This includes those that are partially uprooted or have suffered damage as a result of wind, those that are diseased but not yet dead, been damaged by fire, or been damaged by a person (for example by machinery being used in the area). (a)the person making an appeal under paragraph (1) is referred to as the appellant. (3)In calculating any compensation that may be payable under section 32(1) of the Act, the Scottish Ministers must-, (a)take no account of deterioration in the quality of the timber that is attributable to neglect of the trees after the felling permission was refused, and. take no account of deterioration in the quality of the timber that is attributable to neglect of the trees after the felling permission was refused, and. From: Forestry Commission Published 9 July 2018 Last updated 1. Scottish Forestry is the Scottish Government agency responsible for forestry policy, support and regulation. 2.5.1 Currently, statutory procedures for the licensing of felling and re-stocking, and associated provisions on enforcement and appeals, are contained in the Forestry Act 1967; in The Forestry (Felling of Trees) Regulations 1979 [2] ; and in the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 [3] . The Defra woodland creation partners are: Comments should relate to the proposals compliance with the UK Forestry Standard. Login or register. 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. It is proposed to include burial grounds specifically as they are currently only partially catered for by virtue of churchyards being listed. We may have consulted other bodies and taken their views into account before reaching a decision. 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. This is essentially a technical point and has no material effect on the outcome of your request. (2)If the Scottish Ministers determine the appeal they must substitute a new decision for the relevant decision. The new public registers have been added to this page. A Felling Permission provides legal authority to fell the trees covered by the permission and may include conditions for example to ensure trees are replanted. 13.(1)An owner or occupier of land who is subject to a decision of a type referred to in section 68(1) of the Act may appeal to the Scottish Ministers against that decision. (a)all material provided to them by the appellant under regulation 14(3). The 5 m 3 per quarter [7] exemption is intended to support felling and thinning for small scale domestic and/or personal use and should not be used as a vehicle to achieve woodland removal. More information on the EIA process can be found on our EIA guidance page. (b)such longer period as the Scottish Ministers may notify to the claimant in writing. CASEREFERENCE : Case reference number 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"). 2. You can also check felling permission exemptions for utilities and infrastructure . Felling of trees in gardens, church yards and public open spaces. The case information page on the Public Register will tell you which body is responsible for the application within the field named Organisation. (b)consult such persons and make such other inquiries. We use this information to make the website work as well as possible. the proposed date of the commencement and the projected date of completion of the felling, where the application proposes restocking, the species of tree to be used for restocking, and, the restocking density, or the number of the trees to be replanted in the felling area or in an area other than the felling area as appropriate, and. Aerodromes - The 1979 Regulations exempt felling where the Secretary of State for Defence or the Secretary of State for Trade has certified that the tree obstructs the approach of aircraft to, or their departure from, any aerodrome or hinders the safe and efficient use of air navigational or aircraft landing installations. 2.4.4 The activities presently delivered by the Forestry Commissioners in Scotland through Forestry Commission Scotland ( FCS) and Forest Enterprise Scotland ( FES) will be transferred to the Scottish Government. Well send you a link to a feedback form. A copy of the Land Information Search map will not be accepted with applications for SRDP grants or felling licences. There are some exceptions that can apply, but in many instances a felling licence will be required. England and NI don't specify a maximum amount. Applications that appear on this register The types of applications displayed (when we're prepared to approve them) are: FGS woodland creation FGS agroforestry Amendment to FGS woodland creation Separately, the exemptions to have permission to fell will be reviewed. While we still consult with NatureScot, the species specific licence allows us to balance the needs of forestry and wildlife while increasing efficiency. NEARESTTOWN : Nearest town These decisions are published on the Decision Register for 28 days. All forest plans include felling operations. This means that the schemes may not have been checked for compliance with the UK Forestry Standard. ENDOFPUBLICCONSULTATION : Public consultation end date joovRAjjF8Or VpTi|1xN_fa-_-}mXQ56eAm-k"H#B0Z experience. Trees growing in these situations do not, generally, constitute a woodland and therefore are removed from the protection of the regime. q) Appendices A and B detail the current exemptions within the Act and current Regulations. (8)A decision made under paragraph (5)(b) or (c) is not subject to a right of appeal under section 68(1) of the Act. Each site that requires a licence must be applied for separately. The exemption is intended to streamline the decision-making process for felling licence applications that relate to overriding biosecurity or public safety issues. (a)the name, address and telephone number of the applicant. (4)The Scottish Ministers may request from the claimant any information that the Scottish Ministers consider to be necessary for the purpose of making a determination in relation to compensation. Most brand new woodland is planted with native trees like Scots pine, oak and birch. (c)a statement setting out the full particulars of the claim by reference to the matters set out in regulation 19(1) and (2). Your comment will be forwarded to the team responsible for the original decision. Find out more about our complaints procedure. The case information page on the Public Register will tell you which body is responsible for the application within the field named Organisation.. 