The Felling (Scotland) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision regarding the regulation of felling in Scotland, pursuant to Part 4 of the Forestry and Land Management (Scotland) Act 2018.

Regulations 2 and 3 concern information which must be included in an application for felling permission.

Regulation 4 sets out circumstances where the Scottish Ministers may request additional information from the applicant for the purposes of making a decision on the application for felling permission. It also sets out circumstances where the Scottish Ministers may enter the felling area.

Regulation 5 is concerned with conditions on felling permission, and provides that conditions imposed on felling permission must relate to certain matters, for example, avoidance or mitigation of impact on communities or individuals.

Regulation 6 contains certain requirements in relation to notifying the applicant of a decision on an application for felling permission.

Regulation 7 is concerned with restrictions on applications for felling permission, where made in the same circumstances as a prior application which has been refused.

Regulation 8 sets out the information to be included in a restocking notice.

Regulation 9 is concerned with conditions on a restocking notice, and provides that the conditions imposed on a restocking notice must relate to certain matters, for example, the avoidance or mitigation of impact on communities or individuals.

Regulations 10 sets out circumstances where a restocking notice may not be given.

Regulation 11 contains requirements in relation to felling directions such as information which must be included in a felling direction and circumstances where a felling direction may not be given. Regulation 11 also provides that conditions imposed on a felling direction must relate to certain matters, such as the avoidance or mitigation of the impact on communities or individuals.

Regulation 12 is concerned with conditions on remedial notices, and provides that conditions imposed on a remedial notice must relate to certain matters, for example, avoidance or mitigation of the impact on communities or individuals.

Regulations 13 to 16 provide for appeals against relevant decisions.

Regulations 17 to 19 make provision in relation to claims for compensation for refusal of felling permission.

Regulations 20 to 23 make provision in relation to claims for compensation in respect of temporary stop notices.

A business and regulatory impact has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. A copy of this can be obtained from the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.