescribed planting, thinning and felling. Appendix I, Compartment Notes, should also be used to supplement this information.

(ii) Where any partial planting is proposed, only the net area expected to qualify fo r grant should be shown.(iii) Partial fellings involving the removal o f mature trees, e.g. to encourage the next crop, should be shown

under “ Felling,” not under “ Thinning.” The whole area affected should be entered.

R EM ARKS

42

SE C T IO N V

E s t a t e : ................................................................

P r o p o s e d M e t h o d s o f W o r k i n g

General Silvicultural Methods for Dealing with Existing Woods and Plantations

Plan o f Operations: 19........ to 19........

Methods of Regeneration to be Employed (Planting, Natural Regeneration, etc.)

Planting(a) Species and Planting Distances

(b) Types of Fences, e.g. stock, rabbit, deer, etc.

E s t a t e : ........................................................

( s e c t i o n v c o n t i n u e d )

4. Protective Measures against Fire

D.R .9.

Plan o f O perations: 19........ to 19

5. Protective Measures against Other Risks

6. Other Special Considerations

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D .R .12. (Sheet No., (iOld D.T)

E sta te :................................................Plan o f Operations: 19........ to 19. A PPEN D IX III

T h i n n i n g P r o g r a m m e

Areas to nearest Acrej Compt.

Name o f \ and/orWood j Sub-

i Compt.

( 1)i

(2)

Total for 5 Forest

Years19 .......

to 19 .......

0)

Provisional Allocation by Forest Years

1st 2nd 3rd 4th 5thYear Year Year Year Year

19 ....... 19 ....... 19 ....... 19 ....... 19.......(4) (5) (6) (7) (8)

Remarks I

(9)

TOTAL

NOTE :—As the work is actually done, it will be shown on Record Form 2. (D.R. 15)

47

D .R .13. (Sheet No., (iOld D.S)

Plan of Operations: 19....... to 19.E sta te :................................................

A P P E N D I X I V

F e l l i n g P r o g r a m m e

Areas to nearest Acre| Compt. Total for Provisional Allocation by Forest

!

Name o f i and/or 5 Forest Years iWood Sub- Years —1------------------------------ ----------------------------- Remarks 1

; Compt. 19....... 1st 2nd 3rd 4th 1 5thto 19....... Year i Year Year Year 1 Year

19 ..... 1 19....... 19 ....... 19....... , 19.......( 0 i (2) (3) (4) i (5) (6) (7) i (8) (9) ;

N O T E S :— (i) Where fellings will take place on areas classified in Section II as “ Under 50% Stocked” or“ Unstocked,” this should be noted in the Remarks column by “ P.S. Under 50% ” or “ U .S.” toensure that no deduction is made from the area eligible for Maintenance Grants (Dedication, Basis II, Record Form 5, Col. 6).

(ii) Where the woods are Dedicated under Basis II, these, and all other fellings that are unlikely to affect the Maintenance Grant, should be marked with an asterisk, so*.

(iii) A special note should be made o f any partial fellings involving the removal o f any mature trees, e.g. those to encourage the next crop, whether by natural regeneration or otherwise. The whole area affected should be entered, details being given under “ Remarks.” The removal o f immature trees to benefit the present crop should be entered as “ Thinning ” in Appendix III.

(iv) As the work is actually done it will be shown on Record Form 3 (D.R. 16.)

48

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49

D.R. 15 (Sheet No..............................)(O ld D.10)

E sta te:............................................................S t a t e m e n t o f A r e a s T h i n n e d

Areas to nearest Acre

Plan o f O perations: 19........ to 19......... r e c o r d f o r m 2

Compt. Forest Forest Forest Forest Forest Totaland/or Year Year Year Year Year fo r 5

Name o f Wood Sub- Years RemarksCompt. 19 ....... 19 ....... 19....... 19 ....... 19.......

(1) (2) (3) (4) (5) (6) (7) (8) (9)

TOTAL1I

i1i i

N O TE :—Proposals for thinning appear in Appendix III (D .R .12.)

50

D.R. 16 (Sheet No.. (Old D . l l )■ )

E state:.....................................................Plan o f O perations: 19 ........ to 19. R E C O R D F OR M 3

S t a t e m e n t o f A r e a s F e l l e d

Areas to nearest Acre

Name o f Wood

(1)

Compt.and/or

Sub-Compt.(2)

ForestYear

19..(3)

ForestYear

19..(4)

TOTAL

ForestYear

19..(5)

ForestYear

19..(6)

ForestYear

19..(7)

Total | for 5 IYears Remarks

(8) (9)

N OTES:-- m Anv areas classified in Section II as “ Under 50% Stocked ” or “ Unstocked should be shownW by"y‘‘ P S under 50%” or “ U .S.” in the “ Remarks” c o l u m n to ensure that no deduct,on is made

from the area eligible for Maintenance Grants (Dedication, Basis II. Record Form 5, Col. 6). (ii) Where the woods are Dedicated under Basis H, an asterisk (*) is used to indicate these and also

any other fellings that will not affect the Maintenance Grant, run A snecial note should be made o f any partial fellings involving the removal o f mature trees, e.g.

th ose to en c o u rage t he n ext crop, whether by natural regeneration or otherwise. The whole area stouM be entered®, details being given under Remarks. The removal o f immature trees to benefit the present crop should be entered as Thinning on Record Form 2.

