UK Act of Parliament 2018 Scotland

Forestry and Land Management (Scotland) Act 2018

An Act of the Scottish Parliament to make provision about Scottish Ministers' functions in relation to forestry; to make provision about Scottish Ministers' functions in relation to the management of forested land and other land; and for connected purposes.

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
NatureScot
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 11 of 22 obligations carry an unlimited fine. 11 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person11

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Overview of Act

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.001 Overview of Act (opens in a new tab)
Part 2

Forestry functions

4 of 9 sections shown
s.002 Duty to promote sustainable forest management (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers and public authorities must promote sustainable forest managementCrown / Minister / Government department
s.003 Duty to prepare forestry strategy (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must prepare and revise a forestry strategyCrown / Minister / Government department
s.006 Duty to have regard to forestry strategy (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must have regard to the forestry strategyCrown / Minister / Government department
s.008 Duty to make arrangements for research in relation to the promotion of sustainable forest management (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must arrange research on sustainable forestryCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
s.004 Preparation and revision of forestry strategy (opens in a new tab)
s.005 Publication of forestry strategy (opens in a new tab)
s.007 Report on forestry strategy (opens in a new tab)
s.009 Transfer of Plant Varieties and Seeds Act 1964 functions (opens in a new tab)
s.010 Transfer of Plant Health Act 1967 functions (opens in a new tab)
Part 3

Management of land by Scottish Ministers

3 of 10 sections shown
s.014 Duty to publish information on forestry (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish information on non-forested forest holdingsCrown / Minister / Government department
s.016 Duty to publish map of land managed by Scottish Ministers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish a map of managed landCrown / Minister / Government department
s.020 Power to dispose of land (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must record and ring-fence land disposal proceedsCrown / Minister / Government department
7 other sections in this Part — procedural and definitional
s.011 Management of forested land (opens in a new tab)
s.012 Meaning of “forested land” (opens in a new tab)
s.013 Meaning of “national forest estate” (opens in a new tab)
s.015 Management of land to further sustainable development (opens in a new tab)
s.017 Power to enter into arrangements (opens in a new tab)
s.018 Power to acquire land by agreement (opens in a new tab)
s.019 Compulsory purchase of land (opens in a new tab)
Part 4

Felling

15 of 48 sections shown
s.023 Offence of unauthorised felling (opens in a new tab) Prosecution
  • Fell trees without permission or exemptionAny Person

Unlimited fine

s.026 False or misleading information in applications: offence (opens in a new tab) Prosecution
  • Give false or misleading information on felling applicationAny Person

Unlimited fine

s.028 Continuing conditions on felling permission: offence (opens in a new tab) Prosecution
  • Fail to comply with conditions on felling permissionAny Person

Unlimited fine

s.029 Variation of felling permission (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify when varying felling permissionCrown / Minister / Government department
s.030 Suspension of felling permission (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must give notice when suspending a felling permissionCrown / Minister / Government department
s.031 Revocation of felling permission (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must give notice when revoking a felling permissionCrown / Minister / Government department
s.035 Felling directions: offence (opens in a new tab) Prosecution
  • Fail to comply with a felling directionAny Person

Unlimited fine

s.037 Restocking directions: offence (opens in a new tab) Prosecution
  • Fail to comply with a restocking directionAny Person

Unlimited fine

s.039 Registered notices to comply: offence (opens in a new tab) Prosecution
  • Fail to comply with a registered notice to complyAny Person

Unlimited fine

s.045 Temporary stop notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must display and enforce temporary stop notices for illegal fellingCrown / Minister / Government department
s.046 Temporary stop notices: offence (opens in a new tab) Prosecution
  • Fail to comply with temporary stop noticeAny Person

Unlimited fine

s.049 Requests for information: offence (opens in a new tab) Prosecution
  • Provide false or misleading information to a forestry information requestAny Person

Unlimited fine

s.055 Remedial notices: offence (opens in a new tab) Prosecution
  • Fail to comply with remedial noticeAny Person

