Jurisdiction: United Kingdom

Commencement: 1st January 2023

Amends: 

Mini Summary

The Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements. We’ve written more about this in a previous update, which can be viewed here.

The Forestry Act 1967 has been repealed and replaced in Scotland by the Forestry and Land Management (Scotland) Act 2018, the 2018 Act makes certain transitional provisions which keep the 1967 Act in force in specified circumstances relating to applications made under the Act.

This Act sets out the general duties of the Forestry Commission (FC), its organisational structure and commissioner and staff roles. It allows the FC to manage and use any land granted to it the by the Minister, manage and supervise any woods or forests and buy and sell timber.

The main impact of the Act relates to the control over the felling of trees, Felling Licences and how they interact with Tree Preservation Orders.

A Felling Licence from the FC is required to fell growing trees, except in cases where:

  • felling trees with diameters less than 80mm (when measured at 1.3m from ground level);
  • felling trees for thinning purposes with diameters less than 100mm (when measured at 1.3m from ground level);
  • felling coppiced trees (for regrowth) with diameters less than 150mm (when measured at 1.3m from ground level);
  • lopping and topping (tree surgery, pollarding, pruning);
  • felling fruit trees;
  • felling trees as part of a development authorised with planning permission;
  • felling necessary to prevent dangers or nuisance; and
  • felling carried out by, or at the request of, an electricity operator.

A person can fell up to five cubic metres on their own property in any calendar quarter without a Felling Licence as long as no more than two cubic metres are sold.

In cases where a Felling Licence is requested in order to fell trees protected by a Tree Preservation Order (TPO) or in a conservation area the FC will consult with the local planning authority that issued the TPO before deciding whether or not to issue a Felling Licence which would overrule the TPO.

If the FC issues a Felling Licence for trees covered by a TPO or in a conservation area and the applicant has not declared the TPO or conservation area, then the Felling Licence does not cover the felling of those trees and felling them may be a criminal offence.


The Natural Environment and Rural Communities Act 2006 implements key aspects of the Government’s Rural Strategy published in July 2004 and also addresses a wider range of issues relating broadly to the natural environment. The Act requires every local authority to consider the purpose of conserving biodiversity. The Secretary of State for England and National Assembly for Wales, are required to publish a list of the living organisms and types of habitat which are of principle importance for the purpose of conserving biodiversity.

Duties

Various duties apply.

Amendment

The following provisions of the 2021 Act  come into force on 1st January 2023.

These provisions require a public authority* to set out biodiversity objectives and publish biodiversity reports.

*Public authority means an authority whose functions are of a public nature.

Lastly, duties are imposed on the Forestry Commission and Natural Resources Wales regarding the enforcement of tree felling and restocking notices.

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Scotland

Commencement: 10th November 2021

Amends:

Mini Summary

The Forestry (Exemptions) (Scotland) Regulations 2019 introduces exemptions, under the Forestry and Land Management (Scotland) Act 2018, from the requirement to gain permission from Scottish Forestry to fell trees. Therefore the offence of unauthorised felling will not apply in these circumstances.

Duties
The following exemptions are available:

These exemptions are for felling on, or on behalf of, the land owner unless otherwise stated.

Amendment

Minor technical changes are made to the definition of ‘statutory undertaker’ to fix a typographical error.

Regulation 6 is inserted which introduces a requirement to gain permission before any trees that are part of a peatland restoration project are felled.

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: England, Scotland

Commencement: 15th July 2021

Amends: The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350)
Mini Summary

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350) revoke and replace The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) (as amended) in relation to England and Wales.

The Regulations implement fees that will be charged for:

Schedule 3A in the 2006 Regulations (inserted by the 2008 amendment) set out reduced frequency of inspection fees for plant health checks of Canadian maple wood. This reduced frequency of inspections no longer applies and such consignments are no longer eligible for reduced rate fees. All other fees remain the same as they were in the now revoked The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) as amended.

Amendment

The fees for service in relation to plant passport authorities and applications for phytosanitary certificates (including those for re-export), are increased. This is to aid further cost recovery towards services for export certification to third countries and for inspections in connection with a plant passport authority provided in England.

 
Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.