Forestry Sector - Regulations and Guidelines

Forestry Acts 1967, 1979 and 1981

Forestry Act 1967
Under the Forestry Act 1967, the Forestry Commission was given the duty of promoting the interests of forestry, the development of forestation, and the production and supply of timber and other forest products in the UK. The Act enables the Commission:

" to manage land placed at their disposal by Ministers;
" to assist and advise woodland owners;
" to collect and publish statistics on forestry;
" to promote and develop forestry training and education;
" to control tree felling in Britain and to prosecute for illegal felling.

Forestry Act 1979
The Forestry Act 1979 restated the power of the Forestry Commission to make grants and loans for forestry purposes to land owners and their tenants.

Forestry Act 1981
The Forestry Act 1981 gave Ministers the power to sell Forestry Commission land.

Plant Health Act 1967
The Plant Health Act 1967 gave the Forestry Commission the authority to protect forest trees and timber from attack by pests and diseases. It also gave them the power to make any necessary regulations.

Countryside Acts 1967 and 1968
The Countryside Acts of 1967 and 1968 require the Forestry Commission to regard to the conservation of natural beauty and amenity of the countryside. The Acts enable the Commission to provide recreational facilities and to plant trees in the interests of amenity.

Wildlife and Countryside (Amendment) Act 1985
The Wildlife and Countryside (Amendment) Act 1985 requires the Forestry Commission to maintain a balance between:

" the development of forestation, the management of forests and the production and supply of timber, and
" the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest.

The Directive on the Conservation of Natural Habitats and Wild Fauna and Flora 92/43/EEC
This directive seeks to protect biodiversity, including biodiversity in forests and woodlands through the use of national regulations. The mechanisms for achieving this are:

" the establishment of a network of sites across Member States through the designation of Special Areas of Conservation (SACs)
" legislation to avoid deterioration and significant disturbance within these sites. In the UK, the national legislation was passed through the Conservation (Natural Habitats etc.) Regulations 1994 for the purpose of implementing the Habitats Directive (SI No.2716).

The UK Biodiversity Action Plan sets out a programme to conserve and enhance biodiversity in response to the commitments under the Convention on Biological Diversity. As well as specific targeted action plans for priority species and habitats, it includes measures for integrating biodiversity into all sectors of land use and business. The Countryside and Rights of Way Act 2000 which applies England and Wales, obliges Ministers, Government departments and the National Assembly for Wales to have regard to the conservation of biological diversity in carrying out their duties.

Environment Act 1995
The Environment Act 1995 requires the Forestry Commission to regard the purposes of National Parks when performing any functions which affect land in a National Park.

Forestry Commission Guidelines
The Forestry Commission has produced a number of Guidelines:

" Forests & Water Guidelines
" Forests & Soil Conservation Guidelines
" Forest Nature Conservation Guidelines
" Forest Landscape Design Guidelines
" Community Woodland Design Guidelines
" Forests & Archaeology Guidelines
" Forest Recreation Guidelines
" Lowland Landscape Design Guidelines

Environmental Impact Assessment (EIA) of Forestry Projects
England & Wales: The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 [SI 1999/2228] Scotland: The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999[SI 1999/43
These Regulations require anyone who wishes to carry out a relevant project (e.g. deforestation, afforestation, work on forestry roads or quarries) to obtain consent for the work from the Forestry Commission. The Applicant must submit an Environmental Statement (ES) in support of the proposals to apply for consent. Further guidance is available from the Forestry Commission's website: www.forestry.gov.uk.

Crofters (Scotland) Act 1993 (c.44)
This Act gives crofters permission (with consent of the landlord and the Crofters Commission) to plant trees on, and use as woodlands, any part of the common grazing and apply for grants under the Farm Woodland Premium Scheme.

This information is based on complex and changing legislation. It does not constitute legal advice. We endeavour to keep up-to-date, we cannot be held liable for errors and omissions; compliance with the law remains the user's responsibility.