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Main legislation, regulations, guidelines and codes of practice referred to in the UKWAS
Introduction Sections Availability
INTRODUCTION
The main legislation, guidelines and codes of practice relevant to the UK Woodland Assurance Standard are shown here. These are correct and as complete as possible as at April 2006 but should not be treated as an exhaustive list. It is important at all times to refer to the most recent and/or new documents and relevant websites should be checked frequently. The main documents have been referenced in the text as follows:
MP Management Planning
Examples of a process and structure for developing management planning documentation are made available on the UKWAS website. The examples posted are not definitive and following them provides no guarantee of achieving certification.
BAP Biodiversity Action Plan Refer to the relevant Habitat Action Plans (HAPs) or Species Action Plans (SAPs) of the UK Biodiversity Action Plan. See www.ukbap.org.uk.
FRM Forest Reproductive Material Regulations
These are given in the following publication:
2003: Forestry Commission Information Note 53: Recent Changes to the Control of Forest Reproductive Material
It is available from the Forestry Commission, and details of the arrangements in Northern Ireland may be obtained from the Forest Service.
Main Reference Document
Refer to the relevant documents in this Appendix. The key main documents are listed below and the other main documents under the eight section headings of the standard.
KEY LEGISLATION
1967: Forestry Act 1967 (as amended)
1967: Plant Health Act 1967
1982: Forestry Commission Bye-laws
1953: Forestry Act (Northern Ireland) 1953
KEY FORESTRY COMMISSION PUBLICATIONS
2004: The UK Forestry Standard The Government’s Approach to Sustainable Forestry (Second Edition)
2003: Forests and Water Guidelines
1998: Forests and Soil Conservation Guidelines
1995: Forests and Archaeology Guidelines
1994: Forest Landscape Design Guidelines
1992: Lowland Landscape Design Guidelines
1992: Forest Recreation Guidelines
1990: Forest Nature Conservation Guidelines
Note: The Guidelines series is being revised from 2006 and any changes will be advised on www.forestry.gov.uk/publications.
Information on forestry grant schemes and regulations applicable to England, Scotland and Wales may be obtained from the Forestry Commission, and to Northern Ireland from the Forest Service. Guidance on environmental regulations is provided for small businesses at www.netregs.gov.uk.
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Introduction Sections Availability
SECTIONS
3. WOODLAND DESIGN: CREATION, FELLING & REPLANTING
3.1 Assessment of environmental impacts
- Legislation
1999: The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
1999: The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999
2000: The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000
- Forestry Commission website downloads
2004: Environmental Impact Assessment of Forestry Projects
2001: Undertaking an Environmental Assessment in Forestry and Preparing an Environmental Statement
3.2 Location and design
- Forestry Commission Guidelines
1991: Community Woodland Design Guidelines
- Forestry Commission Guideline Notes
2000: No. 1, Forests and Peatland Habitats
- Forestry Commission Practice Guide
1998: No. 12, Forest Design Planning A Guide to Good Practice
- Northern Ireland Department of Agriculture and Rural Development (DARD)
1993: The DARD Statement on Environmental Policy
3.3 Species selection
- Forestry Commission Bulletins
2001: No. 124, An Ecological Site Classification for Forestry in Great Britain
2002: No. 125, Climate Change Impacts on UK Forests
- Forestry Commission Practice Guide
2004: Creating New Broadleaved Woodlands by Direct Seeding
- Forestry Commission Practice Note
1999: No. 8, Using Local Stock for Planting Native Trees and Shrubs
3.4 Silvicultural systems
- Forestry Commission Information Notes
2004: No. 40, Transforming Even-aged Conifer Stands to Continuous Cover Management
2002: No. 45, Monitoring the Transformation of Even-aged Stands to Continuous Cover Management
1999: No. 29, What is Continuous Cover Forestry?
