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Using Forestry to Consolidate Net Zero and Carbon Targets

Date: 12/12/2024 | Environmental, Rural Business

Land remains one of the most highly politicised resources in Scotland. It is a scarce asset, buffeted on many fronts. In the rural economy it is pivotal in the transition to net zero, the protection and promotion of biodiversity, delivering better food security and providing health benefits through leisure activities.

What happens with land in rural areas is often dictated by prevailing government policy. Not all of the Scottish Government’s rural land strategies fit neatly together. Do the Scottish Government’s 2070 forestry aspirations go some way to providing an environment where at least some of these strategies may coalesce? By 2070 it hopes that “Scotland will have more forests and woodlands, sustainably managed and better integrated with other land uses”.

Schemes like the UK Government’s Woodland Carbon Code provide fiscal incentives to long-term afforestation. Yet the Code involves landowners making multi-generational commitments which will long outlive their lifetime.

Alongside government intervention, private sector innovation responds to live customer demand. There are at least as many off-Code equivalents as there are Woodland Carbon Code schemes. These typically involve carbon emitters off-setting emissions by paying landowners to plant and manage woodlands for a far shorter period of time (say 25 years). Sometimes, but far from always, this arises through planning conditions imposed through the regulatory process.

The woodlands created are typically broadleaved native deciduous woodlands like those historically found in Scotland’s temperate rain forests. As well as carbon-offsetting, they bring significant biodiversity gains, protect flora and fauna, and, when planned mindfully, can incorporate public access delivering real health benefits, particularly for mental health.

Crucially, they are financially viable alternatives for landowners which neither create forest monocultures nor commit several generations to an uncertain future. As with all commercial arrangements, legal agreements underpin them. It’s important landowners understand what they are committing to, where risks lie and how to manage those risks both now and in the future. This involves not just land use rights but also navigating environmental legislation and regulatory compliance. At Davidson Chalmers Stewart, we are adept at helping clients understand and navigate what can be complex issues.

This article was originally featured in the Winter 2024 edition of LandBusiness magazine.

Disclaimer 
The matter in this publication is based on our current understanding of the law.  The information provides only an overview of the law in force at the date hereof and has been produced for general information purposes only. Professional advice should always be sought before taking any action in reliance of the information. Accordingly, Davidson Chalmers Stewart LLP does not take any responsibility for losses incurred by any person through acting or failing to act on the basis of anything contained in this publication.

Written by

Andy Drane | Davidson Chalmers Stewart
Andy Drane

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