Unlicensed tree fellings and prosecutions: EIR release

Information requested

The number of incidences of tree fellings without a licence between 2012-13 and 2021-22.

If possible, the number of trees damaged and or felled/destroyed in each incident.

The number of successful prosecutions for each illegal felling.

The resulting fine for each case.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 10(4)(a) of the EIRs (Information not held) applies to some of the information you have requested.

The table below provides the data we hold on:

• The number of reported unauthorised felling reports over the period in question.
• The number of evidential investigations undertaken – this can be taken as the number of incidences of tree fellings without a permission (as licences are now called), as evidential investigations are undertaken where desk research indicates the works are unauthorised.
• The number of successful prosecutions.
• The resulting fine for each case.

Data that we do not hold:

• We do not hold collated data on the number of trees damaged, felled and/or destroyed in each incident.
• We do not routinely record the value of successful prosecutions; partial information is provided as shown.

Scottish Forestry: Un-authorised Felling Reports, Investigations and Prosecutions

Year	Unauthorised felling reports	Evidential Investigations	Successful Prosecutions	Fine (£)
2012/13*	28	15	1	n/a - Settled out of court
2013/14*	38	20	1	Not recorded
2014/15*	43	30	0
2015/16	80	43	0
2016/17	71	32	1	£1,250
2017/18	55	23	1	Not recorded
2018/19	80	17	0
2019/20	86	26	0
2021/22	120	28	0

* Note: Data for 2012/13 – 2014/15 is partial as one of our local Conservancy offices (Grampian Conservancy) does not hold information for these years.

In April 2019 forestry devolution was completed, and the powers and responsibilities of the Forestry Commissioners (delivered by Forestry Commission Scotland) as they related to Scotland were transferred to Scottish Ministers, and are delivered by Scottish Forestry. Prior to this point data relates to activity undertaken by the Forestry Commission Scotland.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.