The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019
| Jurisdiction | Scotland |
| Citation | SSI 2019/47 |
| Year | 2019 |
(1) These Regulations may be cited as the Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019 and come into force on 1 April 2019.(2) In these Regulations—1 April 2019 is the day appointed for the coming into force of the 2018 Act, so far as not already in force
(1) An application for a felling licence under section 10 of the 1967 Act which was postponed before the appointed day by a notice served on the applicant under section 13(2) of the 1967 Act,which was postponed under section 13(2) of the 1967 Act, but is under consideration again having satisfied the requirement set out in the notice of postponement before the appointed day,which was made before the appointed day in response to a notice served on the applicant under section 10(5) of the 1967 Act,which was made before the appointed day and which relates to the felling of trees in accordance with a plan of operations or other working plan approved by the Forestry Commissioners as described in section 14(1) of the 1967 Act,in which the Forestry Commissioners have indicated to the applicant during consultation under section 12(1) of the 1967 Act (3) A person who has made an application of the type referred to in paragraph (1) is to be treated for all purposes as if they were a person entitled to make such an application under section 25 of the 2018 Act.a decision to grant a felling licence (with or without conditions) , under section 10(2) and, as applicable, 12(1) of the 1967 Act,a decision to refuse to grant a felling licence under section 10(2) , or a deemed refusal to grant a licence under section 13(1) , of the 1967 Act, ora decision to refer an application relating to trees to which a tree preservation order relates to the authority that made the order or to the Scottish Ministers, as the case may be, in terms of section 15(1) (b) or by a referral required under section 15(2) (a) of the 1967 Act.(1) Where paragraph (2) applies, the provisions referred to in paragraph (3) continue to have effect, subject to the modifications in paragraph (4) , on and after the appointed day as they did immediately before that day.(2) This paragraph applies to an application for a felling licence in the circumstances referred to in regulation 3(2) .sections 10, 12 to 15, 30, 34, 35, 48 and 49 and schedule 3 of the 1967 Act regulations 1, 3, 6 and 7 and schedule 1 of the 1979 Regulations.references in that section to “the appropriate forestry authority” were references to “the Scottish Ministers”,the words “complying with their duty of” in subsection (2) (b) were omitted, andsubsection (4) (b) were omitted,section 12 of the 1967 Act is to be read as if the references to “the appropriate forestry authority” in subsection (1) were references to “the Scottish Ministers”,subsection (1) were omitted,the references to “the appropriate forestry authority” in subsection (2) were references to “the Scottish Ministers”, andthe words from “Where” to the end of subsection (2) were omitted,the first reference in subsection (1) and all references in subsections (2) and (3) to “the appropriate forestry authority” were references to “the Scottish Ministers”, andsubsection (5) were omitted,references in that section to “the appropriate forestry authority” were references to “the Scottish Ministers”, andreferences to “the Minister” were references to “the Scottish Ministers”,for subsection (2) (a) there were substituted—
- “the 1967 Act” means the Forestry Act 1967 ,
- “the 1979 Act” means the Forestry Act 1979 ,
- “the 1979 Regulations” means the Forestry (Felling of Trees) Regulations 1979 ,
- “the 2018 Act” means the Forestry and Land Management (Scotland) Act 2018,
- “the appointed day” means the day appointed by regulation 2,
- “Forestry Commissioners” means the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 and continued in force by section 1(1) the 1967 Act,
- (a) the Scottish Ministers shall deal with the application and in doing so shall have regard to that objection;
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