Scotland's Forestry Strategy 2019-2029 draft: strategic environmental assessment (SEA)

Findings of the strategic environmental assessment (SEA) of the consultation draft of Scotland's Forestry Strategy 2019-2029.


Appendix B: Relationship with other relevant plans or legislation

Name of PPS or legislation

Main requirements of the PPS or Legislation

How it affects, or is affected by the Forestry Strategy

International

Convention Concerning the Protection of the World Cultural and Natural Heritage (UNESCO 1972)

Provides the framework for cataloguing, naming and conserving sites of outstanding cultural or natural importance (world heritage sites).

The Forestry Strategy will have due cognisance of this convention.

Convention on Biological Diversity (UNCED 1992)

Highlighted objectives and outcomes, including the conservation of biological diversity, the sustainable use of natural resources, and the fair and equitable use of biological and natural resources, including forests.

The Forestry Strategy will contribute towards Scotland meeting its commitments made under this Convention.

Forest Principles (UNCED 1992)

Introduced the 'Forest Principles' which lay the foundation for all later policy developments, seeking to balance and harmonise competing demands on forest resources.

The Forestry Strategy will support these principles.

Johannesburg Summit on Sustainable Development (2002)

Furthering of Parties commitment to sustainable development through promoting the implementation of strategies to support ecosystems.

The Forestry Strategy through the promotion of SFM and the UKFS will contribute towards these commitments.

Kyoto Protocol

(UNFCCC 1997)

Agreement to reduce greenhouse gases which cause climate change. Signatories are obligated to report net greenhouse gas emissions arising from afforestation, reforestation, and deforestation. Article 2 commits signatories, in achieving emission limitation and reduction commitments, to implement and/or further elaborate policies and measures for the protection and enhancement of sinks and reservoirs of greenhouse gas, while at the same time promoting SFM.

The Forestry Strategy will contribute towards Scotland meeting its Protocol commitments and also through its support for the delivery of the Scottish Government's Climate Change Plan..

Ramsar Convention, 1971

Provides the framework for the conservation and wise use of wetlands and their resources through national action and international cooperation.

The Forestry Strategy through the promotion of SFM and the UKFS (includes guidelines on forests and water and biodiversity) will contribute towards these commitments.

Rio Declaration (United Nations Conference on Environment and Development (UNCED) 1992)

Highlighted the need to protect and enhance the environment when pursuing economic and social development.

The Forestry Strategy through the promotion of SFM and the UKFS will contribute towards these commitments.

The Bern Convention (1982)

The Convention on the Conservation of European Wildlife and Natural Habitats aims to ensure the conservation and protection of wild plant and animal species and their natural habitats.

The Forestry Strategy through the promotion of SFM and the UKFS (includes a guideline on forests and biodiversity) will contribute towards these commitments.

The Paris Agreement

(UNFCCC 2015)

Agreement to reduce emissions to contribute to the reduction of greenhouse gas. Commitment to limit global warming to less than 2oC and to take action to minimise climate change. Calls for action to conserve and enhance sinks of greenhouse gases, including forests.

The Forestry Strategy will contribute towards Scotland meeting its Protocol commitments and also through its support for the delivery of the Scottish Government's Climate Change Plan.

European

Common Agricultural Policy (CAP) (reformed in 2013)

A system of agricultural support and programmes for viable food production, sustainable management of natural resources and climate action, and balanced territorial development. The CAP recognises the beneficial impact of well-managed woodland on natural landscape and biodiversity.

The Forestry Strategy will have due cognisance of the policy.

EU 2020 Climate and Energy Package

Sets three key climate and energy targets for 2020 requiring a 20% reduction in greenhouse gas emissions from 1990 levels, 20% of EU energy from renewables and a 20% improvement in energy efficiency.

Renewables targets have prompted growth in woodfuel/biomass sector. Any impacts arising from the Forestry Strategy on the delivery of these targets and / or other wood fibre markets will need to be appraised.

EU 2030 Climate and Energy Framework

Sets three key targets for 2030: at least 40% reduction in greenhouse gas emissions; at least 27% share for renewable energy and at least 27% improvement in energy efficiency.

