Detailed guide: Tree health legislation

Relevant plant health forestry legislation is listed below. In many cases, the initial legislation is subsequently updated by amending statutory instruments, which should be consulted as well.

Plant Health (Forestry) Order 2005

Includes
Unofficial Consolidation January 2018
(PDF, 683KB, 87 pages)

, incorporating amendments:

This order:

  • prohibits the landing of specified tree pests, trees and ‘relevant material’ (defined as wood and bark, soil, growing medium or used forestry machinery)
  • lays down the conditions under which other relevant material may be permitted entry
  • sets out the protected zones for various pests, and prescribes the conditions for entry into and movement within the zones for relevant material
  • prohibits the keeping, storage, sale or release of tree pests
  • sets conditions for sending relevant material to other Member States
  • sets rules for registration of importers, forestry traders and producers
  • sets rules for the issue of plant passports to accompany certain relevant material circulated in trade
  • sets out the powers of inspectors to enter premises (other than private dwellings) and to undertake examinations etc, or order remedial action to be taken
  • prescribes offences and penalties for failing to comply with the order

The order is the principal instrument in Great Britain implementing the plant health requirements in the European Union in respect of forestry material, as set out in Council Directive 2000/29/EC.

The Plant Health (Forestry) (Wood Packaging Material Marking) Order 2006

This order formalises the procedures for becoming accredited within the programme in Great Britain. It makes it an offence for any person to apply a mark to wood packaging material without the authority of the Forestry Commission. It also gives inspectors powers to enter premises (other than private dwelling houses) without a warrant where they believe wood packaging material is being fraudulently marked, or is being stored, to:

  • seize marking equipment
  • require any marks found on wood packaging material present there to be obliterated or removed

The order also prescribes the fees payable on application for a certificate and for renewal of certificates, which will no longer be subject to VAT.

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004

This makes provision for the issue of phytosanitary certificates and re-forwarding phytosanitary certificates for export of relevant material (any tree, wood, isolated bark, soil or growing medium, non-manufactured wood or used forestry machinery) to third countries to satisfy the requirements of those countries’ phytosanitary regulations.

The Dutch Elm Disease (Local Authorities) Order 1984

Subsequent amendments include SI 1988 No. 604.

This order sets out the powers available to certain local authorities, as listed in the schedule to the order, to take steps to prevent the spread of Dutch elm disease. Each local authority may exercise the powers only in respect of their own area. Officers (appointed by the local authority) who suspect the presence on any premises of elm trees infected by this disease may, on production of their authority (if so required), enter on any land to inspect trees and to take samples. Where the disease is present the officer may either take action himself, or he may require the owner or occupier to do so, to prevent the spread of the disease by destroying the tree, usually by burning on site. Exceptionally, the officer may authorise the removal of the tree to another place for destruction. The order also prescribes offences and penalties for failing to comply with a notice served.

Plant Health Act 1967

The primary legislation governing plant health in Great Britain is the Plant Health Act 1967 (c.8). This prescribes the Forestry Commissioners as the “competent authority in Great Britain as regards the protection of forest trees and timber”.

The Act empowers the Forestry Commissioners to:

  • make orders to prevent the introduction and spread of forestry pests and diseases
  • require local authorities to undertake certain work to prevent the spread of specified pests or diseases

It also makes provision for the creation of offences and imposition of fees for certain work.

The Forestry Commissioners are also designated under section 2(2) of the European Communities Act 1972 (c.68) in relation to measures relating to the Common Agricultural Policy of the European Union in respect of forestry.

European Plant Health Review

The European Union plant health regime was set up to protect the union from harm caused by the introduction and spread of pests and diseases affecting plants, including trees. Although this has largely worked well over the years, a full evaluation was conducted to ensure that it continues to be able to meet its objectives. The evaluation set out a number of options to improve the regime, concluding that the best way forward was to:

  • simplify the legislation converting it from a directive to a regulation
  • increase prevention by introducing a new category of high-risk plant materials that will require completion of a risk analysis before entry, and by the removal of passenger luggage exemptions for such material
  • implement further obligations for surveillance and contingency planning to be introduced

It’s expected that these changes will take several years. Read about current progress.




Guidance: Tree health news

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Notice: CO9 3AG, Mr D, Mr A and Mr J Newton and Mrs E, Mrs G, Mrs N and Mrs L Newton, trading as GB Newton and Sons: environmental permit issued

The Environment Agency publish permits that they issue under the Industrial Emissions Directive (IED).

This decision includes the permit and decision document for:

  • Operator name: Mr D, Mr A and Mr J Newton and Mrs E, Mrs G, Mrs N and Mrs L Newton, trading as GB Newton and Sons
  • Installation name: Little Lodge Farm
  • Permit number: EPR/WP3134JB/A001



Detailed guide: Access Forestry Commission datasets

You can access Forestry Commission datasets through the Forestry Commission Open Data website, data.gov.uk website and Forest Research website.

Spatial datasets for use in a Geographical Information System (GIS)

You can download a wide range of Forestry Commission spatial datasets for use in a GIS. Map layers available for either England, Scotland, Wales, or all of Great Britain include:

  • The National Forest Inventory woodland map
  • Forestry Commission England woodland creation headline performance indicator
  • woodland grants
  • felling licences
  • surveys of tree pests and diseases
  • National Forest Estate boundaries, recreation features and roads
  • National Forest Estate sub-compartments showing tree species and habitats

To access these datasets, visit the Forestry Commission Open Data website.