2. The proposals for new Regulations largely maintain the status quo while offering flexibility for the development of new processes where there might be a need, such as the increased use of management plans. You need a felling licence from the Forestry Commission to fell growing trees if the volume of timber to be felled exceeds 5 cubic metres. 2.4.6 The Forestry and Land Management (Scotland) Act sets out the requirement to obtain a felling permission in part 4, chapter 2, section 23 as follows: Offence of unauthorised felling, (1) A person commits an offence if the person fells a tree unless, (a) the felling is exempt under section 24, or (b) the felling is carried out in accordance with. We will accept and process felling licence applications for the felling of larch species in Risk Zones 2 and 3, as normal, throughout the year. (a)was refused felling permission under section 27(1) of the Act, and. (f)all documents, materials and evidence on which the appellant relies in support of the appeal. From 1 April 2019, anyone wishing to fell trees in Scotland will require a felling permissionfrom Scottish Forestry, unless an exemption applies or another form of felling approval such as a felling licence (including a long term forest plan) or felling direction has been issued. DATECLOSED : The date the licence closed (j)the proposed date of the commencement and the projected date of completion of the felling, (k)where the application proposes restocking, (ii)the species of tree to be used for restocking, and, (iii)the restocking density, or the number of the trees to be replanted in the felling area or in an area other than the felling area as appropriate, and. What species do you plant? 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. When carried out as part of an approved plan, the cycle of planting and felling go a long way to meeting these goals. 2.4.8 The Scottish Government intends to provide for continuity as the change is made from the old regime to the new one, but also wishes look to further protect ancient woodlands from the cumulative effects of felling and provide more clarity on exemptions where possible. We may be able to save you time by transferring over your land profile (mapping and property data). Please note that from 11 July 2022 we will publish proposals that relate to applications under the England Woodland Creation Offer (EWCO) as soon as possible. Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. 1. 2.6.1 Many aspects of the proposal focus solely on changes in procedure or guidance and the Regulations restate much current practice or statute and are therefore unlikely to lead to substantive changes in how felling or re-stocking is carried out in practice. must contain the information specified in paragraph (2), and. (b)suffered loss in consequence of that refusal. It is now possible to apply for a Gull (Public Health and Safety) Licence online using the new service. Sometimes forest work, such as felling or road building, need to take place in areas that are home to protected species. LOCALAUTH : Local Authority Regulations 10 sets out circumstances where a restocking notice may not be given. preventing deterioration or further deterioration in the quality of timber comprised in the trees. 2.3.2 The Scottish Government wishes to allow for the continuation of the principle of domestic usage of an owner's resource, but looks to further protect ancient woodlands from the cumulative effects of felling. (3)The claim for compensation, which must be submitted on a form obtained from the Scottish Ministers, must include or, as the case may be, be accompanied by-. The total number of active applications submitted, not yet approved as of 14th July, in Scotland is 276. The requirement for a felling licence stems from the presumption against permanent loss of woodland cover, in particular ancient woodland. (b)avoidance or mitigation of impact on the environment, biodiversity or species. Do not begin felling until Scottish Forestry have issued a Felling Permission or other approval. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. A small number of felling licence applications directly related to the management of tree pests and diseases or made due to a public safety issue may now be excluded from publication on the Consultation Public Register, where the Forestry Commission deem that the proposed tree felling needs to be expedited for an overriding biosecurity or public safety benefit. Currently the system only allows new applications to be submitted, issued and returns submitted. tree preservation order means an order made or having effect as if made under section 160 of the Town and Country Planning (Scotland) Act 1997(5). Forests and land that Scotland can be proud of, Measures must be taken to keep the species at favourable conservation status. Our planting overall is a broad mix of species including conifers and broadleaves. [Content_Types].xml ( n0ED'E6@S[L9NP"#y{_m)!&].+I[#+ 18.