Renewables targets have prompted growth in woodfuel/biomass sector. Impact of any policy in the Forestry Strategy on the delivery of these targets and / or other wood fibre markets will need to be appraised.

EU Air Quality Directive 2008/50/EC

Sets long term air quality objectives and introduces air quality standards.

The Forestry Strategy will comply with all relevant European and domestic regulatory requirements.

EU Birds Directive 2009/147/EC

Protects all wild birds, their nests, eggs and habitats within the EC. It aims to protect all European wild birds and the habitats of listed species, in particular through the designation of Special Protection Areas (SPA).

The Forestry Strategy will comply with the Directive the promotion of SFM and the UKFS (includes a guideline on Forests and Biodiversity) will contribute towards these commitments.

EU Forest Strategy, 2013

A non-legislative framework which provides guidance on the development of policies having an impact on forests.

The Forestry Strategy will have cognisance of the Strategy.

EU Habitats Directive 92/43/EEC

Aims to protect biodiversity, through the conservation of natural habitats, wild flora and fauna. Provides the basis to classify the network of Special Areas of Conservation (SAC).

The Forestry Strategy will comply with the Directive. The promotion of SFM and the UKFS (includes a guideline on Forests and Biodiversity) will contribute towards these commitments.

EU Water Framework Directive 2000/60/EC

Safeguards the sustainable use of surface water, transitional waters, coastal waters and groundwater. Supports the status of aquatic ecosystems and associated environments. Addresses issues such as groundwater pollution and river basin management planning.

The Forestry Strategy will comply with the Directive. The promotion of SFM and the UKFS will contribute towards these commitments.

EU Plant Health Regime:

EU Plant Health Directive and Official Controls and new EU Plant Health regulation (EU) 2016/2031 and Official Controls (EU) 2017/625

Sets out the protective measures against plant pests and addresses official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.

The Forestry Strategy will have due regard to the Plant Health Regime.

European Biodiversity Strategy to 2020 – towards implementation (2011)

European endorsement of the Convention on Biological Diversity. It has a target to achieve more sustainable agriculture and forestry, for example, by encouraging forest holders to protect and enhance forest biodiversity. It outlines the Aichi Biodiversity Targets.

The Forestry Strategy will contribute to the delivery of this strategy by the promotion of SFM and the UKFS (includes a guideline on Forests and Biodiversity).

European Landscape Convention (2000)

Promotes landscape protection, management and planning.

The Forestry Strategy will contribute to this Strategy through the promotion of SFM and the UKFS (includes a guideline on Forests and Landscape).

European Strategy for Sustainable Development (2009 Review)

Sets out the long term objectives for sustainable development in Europe concerning issues such as climate change, transport, health and natural resources.

Strategy will contribute to this strategy through the promotion of SFM and the UKFS will contribute towards these commitments.

Industrial Strategy (renewed in 2017?)

Includes a new series of actions on Circular Economy, including measures to improve the production of renewable biological resources and their conversion into bio-based products and bio-energy.

The Forestry Strategy will take cognisance of this Strategy.

Renewable Energy Directive 2009/28/EC

Requires that biofuels and bioliquids meet EU's sustainability criteria in order to contribute towards national renewable energy targets. It aims to reduce the risk of indirect land use change, for example, by conversion of forests to agricultural land and to facilitate the development and adoption of advanced biofuels.

The Forestry Strategy will include references to SG's ambition for expanding Scotland's forest area, through woodland creation, that will support delivery of this commitment.

National

2020 Challenge for Scotland's Biodiversity, 2013

The focus of the strategy is on protecting and restoring healthy ecosystems, connecting people with nature and ensuring biodiversity contributes to sustainable economic growth.

The Forestry Strategy will take cognisance of this strategy.

Ancient Monuments and Archaeological Areas Act, 1979 (as amended by the Historic Environment Scotland Act, 2014)

Provides protection of scheduled monuments and areas of archaeological importance. Sites of national importance can be added to the inventory of historic battlefields or the inventory of gardens and designed landscapes (GDL) ('inventories') under this legislation. Historic Environment Scotland is responsible for compiling and maintaining the inventories.

