The Forestry (Exemptions) (Scotland) Amendment Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Forestry (Exemptions) (Scotland) Regulations 2019 (“the Principal Regulations”). Amendments are made to certain exemptions to the offence of unauthorised felling under Part 4 of the Forestry and Land Management (Scotland) Act 2018 (“the 2018 Act”).

Regulation 2(2) makes a minor amendment to the definition of “statutory undertaker” in order to remedy a typographical error.

Regulation 2(3) inserts a new regulation 6 into the Principal Regulations which makes provision about the circumstances in which regulation 4(e) does not apply. Regulation 4(e) provides that the offence of unauthorised felling does not apply where the felling of a tree is immediately required for the purposes of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning (Scotland) Act 1997. The effect of the insertion of the new regulation 6 is that, despite a grant of planning permission under article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (Class 20A – peatland restoration), a felling permission will still be required before any trees can be lawfully felled as part of the peatland restoration project. Without a felling permission any person who fells trees as part of a peatland restoration project will commit an offence in terms of section 23 of the 2018 Act.