These Regulations make provision about the exemptions to the offence of unauthorised felling under Part 4 of the Forestry and Land Management (Scotland) Act 2018 (“the Act”).
Regulation 3 provides that section 23(1) of the Act (offence of unauthorised felling) does not apply to felling of a type mentioned in regulation 4. The exemption includes, for example, the felling of a tree situated in an orchard, garden, churchyard, burial ground or public open space.
Regulation 5 makes provision about the circumstances in which regulation 4(c) does not apply. The effect of which is that, for example, the exemption in regulation 4(c) does not apply to the felling of trees where at least 50% of the woodland canopy is comprised with a species of tree listed in schedule 1, or to the felling of trees in Caledonian Pinewoods as specified in schedule 2.