The Act
3.The Act confers on the Scottish Ministers forestry and land management functions. It removes functions from the Forestry Commissioners in so far as they relate to Scotland, in preparation for integration of forestry policy, support, development and regulation into the Scottish Government.
4.Specifically, the Act:
	Confers on the Scottish Ministers forestry functions, including a duty to promote sustainable forest management (SFM), and a duty to prepare, publish and have regard to a forestry strategy. A duty to promote SFM in exercising any of their functions is conferred on Scottish public authorities.
	Transfers to the Scottish Ministers from Forestry Commissioners tree health and silvicultural material testing functions, in so far as they apply to Scotland.
	Confers on the Scottish Ministers functions in relation to management of land, including forested land; enables the Scottish Ministers to enter into arrangements with other persons to manage those persons’ land on their behalf, and/or provide advice and assistance on management of land; and provides powers for the Scottish Ministers to acquire and dispose of land, including land that is part of the National Forest Estate.
	Introduces a regulatory regime for felling trees and restocking, which replaces the regime provided for by the Forestry Act 1967. Unless an exemption applies, or the Scottish Ministers require felling to be carried out via a direction or a notice, felling must be carried out in accordance with permission granted by the Scottish Ministers.
	Provides powers for the Scottish Ministers to support compliance with the regulatory regime for felling and restocking including powers of entry, a step-in power (which allows the Scottish Ministers to rectify a failure to comply with the regulatory regime where they have given a person notice to rectify the failing and the person has not done so) and an ability to recover expenses associated with use of the step-in power.
	Provides general powers for the Scottish Ministers to use in carrying out their functions under the Act, including the ability to conduct research and inquiries, provide education and training and collect and publish data and statistics relating to their forestry and land management functions; to provide financial assistance; to establish corporate bodies; and to impose charges for the purposes of carrying out functions under the Act. In addition there is a duty to appoint a chief forester for the purposes of advising and assisting the Scottish Ministers in the carrying out of their functions under the Act.
	Sets out requirements for the Scottish Ministers in making administrative arrangements for carrying out forestry and land management functions under the Act. These include a requirement to establish a single agency or two agencies; to report to Parliament before 1 April 2019 on the administrative arrangements they intend to make; and to report to Parliament on the operation of the administrative arrangements.
The Act is part of a larger programme of work to complete devolution of forestry that includes establishing new cross-border arrangements with the UK and Welsh Governments as well as the Forestry Commissioners and Natural Resources Wales for the exercise of forestry functions currently delivered on a GB basis; and the creation – by administrative means – of new organisational structures for forestry and land management in Scotland.