Forestry and Land Management (Scotland) Act 2018 (2018 asp 8).

This Act brings about changes in the administration of forestry and land management in Scotland and confers on the Scottish Ministers forestry and land management functions. It removes, as a measure of devolution, these functions from the Forestry Commissioners in so far as they relate to Scotland, in preparation for integration of forestry policy, support, development and regulation into the Scottish Government. Specifically, the Act: Confers on the Scottish Ministers forestry functions, including a duty to promote sustainable forest management, and a duty to prepare, publish and have regard to a forestry strategy; Transfers to the Scottish Ministers from Forestry Commissioners tree health and silvicultural material testing functions, in so far as they apply to Scotland; Confers on the Scottish Ministers functions in relation to management of land, including forestry land, and provides for those functions to be delegated to community bodies where the Scottish Ministers consider it appropriate; enables the Scottish Ministers to enter into arrangements with other persons to manage land on their behalf, and/or provide advice and assistance on management of land; and provides powers for the Scottish Ministers to acquire and dispose of land, including land that is part of the National Forest Estate; Introduces a regulatory regime for felling trees and restocking. Unless an exemption applies, or the Scottish Ministers require felling to be carried out via a direction or a notice, felling must be carried out in accordance with permission granted by the Scottish Ministers; Provides powers for the Scottish Ministers to support compliance with the regulatory regime for felling and restocking; Provides general powers for the Scottish Ministers to use in carrying out their functions under the Act. The Scottish Ministers may compulsorily acquire land that they require for the purpose of exercising their forest management functions under this Act.
The Act places duties on the Scottish Ministers associated with the preparation and publication of a forestry strategy. It grants ample powers in respect of sustainable management of land and forestry and in particular with respect to, among other things, the felling of trees, restocking of forest land, enforcement. The Scottish Ministers may, for purposes of this Act, enter into agreements with private persons and delegate functions to community bodies. The Scottish Ministers shall also hold certain functions concern plant and tree health. The Act provides that the Forestry Commissioners functions are no longer exercisable in or as regards Scotland and, in consequence, Schedule 2 repeals enactments so far as relating to the functions of the Forestry Commissioners in relation to Scotland.