Unlimited fine

s.057 Registered remedial notices: offence (opens in a new tab) Prosecution
  • Fail to comply with registered remedial noticeAny Person

Unlimited fine

s.061 Powers of entry and step-in power: offences (opens in a new tab) Prosecution
  • Obstruct Scottish Ministers' forestry powersAny Person

Unlimited fine

33 other sections in this Part — procedural and definitional
s.021 Overview of Part 4 (opens in a new tab)
s.022 Key terms in Part 4 (opens in a new tab)
s.024 Unauthorised felling: exemptions (opens in a new tab)
s.025 Applications for felling permission (opens in a new tab)
s.027 Decisions on applications (opens in a new tab)
s.032 Compensation for refusal of felling permission (opens in a new tab)
s.033 Felling of trees subject to tree preservation orders (opens in a new tab)
s.034 Felling directions (opens in a new tab)
s.036 Restocking directions (opens in a new tab)
s.038 Registration of notices to comply (opens in a new tab)
s.040 Registration of notices of variation (opens in a new tab)
s.041 Registration of notices of discharge from compliance (opens in a new tab)
s.042 Meaning of “register” (opens in a new tab)
s.043 Descriptions of land (opens in a new tab)
s.044 Receipt of notices by Keeper (opens in a new tab)
s.047 Temporary stop notices: compensation (opens in a new tab)
s.048 Requests for information (opens in a new tab)
s.050 Site visits with consent of owner or occupier (opens in a new tab)
s.051 Power of entry: unauthorised felling (opens in a new tab)
s.052 Power of entry: decision to give felling directions or restocking directions (opens in a new tab)
s.053 Power of entry: failure to comply (opens in a new tab)
s.054 Remedial notices (opens in a new tab)
s.056 Registration of remedial notices (opens in a new tab)
s.058 Giving documents to owner or occupier (opens in a new tab)
s.059 Step-in power (opens in a new tab)
s.060 Powers of entry and step-in power: application to court (opens in a new tab)
s.062 Powers of entry and step-in power: further provision (opens in a new tab)
s.063 Step-in power: recovery of expenses (opens in a new tab)
s.064 Registration of notices of liability for expenses (opens in a new tab)
s.065 Recovery of expenses from new owner of land (opens in a new tab)
s.066 Registration of notices of discharge of liability for expenses (opens in a new tab)
s.067 Time limit for prosecution (opens in a new tab)
s.068 Appeals against decisions by Scottish Ministers (opens in a new tab)
Part 5

General powers

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.069 Information, research and education (opens in a new tab)
s.070 Power to form companies etc. (opens in a new tab)
s.071 Financial assistance (opens in a new tab)
s.072 Charging (opens in a new tab)
s.073 Chief forester (opens in a new tab)
s.074 Arrangements for carrying out forestry and land management functions (opens in a new tab)
s.075 Report on operation of administrative arrangements (opens in a new tab)
Part 6

General and final provisions

0 of 11 sections shown
11 other sections in this Part — procedural and definitional
s.076 Regulations (opens in a new tab)
s.077 Ancillary provision (opens in a new tab)
s.078 Interpretation (opens in a new tab)
s.079 Modifications of enactments and repeals (opens in a new tab)
s.080 Saving of existing forestry dedication agreements (opens in a new tab)
s.081 Forestry Commissioners' functions no longer exercisable in Scotland (opens in a new tab)
s.082 Index of defined expressions (opens in a new tab)
s.083 Crown application: general (opens in a new tab)
s.084 Crown application: powers of entry (opens in a new tab)
s.085 Commencement (opens in a new tab)
s.086 Short title (opens in a new tab)
Schedules

Schedules

0 of 2 shown
2 other schedules
s.sch001 In section 1(1) of the Acquisition of Land (Authorisation Procedure)...
s.sch001 In section 160(7) of the Town and Country Planning (Scotland)...

Help complying

Guvnor’s practical routes through this instrument.

2 more guides that reference this instrument
Forestry compliance checklist Which forestry rules apply to your business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.