(1)A claim for compensation under section 32(1) of the Act must be made by giving notice of the claim in accordance with this regulation. We use cookies to collect information about how you use data.gov.uk. Comments received after the closing date will not be considered. This is usually given in a Felling Permission or an approval under a grant scheme. The 1979 Regulations exempt felling on land which is subject to a dedication agreement and: The 2018 Act does not provide for new dedication agreements to be entered into, however under section 80 existing agreements will remain in place after the 1967 Act is repealed. Improved interpretation and guidance to aid regulators and owners as to when the exemptions would or would not apply. You normally need to get permission from Scottish Forestry to fell growing trees. If you have made a felling licence application since January 2018 please contact us before you apply for a new licence using Felling Licence Online. We can grant standard forestry operations licences to permit felling and harvesting operations within 20m of badger setts between 1 July and 30 November. The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 25(3), 27(8) and (9), 32(1) and (2), 34(6) and (7), 36(8) and (9), 47(1) and (3), 54(6), 68(2) and (3), 76(3) and 77(1) of the Forestry and Land Management (Scotland) Act 2018(1) and all other powers enabling them to do so. For larger woodlands and forests permission for felling can also be obtained through Forest Plans, or thinning approval through Management Plans. where the application does not involve restocking, a statement of the reasons for that. No comments can be submitted on decided cases. However the other diameter thresholds in the Forestry Act of 10 cm for thinning and 15 cm for coppice would no longer apply. 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. take no account of deterioration in the quality of the timber that is attributable to neglect of the trees after the temporary stop notice was sent to the applicant, and. (c)as they may consider necessary or relevant for the purposes of making a decision on an application for felling permission. Fines for breaching felling licences can vary depending on the country and offence. (i)whether the application includes the proposed felling of any trees that are the subject of a tree preservation order and, if so, information specifying which trees. You can change your cookie settings at any time. (b)ascertain the value of the trees on the basis of current market prices at the date the claim was received by Scottish Ministers in accordance with regulation 18. CONSERVANCY : Conservancy Regulatory, policy, support and grant-giving functions will transfer to Scottish Forestry, a Scottish Government Agency. This ensures any work we do has minimal impact to the species in question. Check for exemptions The exemptions section in our felling permission application guidance will help you judge if your felling is exempt. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. This is a new service your feedback will help us to improve it. (4)The appointed person may decide that the appeal is to be conducted by one of, or by a combination of, the following procedures:-. (b)the decision referred to in paragraph (1) is the relevant decision. The register shows a summary of current. For Forestry Commission cases, email or send a letter to the appropriate Forestry Commission Administrative hub, clearly quoting the case reference number. This SEA is concerned with these proposed changes. Applications stay on the Register for four weeks. (b)the Scottish Ministers are unable to access the felling area because consent under paragraph (2) is not given. The proposal the diameter should be measured over the bark at 1.3 m above the base of the tree, where the base of a tree is ground level when the tree is standing. 2.8.1 The Act does not dictate how permission to fell will be granted. (This note is not part of the Regulations). GRIDREF : National Grid Reference (1) A person commits an offence if the person fells a tree unless. Statutory undertakers are defined as persons authorised by any enactment to carry out any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, power or lighthouse undertaking, or any undertaking for the supply of hydraulic power or water, and public gas transporters within the meaning of Part I of the Gas Act 1986. (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. Any question of disputed compensation under this Part is to be determined by the Lands Tribunal for Scotland. We display them again once approved. Any felling carried out without either a Felling Permission or other approval is an offence, unless it is covered by an exception. The ability to assess any potential loss of woodland resource and ensure the restocking of land after felling. These stay on it for 4 weeks. 417 of 2020) introduced fees for forestry licence applications made . The exemption would not apply to small native woodlands defined as woodlands that are between 0.1 ha and 0.5 ha and where 50% of the canopy is comprised of stated native species [8]. 2.6.2 Therefore, during scoping, it was proposed that only those parts of the proposal with the potential to lead to significant environmental effects be subject to individual assessment, namely the exemptions (pertaining to changes to volume exemptions for ancient and semi-natural woodlands). FELLVOLUME : The estimated volume from felling in cubic meters. the owner, agent, timber merchant or contractor, must ensure that a Felling Permission or approval under a grant scheme has been issued before any felling is carried out or that one of the exceptions apply. (b)in the case of decisions of the types referred to in section 68(1)(c), (d) and (i) of the Act, within 40 working days beginning with the date on which the restocking direction, felling direction or remedial notice was sent. Although it has been modernised, it still does not completely reflect current practice. specify the species of trees to be planted, 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. (2)Where an application is made in contravention of paragraph (1), the Scottish Ministers may reject it without consideration. (a)request from the applicant such additional information, and. These Regulations make provision regarding the regulation of felling in Scotland, pursuant to Part 4 of the Forestry and Land Management (Scotland) Act 2018. Badger Ecologist licence This would continue to allow the felling, coppicing and thinning of small or young trees up to 8 cm in diameter without the need for a permission. These proposals are published on the Consultation Register for 28 days, during which you are able to make comments on the proposals in relation to the requirements of the UK Forestry Standard. a continuing condition on a felling permission which has not been complied with. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated.
Display Number With Leading Zeros Python,
Klinik Gigi Murah Perlis,
Tapps Basketball State Tournament 2023,
Well Spouse Association,
Articles F