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Forestry and Land Management (Scotland) Act 2018

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This is the original version (as it was originally enacted).

27Decisions on applications

(1)The Scottish Ministers may—

(a)grant an application for felling permission (with or without conditions), or

(b)refuse the application.

(2)In making a decision on the application, the Scottish Ministers must have regard to their duty to promote sustainable forest management.

(3)If the Scottish Ministers refuse the application, they must give reasons for the refusal.

(4)A condition on felling permission may, in particular, set out—

(a)how felling is to be carried out,

(b)when felling is to be carried out,

(c)persons who may carry out felling,

(d)steps that must be taken after felling is carried out (a “continuing condition”).

(5)A continuing condition on felling permission may, in particular, require persons to provide information to the Scottish Ministers.

(6)The Scottish Ministers may not impose conditions on felling permission if—

(a)the application relates to trees which are on land that is subject to a forestry dedication agreement, and

(b)the proposed felling is in accordance with a plan of operations for that land that has been approved by the Scottish Ministers.

(7)The Scottish Ministers may vary or revoke a condition imposed on felling permission.

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

(9)Regulations under subsection (8) may, in particular, include provision about—

(a)power for the Scottish Ministers to enter land on which a tree to which an application relates is located in order for them to make a decision in relation to the application,

(b)how decisions are to be notified,

(c)the imposition of conditions on felling permission,

(d)the information which continuing conditions may require,

(e)situations in which persons who have made an unsuccessful application for felling permission may be restricted from making a further application in relation to the same circumstances.

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