(iv) Proposals for felling appear in Appendix IV (D.R.13.)

51

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53

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55

Appendix VO T H E R G R A N T S A V A I L A B L E TO

W O O D L A N D O W N E R S(1) Small W oods Grants

All woodlands are suitable for dedication if they are capable of economic m anagement, and the Commission welcomes proposals for dedication from any owner however small his woods, or his to tal woodland estate, may be. There may however be legitimate reasons against the dedication of very small w oodland estates, or the inclusion o f small outliers, policy woods, etc., in a dedication scheme on a larger estate. For this reason, Small W oods Planting G rants (at present £17 per acre) are payable in the following cases:—

A. On any estate (irrespective o f the total woodland area):(a) Detached woods less than 5 acres in area.(b) N arrow strips and belts o f woodland, e.g. those averaging 3 chains

or less in width, which are detached or are only joined to larger blocks at one end.

(c) Detached woods of bad access, not exceeding 15 acres if of good shape, bu t up to 30 acres if the shape is bad.

B. On an estate with a total woodland area o f less than 150 acres:All woods irrespective of size, shape and accessibility, provided that

there is no individual accessible wood of good shape exceeding 35 acres in extent.

(2) Approved W oodlands GrantsA planting grant (at present £8 . 10 . 0 per acre) is payable in respect of

planting in any woods which, though not dedicated, are managed according to a plan approved by the Commissioners. The form of plan usually adopted is th a t shown in Appendix III.

(3) Scrub Clearance GrantsThis grant is payable only in respect of dedicated w'oodlands, small

woodlands eligible for Small W oods Planting G rants and woodlands m anaged under a plan approved by the Forestry Commissioners.

It is payable for the clearance o f unproductive scrub, the clearing of which is estimated to cost more than £17 net per acre, from land which the owner undertakes to restock with trees.

56

Tlie present rates a re :(i) For areas estimated to cost more than £17 net per acre to clear, but

less than £27 net: £8 10s. Od. per acre.(ii) F or areas estimated to cost more than £27 net per acre to clear:

£13 10s. Od. per acre.The norm al planting grant, applicable to each description of woodland,

will be payable in addition.

(4) Thinning GrantsA grant (at present of £3 15s. Od. per acre) is payable in respect of the

first and second thinnings of all woodlands, whether dedicated or not. A stand, to be eligible for a grant, must be within certain limits of height or alternatively, of girth.

(5) Poplar Planting GrantsG rants are payable for the planting of poplar, of varieties generally

immune from canker. A t present the rates are as follows:Jn compact blocks (minimum acreage

in one year—2 acres) .............. —Dedicated estates, £17 per acre.Approved woodlands,

£8 10s. Od. per acre.Elsewhere, £8 10s. Od. per acre.

In lines (not less than 100 trees inone year) ... ... ... —2 / - per tree.

57

Appendix VIADDRESSES OF CONSERVATORS OF FORESTS

ENGLANDNORTH WEST

J. S. R. Chard, Forestry Commission, Upton Grange,U pton Heath, Chester

(Chester 24006/7)NORTH EAST

G. J. L. Batters, Forestry Commission, Briar House,Fulford Road, York.

(York 4684).EAST

G. W. Backhouse, Forestry Commission, Block D,Brooklands Avenue, Cambridge.

(Cambridge 54495).SOUTH EAST

R. H. Smith,Forestry Commission, “ Danesfield,”G range Road,W oking, Surrey.

(W oking 2270/1).SOUTH WEST

C. A. Connell, Forestry Commission, Flowers Hill, Brislington, Bristol 4.

(Bristol 78041/5).DEPUTY SURVEYOR,

NEW FORESTE. W ynne Jones, Forestry Commission, The Queen’s House, Lyndhurst, Hants.

(Lyndhurst 300).

Cumberland, W estmorland, Lancashire, part W est Riding o f Yorkshire (Lune and Ribble Valleys), Cheshire, Shropshire, part H erefordshire (north-west o f Leominster), Staffordshire, W arwickshire, Leicestershire, N ottingham shire and Derbyshire.

N orthum berland, D urham , Yorkshire (except that part of W est Riding in Lune and Ribble Valleys).

Lincoln, Rutland, N orfolk, Cambridge, N orth am ptonshire, Bedfordshire, Oxfordshire, Buckinghamshire, Hertfordshire, Essex, Suffolk, and Huntingdonshire.

Berkshire, London, Middlesex, Kent, Sussex, Surrey and Ham pshire (except New Forest and Isle o f Wight).

Herefordshire (except part north-west o f Leominster), Gloucestershire, Wiltshire, D orset (west o f Salisbury—Blandford—Poole Road), W orcestershire, Somerset, Devon and Cornwall.