The Forestry Strategy will take cognisance of this through the promotion of SFM and the UKFS (includes a guideline on Forests and Historic Environment).

Biomass Action Plan for Scotland, 2007

Sets out a coordinated programme for the development of the biomass sector in Scotland.

The Forestry Strategy will take cognisance of the Plan.

Cleaner Air for Scotland: The Road to a Healthier Future, 2015

Sets out proposals to further reduce air pollution to protect human health and comply with European and Scottish legal requirements relating to air quality.

The Forestry Strategy will have cognisance of the Strategy.

Climate Change (Scotland) Act, 2009

The Act sets targets for the reduction of greenhouse gas emissions and other climate change provisions, including adaptation.

The Forestry Strategy will support this programme through the promotion of SFM and the UKFS (includes a guideline on Forests and Climate Change).

Climate Change Plan (2018-2032)

Sets out the Scottish Government's decarbonisations plans to 2032.

The Forestry Strategy will directly support the implementation of the plan through delivering sustainable woodland creation and encouraging the increased use of wood products in construction, and contributing to other policy outcomes such as those identified for the agricultural sector.

Climate Ready Scotland – Scottish Climate Change Adaptation Programme, 2014

Sets out Ministers' objectives, policies, and proposals to tackle identified climate change impacts. It promotes planned adaptation in woodland creation and management, recognising that well-structured and diverse forests can better withstand change and extreme events.

The Forestry Strategy will support this programme through the promotion of SFM and the UKFS (includes a guideline on Forests and Climate Change).

Code of Practice on Deer Management, 2012

Sets out how land managers can deliver sustainable deer management. It specifies land managers' responsibilities and helps them identify what they must do and could do to manage deer sustainably.

The Forestry Strategy will have due regard to this code.

Community Empowerment Act, 2015

Introduces a right for community bodies to apply for ownership, lease or other rights over public assets, including the sale or lease of National Forest Estate land through the Community Asset Transfer Scheme.

The Forestry Strategy will take cognisance of this Act.

Environment Act, 1995

As well as establishing SEPA, the Act makes provision for schemes that benefit nature conservation and the promotion of public enjoyment of the countryside.

The Forestry Strategy will have due regard for the provisions of this Act through the promotion of SFM and the UKFS (includes a guidelines on Forests and Biodiversity, Water etc).

Flood Risk Management (Scotland) Act, 2009

Introduced a more sustainable, modern approach to flooding in Scotland and a framework for co-ordination and co-operation between organisations.

The Forestry Strategy will have due regard for the provisions of this Act.

Good Places, Better Health, 2008

Promotes partnership working which shares knowledge and understanding of how the physical environment impacts on mental health and wellbeing.

The Forestry Strategy will take cognisance of this Strategy.

Land Reform (Scotland) Act, 2003 & 2016

Establishes statutory public rights of access to land for recreational and other purposes

The Forestry Strategy will take cognisance of this Act.

Land Use Strategy (LUS) for Scotland,

2016 – 2021

Sets a framework for sustainable land use. It recognises the importance of ecosystem functions and services. It mandated a review of the Forestry Strategy.

The Forestry Strategy will take cognisance of this Strategy.

National Peatland Plan, 2015

Aims to secure the sustainable use, management and restoration of peatlands, including priority habitat bog woodland.

The Forestry Strategy will contribute to this strategy through the promotion of SFM and the UKFS (includes a guideline on Forests and Soil).

National Planning Framework 3 (NPF3) (2014)

The Scottish Government's policy on nationally important land use planning matters. The NPF3 strongly supports renewable energy developments and the Green Network. It aims to deliver 100,000 hectares of new woodland over the next 10 years to ensure Scotland meets its emissions reduction targets and wider land use objectives.

The Forestry Strategy will support the delivery of a number of key policies and national development e.g. woodland creation, Central Scotland Green Network etc.

Nature Conservation

(Scotland) Act, 2004

Sets out measures to conserve biodiversity and to protect and enhance Scotland's biological and geological natural heritage by the provision of the legal framework for the protection and management of Sites of Special Scientific Interest (SSSI).

