The Felling (Scotland) Regulations 2019

PART 3 RESTOCKING DIRECTIONS

Restocking directions: notification

8.—(1) A restocking direction under section 36(2) of the Act—

(a) must contain the information specified in paragraph (2), and

(b) may—

(i) specify the species of trees to be planted,

(ii) where more than one species of tree is to be planted specify the percentage, relative to the total number of trees to be planted, of each species, and

(iii) include conditions.

(2) The information is—

(a) a description of the area of land to which the restocking direction relates,

(b) the number of trees to be planted,

(c) a completion date in respect of any requirement within the restocking direction, and

(d) the reasons for the restocking direction, by reference to—

(i) the felling of a tree—

(aa) which was not exempt by virtue of section 24 of the Act, and

(bb) which was not carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice(1), or

(ii) a continuing condition on a felling permission which has not been complied with.

Conditions on a restocking direction

9.—(1) The Scottish Minsters may only impose conditions on a restocking direction which relate to a matter mentioned in paragraph (2).

(2) The matters are—

(a) avoidance or mitigation of the impact on communities or individuals,

(b) avoidance or mitigation of the impact on the environment, biodiversity or protection of species, and

(c) the retention of, or increase in, woodland cover.

Restocking directions: restrictions

10.  The Scottish Ministers may not give a restocking direction in connection with the felling of a tree that was the subject of a tree preservation order where the felling was carried out-

(a) before 1 April 2019, and

(b) in accordance with the consent of the authority which made the order or the Scottish Ministers, as the case may be, following a referral under section 15(1)(b) or 15(2)(a) of the Forestry Act 1967(2).

(1)

The terms felling permission, felling direction, restocking direction, registered notice to comply, remedial notice and registered remedial notice are defined in section 22 of the 2018 Act.

(2)

1967 c.10.