Key management responsibilities

As an owner or manager on woodland in Scotland, you must be aware of the:

• legal requirements that you must adhere to
   
• standards of sustainable forest management

Consider each of these criteria carefully.

The Forestry and Land Management(Scotland) Act 2018 is the core piece of legislation for enabling the management of forestry.

It and other regulations set out the requirements around:

• gaining permissions for felling
• the need for restocking

Forest and Land Management Act

You may also need to consider the Forestry (Environmental Impact Assessment) (Scotland) 2017 Regulations.

The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (legislation.gov.uk)

You need to assess and mitigate any negative environmental impacts, such as:

• soil erosion

  Managing soil

• water pollution

  Managing water

You must ensure all management activities align with the UKFS. This sets out legal requirements and best practices for sustainable forest management.

The UK Forestry Standard (5th edition)

There are laws regarding the protection of existing habitats and species. 

You need to ensure measures to enhance biodiversity, such as maintaining a mix of tree species and age classes.

How we support biodiversity

Key legislation affecting biodiversity and habitat protection

Conservation (Natural Habitats, &c.) Regulations 1994 (Habitats Regulations) (legislation.gov.uk)

These regulations implement the EU Habitats Directive (92/43/EEC) and Birds Directive (2009/147/EC) in Scotland.

They protect European sites such as: 

• Special Areas of Conservation (SACs) – for habitats and non-bird species.
• Special Protection Areas (SPAs) – for bird species.

The regulations require Habitats Regulations Appraisal (HRA) for any plan or project that might affect these sites 

Nature Conservation (Scotland) Act 2004 (legislation.gov.uk) 

This Act:

• places a duty on public bodies to further the conservation of biodiversity
• strengthens protection for Sites of Special Scientific Interest (SSSIs)
• requires the Scottish Government to maintain a Scottish Biodiversity Strategy 

Wildlife and Countryside Act 1981 (legislation.gov.uk)

This Act provides protection for species and habitats of national importance.

It includes prohibitions on killing, disturbing, or trading protected species and damaging their habitats.

Natural Environment (Scotland) Bill (2025) (Scottish Parliament website)

This bill:

• introduced binding biodiversity improvement targets
• grants powers to amend the Habitats Regulations and Environmental Impact Assessment (EIA) regime
• updates National Park legislation and strengthens deer management provisions

You must monitor and manage tree health by controlling pests and diseases. 

How tree health is protected in Scotland

Prevent pests and diseases

You need to be aware of the effect that the transportation of timber has on the roads network around your forest. 

You may need to agree a timber transport management plan with the local authority.

Timber transport

The Strategic Timber Transport Scheme

You should engage with local communities and stakeholders to ensure the woodland meets social and recreational needs.

Engage with forestry projects and plans

There are laws in place around allowing public access across land in Scotland. 

You need to be mindful of maintaining access, including during forestry operations. 

There may be a requirement for you to engage with your local authority around access rights.

Maintaining public access

If you are a landowner, you have legal responsibilities towards the health and safety of those accessing and working on your land. 

This is still true when you commission others to undertake work on your behalf.

The Health and Safety Executive  and Forestry Industry Safety Accord can provide further information in regard to your responsibilities.  

Forestry operations (Health and Safety Executive website)

Guidance on Managing Health and Safety in Forestry (Forestry Industry Safety Accord website)

There are legal requirements around what species you can plant in the wild in Scotland. 

You may be required to remove any trees or shrubs that are invasive or non-native.

You should also be aware of the impact that approved species might have on other habitats. 

This is particularly relevant around sites that have specific protections.

Managing non-native species