The Forestry Strategy will take cognisance of this through the promotion of SFM and the UKFS (includes a guideline on Forests and Biodiversity).

Our Place in Time – The Historic Environment Strategy for Scotland, 2014

A high level framework for Scotland's historic environment with a key outcome. to ensure the cultural, social, environmental and economic value of Scotland's heritage makes a strong contribution to the nation's wellbeing.

The Forestry Strategy will contribute to this strategy through the promotion of SFM and the UKFS (includes a guideline on Forests and Historic Environment).

Planning etc. (Scotland) Act, 2006

Introduced the new system for the preparation of Strategic and Local Development Plans.

The Forestry Strategy will recognise the importance the planning system has for protecting and enhancing the natural environment.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

This is the main legislation that allows Historic Environment Scotland to list buildings of special architectural or historic interest and advise on changes affecting listed buildings and conservation areas, e.g. through listed building consent.

The Forestry Strategy will take cognisance of this Act.

Regulations on Forestry Felling and Restocking (Forestry and Land Management (Scotland) Bill)

(forthcoming)

Will create a new legislative framework to support, develop, and regulate forestry. It will transfer the functions currently held by Forestry Commissioners to Scottish Ministers and set out enabling powers to regulate felling and restocking.

Regulations will underpin the delivery of the Forestry Strategy.

Scotland's Economic Strategy, 2015

Sets a framework for a more competitive and fairer Scotland. Forestry meets the Strategy's four key priorities by sustainably investing in people and infrastructure; supporting a culture of innovation, research and development; promoting inclusive growth and creating opportunity and boosting international trade and investment.

The Forestry Strategy will support the implementation of this strategy.

Scottish Forestry Strategy, 2006

Provides the strategic framework for forestry and woodland in Scotland.

The new Forestry Strategy will replace the current Strategy. It will continue to take cognisance of the importance of woodlands and forests to the environment, communities and to people.

Scottish Government policy on the control of woodland removal (Forestry Commission Scotland, 2009)

Provides a strategic framework for appropriate woodland removal, the maintenance and expansion of forest cover, the achievement of an appropriate balance between forested and non-forested land, support for climate change mitigation and adaptation.

This policy will support the delivery of the Forestry Strategy and the promotion of SFM by minimising permanent woodland removal.

Scottish Planning Policy (SPP), 2014

Sets out policy on the creation of well designed, sustainable places, the reduction in carbon emissions and adaptation to climate change. This includes the protection and enhancement of natural and cultural assets, including woodlands.

The Forestry Strategy will support the SPP.

Scottish Plant Health Strategy

This strategy sets out the Scottish Government's approach to the protection of the health of plants (agricultural & horticultural crops, plants in parks and gardens, forestry and the natural environment) in Scotland.

The Forestry Strategy will have due regard to the strategy.

Scottish Rural Development Programme (SRDP) (2014 - 2020)

The key purpose of the SRDP is to help achieve sustainable economic growth in Scotland's rural areas. It's priorities include protecting and improving the natural environment and supporting the agricultural and forestry businesses.

The Forestry Strategy will take cognisance of the Act.

Scottish Soil Framework, 2009

Describes key pressures on soils, particularly climate change, relevant policies to combat those threats, and identifies the future focus for soil protection, key soil outcomes, and actions across a range of sectors.

The Forestry Strategy will contribute to this strategy through the promotion of SFM and the UKFS (includes a guideline on Forests and Soil).

The Forestry (Environmental Impact Assessment) (Scotland) Regulations, 2017

Covers various forestry projects including afforestation, deforestation, forest roads, and forestry quarries.

When delivering the new Forestry Strategy, forestry expansion and management practices should adhere to the SFM principles in the UKFS including the implementation of the EIA Regs.

The Forestry Act, 1967

Requires landowners to apply for a license for the felling of growing trees.

Is replaced by the Forestry and Land Management (Scotland) Act 2018.

The Historic Environment Scotland Policy Statement, 2016

Guides the operation of decision making within the Scottish planning system. It replaces the operational practices set out in the Scottish Historic Environment Policy (2011).

