Written Question · S1W-14478 · Session 1
Whether the Forestry Commission has reviewed all existing consents, permissions or other authorisations with the potential to affect caperc…
The question
To ask the Scottish Executive whether the Forestry Commission has reviewed all existing consents, permissions or other authorisations with the potential to affect capercaillie in Natura 2000 sites under Regulation 50 of the Conservation (Natural Habitats &c) Regulations 1994 and, if not, what powers the Forestry Commission and Scottish Natural Heritage have to prevent action being taken on the basis of existing consents, permissions or other authorisations before they have been subject to such a review.
The answer
The Forestry Commission is currently identifying all the existing Woodland Grant Schemes (WGS) and felling approvals granted during the last five years likely to have a significant effect on Natura 2000 sites. Where the proposed work might adversely affect capercaillie in a Natura 2000 site, the Commission will discuss the proposals with the owners or managers of the land with a view to making specific arrangements for protecting capercaillie.Under the Conservation (Natural Habitats, &c.) Regulations 1994 the Forestry Commission is required to have regard to the requirements of the Habitats Directive. In addition, all woodland owners are required to comply with the UK Forestry Standard which states that, when carrying out any forestry operations, owners must make specific arrangements for the protection of protected habitats and protected species of wildlife. Under the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999 forestry projects, such as afforestation and deforestation, which are likely to have significant effects on the environment can only proceed with the consent of the Forestry Commission. An environmental impact assessment of these projects is required.Consideration of existing WGS and felling approvals is the responsibility of the Forestry Commission as the competent authority and Scottish Natural Heritage have no powers in this respect. The Forestry Commission has no specific statutory powers to modify or revoke existing felling approvals. Nevertheless, if conditions specified in felling licences are not complied with in individual cases, the licence can be withdrawn.
In the Official Report
No contribution in the Official Report cites S1W-14478 by reference.