Posted May 08, 2019 14:30:14When is it inappropriate to go to a forest or woodland estate?
The answer varies depending on the nature of the estate.
For example, you can’t go to the woods of a woodland estate without being warned that the property is not safe for you to visit, even if you’re a senior citizen, the disabled or elderly.
The Land Act allows you to enter a forest property without permission from the council, even though the council may not have given you a clear reason for wanting to visit.
For the purposes of the Forestry Act, you must apply to the local district court for permission to enter the forest.
In most cases, the courts will grant permission.
However, some districts have no jurisdiction over forest properties, so you may need to ask the council for a court order to enter your property.
The Forest Act requires councils to give you written notice that permission to go is required.
It must be given within two weeks of entering the forest, and in a way that doesn’t interfere with normal activities of the property.
If the council doesn’t give you the written notice, you may have to show that you’ve been warned that it’s not safe to go.
If you have been warned, you should be prepared to explain why you want to go and explain why it’s important to the council to be allowed into the forest estate.
The council has an opportunity to review your request within 14 days.
If the council refuses, you’ll have to go back to the district court with a copy of the written permission.
The Forestry Act requires that permission be given by the chief executive of the district council or an authorised officer.
If a council is unable to give the permission, you need to show why the council should be allowed in the forest and how it could be improved.
A forest estate is considered to be in a forest when there are no other buildings or structures that can be seen from the ground or inside the forest: the forest is not an open field or open country.
Forest properties are required to have a minimum of 500 square metres of clear and unobstructed area.
The maximum allowable length of a forest is one kilometre.
A parkland is the area of land that contains a number of open or enclosed places and is free of vegetation.
Parks are open year-round and are allowed on the grounds of any residential property, not just the forest property.
You can’t enter a woodland property without being given permission from an authorised person, but it’s unlikely you’ll be able to enter without permission.
The council is required to give written permission for any purpose to go in the woodland.
You may have access to some areas of the forest in the early morning and the afternoon.
For example, there are areas that are designated as open land for the first time, where you may find trees and plants.
However the council is not required to provide you with permission to clear any of the vegetation on those grounds.
You should never go in a woodland without the permission of an authorised individual, even for a short visit.
In such circumstances, it’s best to ask for permission in advance.