The Forestry Strategy will contribute to this strategy through the promotion of SFM and the UKFS (includes a guideline on Forests and Historic Environment).

The Land Rights and Responsibilities Statement (LRRS), 2017

Ministers have a duty to promote LRRS principles: There should be a more diverse pattern of land ownership/tenure and more opportunities for citizens and local communities to own, lease and have access to land or buildings which can contribute to their community's wellbeing and future development. There should be greater collaboration and community engagement in decisions about land.

The Forestry Strategy will have due regard to the LRRS.

The National Flood Risk Assessment (2015-21)

Published by SEPA. The risk assessment identifies the Potentially Vulnerable Areas and the risk associated with flooding in these areas. Relevant actions will be identified in the regional plans.

The Forestry Strategy will support this assessment through the promotion of SFM and the UKFS (includes a guideline on Forests and Water).

The right tree in the right place – Planning for forestry and woodlands (Forestry Commission Scotland, 2010)

Provides Scottish Government advice to planning authorities on planning for forestry and woodlands. It supports a significant expansion in woodland cover.

The Forestry Strategy will restate the principle of 'right tree in the right place'.

The River Basin Management Plan for the Scotland River Basin District, 2009 – 2015

Outlines the actions required to protect Scottish waters in good condition and to improve the quality of others.

The Forestry Strategy will support this plan through the promotion of SFM and the UKFS (includes a guideline on Forests and Water).

The Water Environment (Controlled Activities) (Scotland) Regulations, 2018

Outlines different levels of authorisations to allow for proportionate regulation of the water environment.

The Forestry Strategy will support the implementation of these regulations through the promotion of SFM and the UKFS (includes a guideline on Forests and Water).

UK Forestry Standard, revised 2017

The reference standard for SFM in the UK applies to all woodland, irrespective of who owns or manages it.

When delivering the new Forestry Strategy forestry expansion and management practices should adhere to the SFM principles in the UKFS.

Water Environment and Water Services (Scotland) Act, 2003

Protects the water environment including groundwater, surface water and wetlands, for, or in connection with the implementation of the Water Framework Directive.

The Forestry Strategy will contribute to this strategy through the promotion of SFM and the UKFS (includes a guideline on Forests and Historic Environment).

Wildlife and Countryside Act, 1981

Promotes the protection of wildlife, the countryside, National Parks and the designation of protected areas and public rights of way. It requires that the risks posed to wildlife by tree work and work in woodland are carefully assessed.

The Forestry Strategy will support this Act through the promotion of SFM and the UKFS (includes a guideline on Forests and Biodiversity).

Wildlife and Natural Environment (Scotland) Act, 2011

Makes a range of provision about wildlife and the natural environment. Makes certain amendments to the Wildlife and Countryside Act 1981 and other existing legislation.

The Forestry Strategy will support this Act through the promotion of SFM and the UKFS (includes a guideline on Forests and Biodiversity).

Zero Waste Plan, 2010

Sets out a vision for a zero waste society in which all waste is seen as a resource; waste is minimised; valuable resources are not disposed of in landfills and most waste is sorted, leaving only limited amounts to be treated.

The Forestry Strategy will have due regard for the Plan.

Regional

Flood Risk Management Plans

Published by local authorities. These plans set out how organisations, stakeholders and communities will work together to manage flood risk.

The Forestry Strategy will take cognisance of these strategies.

Flood Risk Management Strategies

Published by SEPA, the strategies set out actions to manage flood risk and the impact of flooding in high risk areas, within specific flood risk management districts.

The Forestry Strategy will take cognisance of these strategies.

Planning Authority Forestry and Woodland Strategies, 2016

Aims to guide the expansion and management of woodland in the planning authority areas

The Forestry Strategy will provide strategic context for future versions of these strategies.

River Basin Management Plans

Introduce a system to promote sustainable water use in a way which protects and improves the water environment in line with the Water Framework Directive.

The Forestry Strategy will contribute to these plans through the promotion of SFM and the UKFS (includes a guideline on Forests and Historic Environment).

Contact

Email: Bob Frost

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