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Forestry and Land Management (Scotland) Act 2018

Type Act of the Scottish Parliament

Publication 2018-05-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — Overview of Act

Overview of Act

1

This Act is arranged as follows—

Part 2 is about Scottish Ministers' forestry functions,

Part 3 is about management of land by Scottish Ministers,

Part 4 is about felling,

Part 5 is about Scottish Ministers' general powers under this Act,

Part 6 contains general and final provisions.

PART 2 — Forestry functions

CHAPTER 1 — General forestry functions

Duty to promote sustainable forest management

2

(1) The Scottish Ministers must promote sustainable forest management.

(2) A Scottish public authority must, in exercising any of its functions, promote sustainable forest management so far as is consistent with the proper exercise of those functions.

Forestry strategy

Duty to prepare forestry strategy

3

(1) The Scottish Ministers must prepare a forestry strategy.

(2) The forestry strategy—

(a) must set out a vision for forestry in Scotland,

(b) must set out the Scottish Ministers' objectives, priorities and policies with respect to the promotion of sustainable forest management, and

(3) The forestry strategy must include the Scottish Ministers' objectives, priorities and policies with respect to—

(a) the creation of woodland,

(b) the economic development of forestry,

(d) the conservation and enhancement of the environment by means of sustainable forest management,

(e) the realisation of the social benefits of forestry,

(f) the acquisition and disposal of land under sections 18 to 20,

(g) the production and supply of timber and other forest products.

(4) The Scottish Ministers—

(a) must keep the forestry strategy under review, and

(b) may, if they consider it appropriate to do so, revise the strategy.

(5) If the Scottish Ministers have not revised the forestry strategy under subsection (4)(b) within the period of 9 years beginning with the day on which the strategy was last published, they must revise the strategy.

Preparation and revision of forestry strategy

4

(1) In preparing or revising the forestry strategy, the Scottish Ministers must—

(a) publish a draft of the strategy and consult with such bodies as they consider appropriate and also with the general public,

(b) have regard to—

(i) the land use strategy (prepared under section 57 of the Climate Change (Scotland) Act 2009),

(ii) the land rights and responsibilities statement (prepared under section 1 of the Land Reform (Scotland) Act 2016),

(iii) Article 2 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change,

(iv) the code of practice on deer management (drawn up under section 5A of the Deer (Scotland) Act 1996), and

(v) the Scottish Biodiversity Strategy (prepared under section 2 of the Nature Conservation (Scotland) Act 2004).

(2) The forestry strategy must be prepared and revised with a view to achieving consistency, so far as practicable, between the objectives, priorities and policies set out in the strategy and the Scottish Ministers' other functions.

Publication of forestry strategy

5

(1) The Scottish Ministers must publish the forestry strategy and each revision of it.

(2) The Scottish Ministers must lay a copy of the forestry strategy and each revision of it before the Scottish Parliament.

(3) When complying with subsection (1), the Scottish Ministers must also publish a report setting out—

(a) the consultation process undertaken in order to comply with section 4(1)(a), and

(b) the ways in which views expressed during that process have been taken account of in preparing or revising the forestry strategy.

(4) The Scottish Ministers must lay a copy of a report under subsection (3) before the Scottish Parliament.

Duty to have regard to forestry strategy

6

The Scottish Ministers must have regard to the forestry strategy when—

(a) complying with their duty to promote sustainable forest management,

(b) exercising any of their tree health and silvicultural material testing functions under the Plant Varieties and Seeds Act 1964 and the Plant Health Act 1967 (see Chapter 2),

(d) acquiring land under section 18(1) or 19(1),

(e) disposing of forested land under section 20(1),

(f) exercising any of the following functions for the purposes of or in connection with the carrying out of a function mentioned in paragraphs (a) to (e)—

(i) section 69 (information, research and education etc.),

(ii) section 70 (power to form companies etc.),

(iii) section 71 (financial assistance),

(iv) section 72 (charging).

Report on forestry strategy

7

(1) The Scottish Ministers must, as soon as practicable after the end of each reporting period, prepare and publish a report setting out—

(a) progress made in the reporting period in respect of the objectives, priorities and policies included in the forestry strategy,

(b) an assessment of the extent to which funding and support provided by them has assisted in achieving such progress,

(2) The Scottish Ministers must lay a copy of each report prepared and published under this section before the Scottish Parliament.

