Forestry and Land Management (Scotland) Act 2018

Cited authorities 44

Cited in

Amendments 95

Jurisdiction	Scotland
Citation	2018 asp 8

This Act is arranged as follows—

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Forestry and Land Management (Scotland) Act 2018
PART 1: Overview of Act

1: Overview of Act

PART 2: Forestry functions

Duty to promote sustainable forest management

2: Duty to promote sustainable forest management

Forestry strategy

3: Duty to prepare forestry strategy
4: Preparation and revision of forestry strategy
5: Publication of forestry strategy
6: Duty to have regard to forestry strategy: The Scottish Ministers must have regard to the forestry strategy when—
7: Report on forestry strategy

Duty to make arrangements for research

8: Duty to make arrangements for research in relation to the promotion of sustainable forest management

9: Transfer of Plant Varieties and Seeds Act 1964 functions
10: Transfer of Plant Health Act 1967 functions

PART 3: Management of land by Scottish Ministers

Management of forested land

11: Management of forested land
12: Meaning of “forested land”
13: Meaning of “national forest estate”: In this Act, the “national forest estate” means land in Scotland—

Forestry information

14: Duty to publish information on forestry

Management of land to further sustainable development

15: Management of land to further sustainable development

Duty to publish map of land managed by Scottish Ministers

16: Duty to publish map of land managed by Scottish Ministers: The Scottish Ministers must publish a map setting out the areas of land that are, for the time being—

Power to enter into arrangements

17: Power to enter into arrangements

Acquisition and disposal of land

18: Power to acquire land by agreement
19: Compulsory purchase of land
20: Power to dispose of land

PART 4: Felling

21: Overview of Part 4
22: Key terms in Part 4
23: Offence of unauthorised felling

24: Unauthorised felling: exemptions

25: Applications for felling permission

26: False or misleading information in applications: offence

27: Decisions on applications

28: Continuing conditions on felling permission: offence

29: Variation of felling permission

30: Suspension of felling permission

31: Revocation of felling permission

32: Compensation for refusal of felling permission

33: Felling of trees subject to tree preservation orders

34: Felling directions

35: Felling directions: offence

36: Restocking directions

37: Restocking directions: offence

38: Registration of notices to comply

39: Registered notices to comply: offence

40: Registration of notices of variation

41: Registration of notices of discharge from compliance

42: Meaning of “register”

43: Descriptions of land: For the purposes of sections 38(2)(c), 40(3)(b), 41(2)(b), 56(b), 64(d) and 66(2)(c) the description of the land must—

44: Receipt of notices by Keeper

Temporary stop notices

45: Temporary stop notices
46: Temporary stop notices: offence
47: Temporary stop notices: compensation

Requests for information

48: Requests for information
49: Requests for information: offence

Site visits

50: Site visits with consent of owner or occupier

Powers of entry

51: Power of entry: unauthorised felling
52: Power of entry: decision to give felling directions or restocking directions
53: Power of entry: failure to comply

Remedial notices

54: Remedial notices
55: Remedial notices: offence
56: Registration of remedial notices: If a remedial notice (including any condition imposed on it) has been given in respect of land, the Scottish Ministers may apply to register a notice in relation to that land specifying—
57: Registered remedial notices: offence

Giving documents to owner or occupier

58: Giving documents to owner or occupier: Where in this Part a notice or other document is to be given to a person as the owner or occupier of land and the person's name or address cannot be ascertained after reasonable enquiry, it may be given by—

Step-in power

59: Step-in power: If a person fails to comply with a remedial notice (including any condition imposed on it) or a registered remedial notice within the period specified in it for compliance, the Scottish Ministers may—

Powers of entry and step-in power: application to court

60: Powers of entry and step-in power: application to court

Powers of entry and step-in power: offences

61: Powers of entry and step-in power: offences

Powers of entry and step-in power: further provision

62: Powers of entry and step-in power: further provision

Step-in power: recovery of expenses

63: Step-in power: recovery of expenses
64: Registration of notices of liability for expenses: The Scottish Ministers may apply to register a notice (a “notice of liability for expenses”) specifying—
65: Recovery of expenses from new owner of land
66: Registration of notices of discharge of liability for expenses

Time limit for prosecution

67: Time limit for prosecution

68: Appeals against decisions by Scottish Ministers

PART 5: General powers

69: Information, research and education etc.: The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act—

70: Power to form companies etc.: The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act—

71: Financial assistance

72: Charging
73: Chief forester

74: Arrangements for carrying out forestry and land management functions

75: Report on operation of administrative arrangements

PART 6: General and final provisions

76: Regulations

77: Ancillary provision

78: Interpretation
79: Modifications of enactments and repeals

80: Saving of existing forestry dedication agreements
81: Forestry Commissioners' functions no longer exercisable in Scotland
82: Index of defined expressions
83: Crown application: general

84: Crown application: powers of entry

85: Commencement

86: Short title
SCHEDULE 1 (introduced by section 79(1))
MODIFICATIONS OF ENACTMENTS

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
Town and Country Planning (Scotland) Act 1997

SCHEDULE 2 (introduced by section 79(2))
REPEALS
SCHEDULE 3 (introduced by section 82)
INDEX OF DEFINED EXPRESSIONS

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Forestry and Land Management (Scotland) Act 2018

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