FREE CHAPTER from ‘A Practical Guide to the Law of Forests in Scotland’ by Philip Buchan

19/05/2021

CHAPTER ONE – FORESTRY LAW HISTORY AND LEGISLATION

World War I

The importance of effective forestry management became evident in the early 20th Century. There was no clear forestry strategy in the UK prior to World War I and by the end of the War there was a critical shortage of timber and an over-reliance on timber imports. Prime Minister David Lloyd George commented that Britain came nearer to losing the war through lack of timber than want of food.

Woodlands and Forests

The UK Forestry Standard describes a forest to be land for the most part covered in trees, whether in large tracts (generally, called ‘forests’) or smaller areas known by a range of terms such as woods, copses, spinneys or shelterbelts. The term ‘woodland’ is synonymous with forest in the Standard.

The Acland Committee

In 1916, the Government appointed a committee, chaired by Francis Acland, to examine ‘the best means of conserving and developing the woodland and forestry resources of the United Kingdom, having regard to the experience gained during the war’. The Acland Report was published in 1918 and recommended the creation of a ‘Forest Authority equipped with funds and powers to survey, purchase, lease and plant land and generally to administer the areas acquired with compulsory powers to be exercised when needed after due enquiry and the award of fair compensation’.

Forestry Commission

The Government set up an interim Forest Authority in 1918 and the Acland Report led to a Forestry Bill. The Forestry Act 1919 came into force on 1 September of that year and established the Forestry Commission to administer woodlands in England, Scotland, Wales and Ireland.

World War II

The Forestry Commission was restructured at the beginning of World War II so that the Forest Management Department would carry out the Commission’s usual activities and the Timber Supply Department would focus on wartime timber demands. By the end of WWII, approximately one-third of the UK’s available timber had been felled and processed by the Women’s Timber Core (known as the “Lumberjills”) and thousands of overseas workers who managed the timber during the war effort.

Sustainable Forest Management

During the 1980’s, global concerns about environmental degradation and deforestation focused attention on the sustainable management of forests which was first articulated at the 1992 United Nations Conference on Environment and Development (the ‘Earth Summit’) in Rio de Janeiro.

Forestry Legislation

The Forestry Act 1919 gave the Forestry Commission wide powers to acquire and plant land, promote timber supply and forest industries, undertake education and research, make grants and give advice to woodland owners.

The Forestry Act 1967 consolidated the Forestry Acts 1919 to 1963. The Forestry Act 1967, as amended, remains the key statute relating to forestry in England and Wales while the Forestry Act (Northern Ireland) 2010 governs forestry policy in Northern Ireland. The 1967 Act provided the regulatory basis for forestry in Scotland until it was replaced by new Scottish legislation.

The Forestry and Land Management (Scotland) Act 2018 is the first forestry legislation since the new Scottish Parliament was formed in 1999. The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019 brought the 2018 Act into force on 1 April 2019 and the Act resulted in the devolution of forestry regulation to the Scottish Government and requires the Scottish Ministers (the group of senior Ministers in the Scottish Government) to promote ‘sustainable forest management’ and to publish a ‘forestry strategy’ (Chapter Two) setting out a vision for forestry in Scotland.

In preparing or revising the forestry strategy, the Scottish Ministers are required to have regard to:

  • the land use strategy (prepared under section 57 of the Climate Change (Scotland) Act 2009

  • the land rights and responsibilities statement (section 1 of the Land Reform (Scotland) Act 2016)

  • Article 2 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change)

  • the code of practice on deer management (section 5A of the Deer (Scotland) Act 1996)

  • the Scottish Biodiversity Strategy (prepared under section 2 of the Nature Conservation (Scotland) Act 2004)

The main legislation impacting on Scottish forestry includes:

  • Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

  • Occupiers Liability (Scotland) Act 1960

  • Plant Varieties and Seeds Act 1964

  • Plant Health Act 1967

  • Countryside (Scotland) Act 1967

  • Countryside Act 1968

  • Control of Pollution Act 1974

  • Ancient Monuments and Archaeological Areas Act 1979

  • Land Registration (Scotland) Act 1979

  • Wildlife and Countryside Act 1981

  • Roads (Scotland) Act 1984

  • Inheritance Tax Act 1984

  • Capital Allowances Act 1990

  • Environmental Protection Act 1990

  • Natural Heritage (Scotland) Act 1991

  • Taxation of Chargeable Gains Act 1992

  • Value Added Tax Act 1994

  • Environment Act 1995

  • Deer (Scotland) Act 1996

  • Town and Country Planning (Scotland) Act 1997

  • Scotland Act 1998

  • Abolition of Feudal Tenure etc. (Scotland) Act 2000

  • Capital Allowances Act 2001

  • Agricultural Holdings (Scotland) Act 2003

  • Land Reform (Scotland) Act 2003

  • Nature Conservation (Scotland) Act 2004

  • Water Environment (Controlled Activities) (Scotland) Regulations 2005

  • Income Tax (Trading and Other Income) Act 2005

  • Flood Risk Management (Scotland) Act 2009

  • Climate Change (Scotland) Act 2009

  • The Public Services Reform (Scotland) Act 2010

  • Wildlife and Natural Environment (Scotland) Act 2011

  • Water Environment (Controlled Activities) (Scotland) Regulations 2011

  • Land Registration (Scotland) Act 2012

  • The Wildlife and Countryside Act 1981 (Exceptions to Section 14) (Scotland) Order 2012

  • The Wildlife and Countryside Act 1981 (Exceptions to Section 14) (Scotland) Amendment Order 2012

  • The Historic Environment (Scotland) Act 2014

  • Community Empowerment (Scotland) Act 2015

  • Land Reform (Scotland) Act 2016

  • Community Right to Buy (Abandoned, Neglected or Detrimental Land (Eligible Land, Regulators and Restrictions or Transfers and Dealings) (Scotland) Regulations 2018

  • The Scotland Act 1998 (Specification of Functions and Transfer of Property etc.) Order 2019

  • The Forestry and Land Management (Scotland) Act 2018

  • The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019

  • The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

  • The Forestry (Exemptions) (Scotland) Regulations 2019

  • The Felling (Scotland) Regulations 2019

This list is not exhaustive and the common law of Scotland may also apply.

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