Open Datasets

You can download further Open Datasets from the Forestry Commission from the data.gov.uk website, including:

  • Forestry Commission England managed woodland headline performance indicator
  • meteorological data from woodland sites

To access these datasets, visit the Forestry Commission webpages on data.gov.uk.

Forest Research statistics

You can download spreadsheets of statistics on a wide range of forestry topics from the statistics pages of the Forest Research website.

Spreadsheets include statistics for England, Scotland, Wales, Great Britain, or all of the UK, and include tables from the Forestry Statistics publications covering, for example:

  • woodland area and planting
  • timber
  • trade
  • UK forests and climate change
  • environment
  • recreation
  • employment and businesses
  • finance and prices
  • international forestry

To access these datasets, visit the statistics data download webpage on the Forest Research website.




Press release: Working with nature to reduce flood risk in Norfolk

Work is under way on the first of five natural flood management schemes along rivers in Norfolk to help manage flood risk to local properties and improve habitats.

Natural flood management helps store flood water upstream and slows the flow of water along river channels, complementing the use of more traditional hard engineering downstream such as flood walls and embankments. Techniques such as tree-planting, restoring peatland, building leaky dams and reconnecting rivers to natural flood plains can all be used to reduce flood risk naturally.

The first two schemes under construction in Norfolk are on Camping Beck in the Bure Catchment at Buxton, and the River Yare at Marlingford.

The Buxton project is being carried out through a partnership between the Norfolk Rivers Internal Drainage Board, the Broadland Catchment Partnership and the Environment Agency. Works here involve storing flood flows upstream of Buxton village in an area that will enhance the environment through providing habitat, whilst helping to reduce flood risk downstream.

The Marlingford scheme is being carried out by a partnership involving Natural England, the Broadland Catchment Partnership and Environment Agency. A series of ‘flow deflectors’ and lengths of woody debris will be constructed in the channel of the River Yare to redirect flood water on to the flood plain, so it is stored upstream for longer and reduces the risk to communities downstream.

Sections of the riverbank will also be lowered at strategic locations for the same reason, and ‘scrapes’ will be dug in to the floodplain to increase water storage capacity. This will have the added benefit of providing habitat for wading birds such as lapwing, teal and snipe, plus invertebrates and other wildlife.

Similar techniques will be used at Ingworth on the River Bure, and Weybourne on the Spring Beck, with work due to begin soon.

A fifth scheme will be constructed at Worthing on the River Blackwater in partnership with the Norfolk Rivers Trust, with work taking place late Autumn.

The work is being carried out as part of a £15million Natural Flood Management programme, which was announced by Defra in 2017.

The Environment Agency’s Peta Denham, Area Flood Risk Manager for Essex, Norfolk and Suffolk, said:

I’ve always had an interest in how we can work more with nature to reduce flood risk, so I’m really pleased to get the opportunity to work on these natural flood management schemes in Norfolk.

We’ll help manage flood risk to communities at the same time as improving habitats – so it’s a win-win situation. I’m really looking forward to working with partners and our Regional Flood & Coastal Committee on these exciting projects on the ground, which will leave a real legacy of multiple benefits for future generations.

Environment minister Thérèse Coffey said:

The start of work on the new natural flood management (NFM) schemes is excellent news for Norfolk. The county is just one of the areas across England benefitting from our £15m investment in NFM and in the record £2.6billion we are investing overall to better protect against flooding.

Once finished, the Norfolk schemes will provide additional support in reducing the flood risks to local land, homes and businesses. On top of this, they will also enhance and restore some of the county’s wildlife habitats and improve water quality in its rivers.

This is a great example of how the Environment Agency is working with partners to protect Norfolk’s communities from the damage caused by flooding.

Emily Swan, Natural England lead adviser in farming and conservation, said:

The scheme at Marlingford is an exciting opportunity for us all to work together to create a resilient landscape along the Yare river valley.

Local communities and wildlife will benefit from a package of measures put together which are aimed at reducing flood risk, improving the water quality of the river and enhancing and preserving a mosaic of important habitats for fish, wintering birds and wildflower rich floodplain meadows in the valley.

Neil Punchard, Broadland Catchment Partnership officer, said:

This partnership helps co-ordinate farmers and organisations in working together. This can cost-effectively provide multiple benefits including wetland wildlife habitat, improved water quality, and reduced flood risk for local communities

Matthew Philpot, Project Engineer for Broads & Norfolk Rivers IDB said:

The joint working on natural flood management projects has delivered important, tangible benefits for many local communities across our county.

The integration of staff, resource and ideas has opened up a number of projects, which have given significant efficiencies along with multiple benefits to wildlife, people and property.

Working with nature and thinking in new, progressive ways about drainage opportunities has been highly beneficial and will continue to provide positive outcomes for many years to come.

Notes to Editors:

  • Natural flood management is an important part of the Environment Agency’s strategy in protecting communities from flood and coastal erosion risk.
  • It can be a cost-effective and sustainable way to manage flood risk and coastal erosion alongside traditional engineering, while creating habitat for wildlife and helping regenerate rural and urban areas through tourism.
  • Many flood and coastal schemes feature a mixture of hard and soft engineering and natural flood management.

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