(3) In this section, “reporting period” means the period of 3 years beginning with the day on which the forestry strategy was last published and each subsequent period of 3 years.

Duty to make arrangements for research

Duty to make arrangements for research in relation to the promotion of sustainable forest management

8

The Scottish Ministers must make arrangements for the carrying out of research in relation to matters relevant to their duty to promote sustainable forest management.

CHAPTER 2 — Tree health and silvicultural material testing functions

Transfer of Plant Varieties and Seeds Act 1964 functions

9

In section 29 of the Plant Varieties and Seeds Act 1964 (application of Part 2 to seed potatoes: silvicultural propagating and planting material), subsections (2) and (4) are repealed.

Transfer of Plant Health Act 1967 functions

10

(1) The Plant Health Act 1967 is amended as follows.

(2) In section 1(2) (objects of Act and competent authorities under it)—

(a) before paragraph (a) insert—

(za) for Scotland, the Scottish Ministers,

(b) in paragraph (a), “and Scotland” is repealed,

(i) “for England,” is repealed,

(ii) “and, for Scotland, the Scottish Ministers” is repealed.

(3) In section 6 (publication of orders), subsection (4) is repealed.

PART 3 — Management of land by Scottish Ministers

Management of forested land

11

(1) The Scottish Ministers must manage forested land in a way that promotes sustainable forest management.

(2) The duty in subsection (1) includes, in particular, the use of forested land for—

(a) the economic development of forestry,

(b) the conservation and enhancement of the environment by means of sustainable forest management,

(3) This section is subject to section 17(4).

Meaning of “forested land”

12

(1) In this Act, “forested land” means—

(a) land in the national forest estate that is forested, and

(b) other forested land that is—

(i) owned by the Scottish Ministers, or

(ii) managed by the Scottish Ministers on behalf of another person.

(2) In this Act, “forested” includes undergoing afforestation.

Meaning of “national forest estate”

13

In this Act, the “national forest estate” means land in Scotland—

(a) that was at the disposal of the Forestry Commissioners under the Forestry Act 1967 immediately before the date on which this section comes into force, and

(b) that is, for the time being, owned by the Scottish Ministers.

Forestry information

Duty to publish information on forestry

14

(1) The Scottish Ministers must gather and publish in such manner as they consider appropriate information on forest holdings in Scotland that do not fall within forested land as defined in section 12.

(2) The information to be gathered must include in particular information on the—

(a) area, and

(b) proprietorship,

of such forest holdings.

(3) The Scottish Ministers may by regulations make further provision about the information to be gathered for the purposes of this section.

(4) Regulations under subsection (3) may in particular make provision about whether the information is to be in the form of a statistically representative sample of, or comprehensive information on, all such forest holdings.

(5) Information under this section must be—

(a) first published no later than 3 years after the day of Royal Assent,

(b) subsequently published no later than 5 years after the date of the previous such publication.

Management of land to further sustainable development

15

(1) The Scottish Ministers must manage land mentioned in subsection (2) for the purpose of furthering the achievement of sustainable development.

(2) The land referred to in subsection (1) is—

(a) land in the national forest estate that is not forested, and

(b) other land that is not forested that is—

(i) owned by the Scottish Ministers having been acquired under section 18(1) or 19(1),

(ii) managed by the Scottish Ministers having been acquired under section 18(1) or 19(1), or

(iii) managed by the Scottish Ministers by virtue of an agreement under section 17(1).

(3) This section is subject to section 17(4).

Duty to publish map of land managed by Scottish Ministers

16

The Scottish Ministers must publish a map setting out the areas of land that are, for the time being—

(a) forested land,

(b) land within the meaning of section 15(2).

Power to enter into arrangements

17

(1) The Scottish Ministers may, for the purposes of managing land under section 11 or 15, enter into arrangements with any person for the management by the Scottish Ministers of land that the person has the right to manage.

(2) The Scottish Ministers may enter into arrangements with any person to provide advice or assistance in relation to the management of land that the person has the right to manage.

(3) An arrangement under subsection (1) or (2) may be on such terms as the Scottish Ministers may agree with that person.