4. OPERATIONS
4.2 Harvesting operations
- Forestry Commission Guidelines
2003: Forests and Water Guidelines 1998: Forests and Soil Conservation Guidelines 1995: Forests and Archaeology Guidelines 1990: Forest Nature Conservation Guidelines
- Forestry Commission Practice Guides
1995: No. 9, Forest Operations and Badger Setts
1997: No. 11, Whole-Tree Harvesting A Guide to Good Practice
- Forestry Commission Information Notes
2004: No. 40, Transforming Even-aged Conifer Stands to Continuous Cover Management 2002: No. 45, Monitoring the Transformation of Even-aged Stands to Continuous Cover Management. 1999: No. 29, What is Continuous Cover Forestry? - Forestry Commission Technical Notes
2002: No. 2, Planning Controlled Burning Operations in Forestry
2000: No. 3, Forest and Moorland Fire Suppression
2000: No. 4, Burning Forest Residues
- Roundwood Haulage Working Party
2003: Road Haulage of Round Timber Code of Practice. 3rd Edition
- Northern Ireland Department of Agriculture and Rural Development (DARD)
1999: Northern Ireland Forest Service, Environmental Guidelines for Timber Harvesting
1993: The DARD Statement on Environmental Policy
4.3 Forest roads
- Forestry Commission Guidelines
2003: Forests and Water Guidelines
1998: Forests and Soil Conservation Guidelines 1995: Forests and Archaeology Guidelines
1994: Forest Landscape Design Guidelines
1992: Lowland Landscape Design Guidelines
1992: Forest Recreation Guidelines
1990: Forest Nature Conservation Guidelines
- Roundwood Haulage Working Party
2003: Road Haulage of Round Timber Code of Practice. 3rd Edition
5. PROTECTION AND MAINTENANCE
5.1 Planning
- Forestry Commission Practice Notes
1999: No. 6, Managing Deer in the Countryside
1998: No. 1, Nearest Neighbour Method for Quantifying Wildlife Damage to Woodland
1998: No. 2, The Prevention of Rabbit Damage to Trees in Woodland
1998: No. 3, Prevention of Mammal Damage to Trees in Woodland
- Forestry Commission Information Notes
2000: No. 35, Natural Regeneration in Broadleaved Woodlands: Deer Browsing and the Establishment of Advance Regeneration
2000: No. 36, The Impact of Deer on Woodland Biodiversity
- Forestry Commission Guidance Note
2001: No. 11, Deer and Fencing
- Forestry Commission Technical Guide
2006: Forest Fencing
- The Deer Initiative
2004: A Guide to Writing Deer Management Plans 2004: Deer Management Plan Template - Deer Commission for Scotland
2003: Best Practice Guidance 3.2.1 Deer Management Plan 1999: Collaborative Deer Management, Guidelines for a Deer Management Plan
5.2 Pesticides, biological control agents and fertilizers
- Legislation
1986: Control of Pesticides Regulations 1986 (COPR), as amended by the Control of Pesticides (amended) Regulations 1997 (COP(A)R)
1987: Control of Pesticides Regulations (Northern Ireland) (COPR NI) 1987
1985: Food and Environment Protection Act 1985 (Part III) 2002: Control of Substances Hazardous to Health (COSHH) 2002: Waste Management (Duty of Care) Regulations 2002 1996: Waste Management Regulations 1996 1994: Waste Management Licensing Regulations 1994 (plus various amendments) 1990: Environment Protection Act 1990 - Forestry Commission Guidelines
2003: Forests and Water Guidelines 1998: Forests and Soil Conservation Guidelines - Forestry Commission Bulletin
1995: Forest Fertilisation in Britain
- Forestry Commission Field Book
1995: No. 8, The Use of Herbicides in the Forest 1996: No. 14, Herbicides for Farm Woodlands and Short Rotation Coppice
- Forestry Commission Practice Guide
2004: No. 15, Reducing Pesticide Use in Forestry
- Forestry Commission Practice Notes
2003: No. 4, Controlling Grey Squirrel Damage to Woodlands 1988: No. 2, The Prevention of Rabbit Damage to Trees in Woodland 1988: No. 3, The Prevention of Mammal Damage to Trees in Woodland
- British Crop Protection Council
1999: The British Crop Protection Council (BCPC) Guide - British Crop Protection Council and CAB International
2006: The UK Pesticide Guide 2006 - Forest Stewardship Council
2002: Chemical Pesticides in Certified Forests Interpretation of the FSC Principles and Criteria. FSC-POL-30-601
2005: List of Highly Hazardous Pesticides
- Pesticides Safety Directorate
2005: Code of Practice for the Safe Use of Plant Protection Products Local Environmental Risk Assessment for Pesticides
- Soil Association Technical Guides
2002: Organic Weed and Scrub Control on Nature Conservation Sites
