Scotland's forested landscapes play an integral part in the country's biodiversity. As the demand for sustainable forestry practices grows, legal expertise will continue to play a pivotal role in balancing environmental integrity with economic benefits to help facilitate ambitious new projects.
With expansive forests, woodlands, and diverse ecosystems, Scotland is truly a biodiversity playground.
Scotland's forested landscapes, including native woodlands and managed forests, provide habitats for numerous species, from iconic red squirrels and capercaillie to lesser-known flora and fauna.
Key legislation
Forestry operations are subject to regulations that aim to safeguard the environment while promoting responsible forest management.
Key legislation such as the Forestry and Land Scotland Act 2018, and the Wildlife and Countryside Act 1981, guide forestry activities. The former established Forestry and Land Scotland (FLS), which is responsible for managing Scotland's national forests and land. FLS is tasked with balancing the commercial, social, and environmental aspects of forest management.
In tandem, the Wildlife and Countryside Act offers protection for native species and habitats, prohibiting actions that may harm protected species and ensuring compliance with biodiversity conservation measures.
Forestry practices in Scotland must also comply with environmental impact assessments (EIAs) where applicable, particularly in sensitive areas such as Sites of Special Scientific Interest (SSSIs) or Special Areas of Conservation (SACs). The legal obligation for an EIA ensures that any new forestry development, such as large-scale planting or clear-felling, is assessed for potential impacts on local ecosystems.
Forestry management
One of the most pressing concerns in forestry management is the preservation of Scotland's native woodlands, which face threats from invasive species, climate change, and unsustainable forestry practices.
The Scottish Government's "Scottish Forestry Strategy 2019" outlines ambitious targets for increasing forest cover while enhancing biodiversity. The strategy emphasises the need to expand native woodland restoration efforts and diversify tree species to improve resilience against pests and diseases, particularly in light of ongoing climate change.
Benefits of good forestry practices
Recently FLS undertook a Forest Research Survey in North Tummel Forest and found that a variety of spiders, moths, butterflies, and beetles use clear-fell forestry areas. Such clear-fell areas provide open habitats for 10 – 15 years post-felling and have been described by FLS as necessary to provide a "mosaic of habitats needed to support a wide variety of inspect species".
Scottish Water has developed a plan to create more woodland to capture more carbon and make the water catchment at Loch Katrine more resilient to climate change. The plans for more than 4600 hectares of native woodlands have been approved by Scottish Forestry. New woodland is also thought to stabilise soils, hold more water, and slow runoff from the land to result in less organic matter being washed into the loch.
While the practical benefits are clear and measurable, for landowners, developers, and forestry operators, it is important to also understand the legal obligations surrounding biodiversity protection and sustainable land management – particularly before embarking on any projects.
Legal advice can assist in navigating the complexities of regulations and ensuring compliance with both national policies and international biodiversity commitments. As the demand for sustainable forestry practices grows, legal expertise will continue to play a pivotal role in balancing environmental integrity with the economic benefits of Scotland's forestry sector, helping to facilitate ambitious new projects.
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