Felling and restocking regulations: strategic environmental assessment

1 Introduction

1.1 Background

1.1.1 Following the passage of the Forestry and Land Management (Scotland) Act, the Scottish Government is proposing to bring forward secondary legislation to update the current provisions on felling and restocking, ensuring that statutory processes are proportionate to the activities they seek to regulate and to maintain the benefits of sustainable management of Scotland's forests. Regulations are also being considered to bring forward straightforward and transparent applications, permissions, directions, appeals, and compensation processes.

1.2 Purpose of this Environmental Report

1.2.1 The development of proposals for the new Regulations on Felling and Restocking is considered to fall under Section 5(3) of the Environmental Assessment (Scotland) Act 2005 ('the 2005 Act'). The 2005 Act requires that public plans, programmes, and strategies ( PPS) be assessed for their potential effects on the environment ^[1] .

1.2.2 Undertaking a Strategic Environmental Assessment ( SEA) provides a means of identifying potentially significant environmental impacts at an early stage in the development of the PPS. SEA also considers how identified impacts can be avoided or minimised through appropriate mitigation measures and provides for engagement with stakeholders through public consultation on both the PPS as well as the findings of the SEA. This feedback is used to inform the final iteration of the PPS. Following the adoption of the PPS a Post Adoption Statement will set out how the environmental considerations, and the results of the consultation have been taken into account.

1.3 Report structure

This Environmental Report sets out the findings of the SEA and is set out as follows:

Section 1 – Provides a brief introduction to the proposals for the new Regulations, and an overview of the SEA process.

Section 2 – Provides an overview of the wider policy context for the proposals. It also sets out the content and main objectives of the new Regulations.

Section 3 – Provides an overview of the consideration of reasonable alternatives in the development of the proposals.

Section 4 – Sets out the relevant aspects of the current state of the environment and the likely evolution thereof without the implementation of the Regulations. It also highlights any existing environmental problems/opportunities relevant to the Regulations.

Section 5 – Sets out the approach to the SEA.

Section 6 – Provides a narrative of the assessment findings.

Section 7 – Sets out information relating to the identification of mitigation measures and opportunities for enhancement.

Section 8 – Sets out proposals for monitoring.

Section 9 – Sets out the proposed programme of works in the development of the Regulations and the SEA process and the instructions on how to respond to the consultation.