2003: Woodland Management on Organic Farms
5.4 Fencing
- Deer Commission for Scotland
2003: Best Practice Guidance 3.2.1 Deer Management Plan - Forestry Commission Technical Guide
2006: Forest Fencing
5.5 Pollution
- Legislation
2002: Waste Management (Duty of Care) Regulations 2002 1996: Waste Management Regulations 1996
1994: Waste Management Licensing Regulations 1994 (and amendments) - Forestry Commission Field Book
1995: No. 8, The Use of Herbicides in the Forest - Forestry Commission Forest Research Technical Development Report
1993: No. 7/93, Oil and Chemical Spillages
6. CONSERVATION AND ENHANCEMENT OF BIODIVERSITY
- Legislation
2000: Countryside & Rights of Way Act 2000
2004: Nature Conservation (Scotland) Act 2004
1981: Wildlife and Countryside Act 1981 (as amended)
1985: The Wildlife (Northern Ireland) Order 1985 (as amended)
2002: The Environment (Northern Ireland) Order 2002
1995: The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended)
1994: The Conservation (Natural Habitats, etc.) Regulations 1994
6.1 Protection of rare species and habitats
- Forestry Commission Practice Guide
2000: No. 1, Forests and Peatland Habitats
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6.2 Maintenance of biodiversity and ecological functions
- English Nature Research Reports
2001: No. 384, Natural Reserves in English Woodlands
2001: No. 385, A Provisional Minimum Intervention Woodland Reserve Series for England with Proposals for Baseline Recording and Long-term Monitoring Therein
- Forestry Commission Forest Enterprise Report
2002: Life in the Deadwood A guide to Managing Deadwood in Forestry Commission Forests
- Quarterly Journal of Forestry
2002: There’s Life in that Deadwood by Kirby K, Currie F and Butler J. Q Jnl For Vol 96 No 2
- European Forestry Institute Proceedings
2004: Deadwood as an Indicator of Biodiversity in European Forests: From Theory to Operational Guidance by Humphrey J W, Sippola A-L, Lemperiere G, Dodeline B, Alexander KNA and Butler J
6.3 Conservation of semi-natural woodlands and plantations on ancient woodland sites
- Legislation
Forest Reproductive Materials Regulations (2002)
Forest Reproductive Materials Regulations (Northern Ireland) (2002)
- English Nature Report
2000: Veteran Trees A Guide to Good Management by Read H - Forestry Commission Guidelines
1995: Forests and Archaeology Guidelines - Forestry Commission Practice Guides
2003: The Management of Semi-Natural Woodlands:
No. 1: Lowland Acid Beech and Oak Woods
No. 2: Lowland Beech-Ash Woods
No. 3: Lowland Mixed Broadleaved Woods
No. 4: Upland Mixed Ash Woods
No. 5: Upland Oakwoods
No. 6: Upland Birchwoods
No. 7: Native Pinewoods
No. 8: Wet Woodlands
No. 14: Restoration of Native Woodland on Ancient Woodland Sites Woodland Sites - Forestry Commission Practice Note
1999: No. 8, Using Local Stock for Planting Native Trees and Shrubs
- Forestry Commission Information Note
2003: No. 53, Recent Changes to the Control of Forest Reproductive Material
- The Woodland Trust Report
2005: The Conservation and Restoration of Plantations on Ancient Woodland Sites
6.4 Game management
- Legislation
1981: Wildlife and Countryside Act 1981 (and Amendments)
2004: Nature Conservation (Scotland) Act 2004 - Forestry Commission Practice Note
2004: No. 4, Controlling Grey Squirrel Damage to Woodlands 1998: No. 3, Prevention of Mammal Damage to Trees in Woodland
- Fishing, Hunting, Game and Shooting Codes of Practice
A Code of Good Hunting, on behalf of the Masters of Foxhounds Association (www.mfha.co.uk), Association of Masters of Harriers and Beagles (www.amhb.org.uk) and the Masters of Deer Hounds Association 2003: Code of Good Shooting Practice, British Association for Shooting and Conservation (www.basc.org.uk) and the Game Conservancy Trust (www.gct.org.uk) 1994: Fox Snaring A Code of Practice, British Association for Shooting and Conservation 2000, amended 2005: Code of Good Rearing Practice, Game Farmers’ Association
2003: Woodland Conservation and Pheasants, Game Conservancy Trust
Capercaillie BAP Group: Avoiding accidental snaring of Capercaillie. BASC and GCT approved
(www.capercaillie-life.info)
Code of Welfare and Husbandry of Birds of Prey and Owls, Countryside Alliance Falconry Committee in association with the Hawk Board
(www.countryside-alliance.com)
Association of Stillwater Game Fishery Managers Code of Conduct
