HIGH HEDGES BILL
MARSHALLED LIST OF AMENDMENTS
FURTHER CONSIDERATION STAGE
MONDAY 7 MARCH 2011

Amendment 1 [Made]

Clause 3 , Page 3, Line 27

Leave out subsections (7) to (9)

Minister of the Environment

Amendment 2 [Made]

New Clause

After clause 3 insert -

‘Fees

3A. -(1) The Department shall by regulations prescribe the maximum fee which may be determined by a council under section 3(1)(b).

(2) A fee received by a council under section 3(1)(b) -

(a) must be refunded by it where subsection (3) applies; and

(b) may be refunded by it in such other circumstances and to such extent as it may determine.

(3) This subsection applies where -

(a) a fee is paid to the council under section 3(1)(b) in connection with the making of a complaint to which this Act applies;

(b) a remedial notice is issued by, or on behalf of, the council in respect of the complaint; and

(c) the remedial notice takes effect.

(4) Regulations may make provision, in relation to a case where subsection (3) applies, for the payment to the council by any person who is an occupier or owner of the neighbouring land of a fee of such amount (if any) as the council may determine.

(5) Regulations under subsection (4) may in particular -

(a) provide for the fee not to exceed such amount as may be prescribed by the regulations;

(b) provide that, where two or more persons are liable to pay the fee, those persons are jointly and severally liable;

(c) provide for the fee to be refunded in such circumstances or to such extent as may be prescribed by, or determined in accordance with, the regulations.’

Minister of the Environment

Amendment 3 [Made]

Clause 14 , Page 11, Line 42

After ‘(b)’ insert ‘fees payable under section (Fees)(4) of that Act and’

Minister of the Environment

Amendment 4 [Negatived]

New Clause

After clause 16 insert -

‘Duty to report on single trees

16A. -(1) The Department must prepare a report on the nature and extent of neighbour disputes associated with single trees not forming part of a high hedge including an assessment of the potential for legislation to address the issues.

(2) The report shall be laid before the Assembly before the end of the period of 18 months from the time this Act receives Royal Assent.’

Mr Christopher Lyttle

Amendment 5 [Made]

Clause 18 , Page 13, Line 4

After ‘section’ insert ‘(Fees)(4),’

Minister of the Environment