(4) Sections 11 and 15 apply in relation to land that the Scottish Ministers manage under subsection (1) subject to such terms as the Scottish Ministers may agree with that person.

Acquisition and disposal of land

Power to acquire land by agreement

18

(1) The Scottish Ministers may, if they consider it appropriate to do so, acquire by agreement land for the purpose of exercising their functions under—

(a) section 11,

(b) section 15.

(2) The power in subsection (1) includes, in particular, the power—

(a) to purchase, or enter into a lease for, land,

(b) to accept land as a gift,

Compulsory purchase of land

19

(1) The Scottish Ministers may compulsorily acquire land that they require for the purpose of exercising their functions under section 11.

(2) But the Scottish Ministers may not compulsorily acquire land if—

(a) the land is subject to an arrangement under section 17(1),

(b) the land is—

(i) subject to a forestry dedication agreement, and

(ii) being managed in accordance with a plan of operations that has been approved by the Scottish Ministers, or

(3) The power in subsection (1) includes, in particular, the power—

(a) to acquire any right or interest in or over land,

(b) to acquire a servitude or other right in or over land by the creation of a new right.

Power to dispose of land

20

(1) The Scottish Ministers may, if they consider it appropriate to do so, dispose of land mentioned in subsection (2).

(2) The land is—

(a) land in the national forest estate,

(b) land within the meaning of section 12(1)(b)(i),

(3) The Scottish Ministers must ensure that any funds received by them as a result of the disposal of land under subsection (1) are—

(a) separately recorded, and

(b) used by them solely for the purposes of or in connection with the carrying out of their functions under this Act.

(4) In subsection (1), “dispose of land” includes—

(a) the sale, gift or lease of the land,

(b) the grant of any right or interest in or over the land.

PART 4 — Felling

CHAPTER 1 — Overview and key terms

Overview of Part 4

21

This Part is arranged as follows—

Chapter 2 sets out the offence of unauthorised felling,

Chapter 3 is about felling permission,

Chapter 4 is about felling directions,

Chapter 5 is about restocking directions,

Chapter 6 is about notices to comply,

Chapter 8 is about compliance,

Chapter 9 is about appeals against decisions relating to felling.

Key terms in Part 4

22

In this Part—

“felling” (and related expressions) includes intentionally killing a tree,

“felling direction” means a direction given under section 34,

“felling permission” means a permission granted under section 27,

“registered notice to comply” means a notice registered under section 38,

“registered remedial notice” means a notice registered under section 56,

“remedial notice” means a notice given under section 54,

“restocking direction” means a direction given under section 36,

“temporary stop notice” means a notice given under section 45(2).

CHAPTER 2 — Offence of unauthorised felling

Offence of unauthorised felling

23

(1) A person commits an offence if the person fells a tree unless—

(a) the felling is exempt under section 24, or

(b) the felling is carried out in accordance with—

(i) a felling permission,

(ii) a felling direction,

(iii) a restocking direction,

(iv) a registered notice to comply,

(v) a remedial notice, or

(vi) a registered remedial notice.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Where an offence under subsection (1) is committed in respect of more than one tree, the maximum fine under subsection (2) is to be determined as if the person had been convicted of a separate offence in respect of each tree.

Unauthorised felling: exemptions

24

(1) Section 23 does not apply to felling carried out in accordance with provision made in regulations made by the Scottish Ministers.

(2) Regulations under subsection (1) may, in particular, provide that section 23 does not apply to—

(a) particular categories of person,

(b) particular places or activities,

(d) trees of particular descriptions.

(3) Regulations under subsection (1) may modify any enactment (including this Act).

CHAPTER 3 — Felling permission

Applications for felling permission

25

(1) A person mentioned in subsection (2) may apply to the Scottish Ministers for permission to fell a tree (a “felling permission”).

(2) Those persons are—

(a) an owner of the land on which the tree is located,

(b) with the written permission of an owner of the land, an occupier of that land.

(3) The Scottish Ministers may by regulations make further provision about applications for felling permission.

(4) Regulations under subsection (3) may, in particular, include provision about—

(a) the way in which applications are to be made,

(b) the information to be provided in applications.

False or misleading information in applications: offence

26

(1) A person commits an offence if the person knowingly or recklessly provides false or misleading information in an application for felling permission.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Decisions on applications

27

(1) The Scottish Ministers may—

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