(www.troutfisheries.co.uk)
7. THE COMMUNITY
7.2 Woodland access and recreation
- Legislation
2003: Land Reform (Scotland) Act 2003 2000: Countryside & Rights of Way Act 2000 England & Wales - English Nature
1998: Wild Mushroom Pickers’ Code of Practice - Forestry Commission Practice Guide
1996: No. 10: Involving Communities in Forestry
7.4 Minimising adverse impacts
- Forestry Commission Guidelines
1995: Forests and Archaeology Guidelines - Forestry Commission Practice Guide
2000: No. 13: Hazards From Trees: A General Guide - Health and Safety Executive
Managing Health and Safety in Forestry see 8.1 below - Roundwood Haulage Working Party
2003: Road Haulage of Round Timber Code of Practice. 3rd Edition. - Timber Transport Forum
Agreed Routes Maps for Timber Transport. See www.confor.org.uk
8. FORESTRY WORKFORCE
8.1 Health and safety
- Legislation
1974: Health and Safety at Work etc Act 1974 (and Amendments)
- Health and Safety Executive (HSE)
General publications, refer to
www.hse.gov.uk/pubns
Forestry publications, refer to www.hse.gov.uk/
pubns/forindex.htm
- HSE Leaflets Forestry
Chainsaws at Work
Farm and Estate Forestry Operations
Managing Health and Safety in Forestry
Tree Work Accidents: An Analysis of Fatal and Serious Injuries
- Establishment
102 Pre-planting Spraying of Container-Grown Seedlings
103 Planting
104 Fencing
105 Hand-held Power Posthole Borer
- Maintenance
201 Hand Tool Weeding, Brashing and Pruning
202 Application of Pesticides by Hand-held Equipment
203 Clearing Saw
- Chainsaws
301 Using Petrol-driven Chainsaws
302 Basic Chainsaw Felling and Manual Takedown
303 Chainsaw Snedding
304 Chainsaw Cross-cutting and Manual Stacking
306 Chainsaw Clearance of Windblow
307 Chainsaw Felling of Large Trees
308 Top-handled Chainsaws
310 Use Of Winches in Directional Felling and Takedown
- Work Off Ground
401 Tree-climbing Operations
402 Aerial Tree Rescue
403 Mobile Elevating Work Platforms (MEWPS) For Tree Work
- Extraction
501 Tractors Units in Tree Work
502 Extraction by Skidder
503 Extraction by Forwarder
504 Extraction by Cable Crane
506 Extraction by Horse
- Processing
601 Mobile Circular Saw Bench
602 Mobile Peeling Machine
603 Mechanical Harvesting
604 Wood Chippers
605 Mechanical Roadside Processing
606 Mobile Stump Grinders
- Vehicles
701 ATV Quad Bikes
702 All-Terrain Vehicles
- General Safety (800 Series)
802 Emergency Planning
804 Electricity at Work: Forestry and Arboriculture
805 Training and Certification
8.3 Workers’ rights
The ILO Conventions represent the consensus by representatives of 170 member countries of the International Labour Organisation (ILO) and all have been adopted and/or endorsed by the International Labour Conference or the Governing Body of ILO. They include Conventions and Recommendations which are formal legal instruments.
- ILO Conventions
1930: 29: Forced Labour Convention
1948: 87: Freedom of Association and Protection of the Right to Organise Conventions
1949: 97: Migration for Employment (Revised) Convention
98: Right to Organise and Collective Bargaining Convention
1951: 100: Equal Remuneration Convention
1957: 105: Abolition of Forced Labour Convention
1958: 111: Discrimination (Occupation and Employment) Convention
1970: 131: Minimum Wage Fixing Convention
1973: 138: Minimum Age Convention
1975: 141: Rural Workers’ Organizations Convention
1975: 142: Human Resources Development Convention
1975: 143: Migrant Workers (Supplementary Provisions) Convention
1981: 155: Occupational Safety and Health Convention
1989: 169: Indigenous and Tribal Peoples Convention
1998: 182: Worst Forms of Child Labour Convention
1998: ILO Code of Practice on Safety and Health in Forestry Work
1970: Recommendation 135: Minimum Wage Fixing Recommendation
Refer also to www.ilo.org/public/english/region/eurpro/london/country/
Note:
Convention numbers 29, 87, 98, 100, 105, 111, 138 and 182 are Core Standards covered by the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its follow up. ILO member states are expected to promote and realise these principles, even if they have not ratified the Conventions. The ILO Code of Practice is not a legal instrument, but it provides authoritative guidance on forest work. The UK Government has ratified the 8 Core Standards and also the following ILO Conventions: 97, 141 and 142.
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