P art Ham pshire (New Forest and Tsle of W ight), part D orset (east of Salisbury— Blandford— Poole Road).

58

DEPUTY SURVEYOR,FOREST OF DEAN

R. G. Sanzen-Baker, Forest of Dean. W hitemead Park,Parkend, Lydney, Glos.

(W hitecroft 305).

SCOTLANDNORTH

J. A. Dickson,Forestry Commission, 60 Church Street, Inverness.

(Inverness 223 and 608/9).

EASTF. W. A. Oliver, Forestry Commission,6 Queen’s Gate, Aberdeen.

(Aberdeen 33361/2).SOUTH

J. A. B. M acdonald, Forestry Commission, Greystone Park,M offat Road, Dumfries.

(Dumfries 1156).WEST

J. E. James,Forestry Commission,112 W est George St., Glasgow, C.2.

(Douglas 7261).

W ALESNORTH

F. C. Best,Forestry Commission, 15 Belmont, Shrewsbury.

(.Shrewsbury 4071/2).SOUTH

J. Q. Williamson, Forestry Commission, St. Agnes Road, Gabalfa, Cardiff.

(Cardiff 33051).

Caithness, Sutherland, Ross and Cromarty, Inverness, part Argyll (Mull and areas west of Loch Linnhe), N airn (except north-east corner), M oray (southern areas only), Orkney, Zetland.

N airn (north-east corner only), M oray (except southern areas), Banff, Aberdeen, Kincardine, Angus, Kinross, Fife (except south-west corner), pa rt Perth (areas north and east of Crieff).

M idlothian, East Lothian, Berwick, Roxburgh, Selkirk, Peebles, Dumfries, Kirkcudbright, Wigtown, part Ayr (south of Kilmarnock), part Lanarkshire (south-east of Lanark).

Argyll (except M ull and areas west of Loch Linnhe), part Perth (areas south and west of Crieff), Stirling, D unbarton, Renfrew, Clackm annan, part Fife (south-west corner only), p a rt Ayr (north of Kilmarnock), part Lanarkshire (north-west o f Lanark), West Lothian, Bute.

Anglesey, Caernarvon, Denbigh, Flint, M erioneth, M ontgomery, Radnor, Cardigan, except south-west and south-east.

Pem broke, Carm arthen, Brecknock, Glamorgan, M onm outh, south-western and south-eastern parts of Cardigan.

59

R E C E N TF O R E S T R Y C O M M I S S IO N P U B L IC A T IO N S

R e po r t sAnnual Report for the Year ended 30th s. d. s. d.

September, 1954 (H.C. 18) 3 6 (3 81)Report on Forest Research for the Year

ending M arch, 1955 5 6 (5 91)B u l l e t i n s

No. 21 Tree R oot Developm ent on Upland Heaths 10 6 (10 91)

No. 23 Mull and M or Form ation in Relation to Forest Soils 10 0 (10 31)

No. 24 The Volum e-Basal Area Line.A Study in Forest M ensuration 9 0 (9 31)

No. 25 Studies of N orth West American Forests in Relation to Silviculture in G reat Britain 6 0 (6 31)

B o o k l e t s N o. 4 Rusts of British Forest Trees 2 6 (2 71)

L e a f l e t s

No. 8 Megastigmus Flies AttackingConifer Seed 6 (7V)

No. 33 Collection and Storage of Ash,Sycamore and Maple Seed 6 (71)

No. 34 Badgers in W oodlands 9 (101)No. 35 Pine Sawflies 9 (10J)No. 36 The Crossbill 9 (10-5)

From H .M . Stationery Office, York House, Kingsway, London, W.C.2, or through any bookseller. Prices in brackets include postage.

U n p r i c e d P u b l i c a t i o n s G rants for W oodland Owners The Forestry Commission in Scotland H eath and Forest Fires: Instructions for Fire-fighting Forestry in WalesHints on Controlling Grey SquirrelsTraps for Grey SquirrelsTraining as a ForesterBritain’s New ForestsStarting a School ForestCamping Facilities a t N ational Forest ParksBooks and Periodicals on Forestry and Allied Subjects

These unpriced items (not available from H .M . Stationery Office) and a full publication list will, on request, be sent free o f charge by the Secretary,

Forestry Commission, 25 Savile R ow, London, W .l

60

Crown copyright reservedPublished by

H e r M a j e s t y ’ s S t a t i o n e r y O f f i c e

To be purchased from York House, Kingsway, London w.c.2

423 Oxford Street, London w.l P.O. Box 569, London s .E.l

13a Castle Street, Edinburgh 2 109 St. Mary Street, Cardiff

39 King Street, Manchester 2 Tower Lane, Bristol 1

2 Edmund Street, Birmingham 3 80 Chichester Street, Belfast or through any bookseller

Printed in Great Britain

S.O. Code No. 71—6—2—56Printed in G reat B ritain under the au thority o f H er M ajesty’s Stationery Office

by M cC orquodale & Co., L td ., London, S.E.A 2730 W t. 4396 K 40 5/56

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