The Renewables Obligation (Scotland) Order 2009

[F1 Sustainable source

6.— (1) For the purposes of paragraph 3, woody biomass is obtained from a sustainable source if it—

(a) was grown within an area of forest or other land which is managed—

(i) in a way which is consistent with—

(aa) the Forest Europe Sustainable Forest Management Criteria; or

(bb) a set of international principles for the sustainable management of land which meets the requirements specified in sub-paragraph (2); and

(ii) to meet the requirements specified in sub-paragraph (4);

(c) was residue from arboriculture carried out in an area which was not a forest;

(d) was added to the fuel for an exempt purpose; or

(e) was removed for the purpose of creating, restoring or maintaining the ecosystem of an area which was not a forest.

(2) The requirements specified in this sub-paragraph are that—

(a) the principles have been adopted following a process (“the principle setting process”) which sought to—

(i) obtain a balanced representation of the views of interest groupings;

(ii) ensure that no single interest grouping could dominate the principle setting process; and

(iii) ensure that no decision on the contents of the principles could be made in the absence of agreement from a majority within each interest grouping involved in the principle setting process; and

(b) [F2 the principles] can be changed by a process (“the change process”) which seeks to ensure that—

(i) no single interest grouping can dominate the process; and

(ii) no decision on changes to the principles can be made in the absence of agreement from a majority within each interest grouping involved in the change process.

(3) For the purpose of sub-paragraph (2), each of the following is an interest grouping in relation to the forest or other location where the wood was grown—

(a) persons with interests which are predominately economic in nature;

(b) persons with interests which are predominantly environmental in nature; and

(c) persons with interests which are predominantly social in nature.

(4) The requirements specified in this sub-paragraph are—

(a) harm to ecosystems is minimised, in particular by—

(i) assessing the impacts of the extraction of wood from the area and adopting plans to minimise any negative impacts;

(ii) protecting soil, water and biodiversity;

(iii) controlling the use of chemicals and ensuring that chemicals are used in an appropriate way;

(iv) wherever possible, using integrated pest management; and

(v) disposing of waste in a manner that minimises any negative impacts;

(b) the productivity of the area is maintained, in particular by—

(i) adopting plans to avoid significant negative impacts on productivity;

(ii) adopting procedures for the extraction of wood that minimise the impact on other uses of the area;

(iii) providing for all of the contractors and workers who are working in the area to be adequately trained in relation to the maintenance of productivity; and

(iv) maintaining an adequate inventory of the trees in the area (including data on the growth of the trees and on the extraction of wood) so as to ensure that wood is extracted from the area at a rate which does not exceed its long-term capacity to produce wood;

(c) compliance with the requirements of head (b) is monitored, the results of that monitoring reviewed and planning updated accordingly;

(d) the health and vitality of ecosystems is maintained, in particular by—

(i) adopting plans to maintain or increase the health and vitality of ecosystems;

(ii) adopting plans to deal with natural processes or events such as fires, pests and diseases; and

(iii) taking adequate measures to protect the area from unauthorised activities such as illegal logging, mining and encroachment;

(e) biodiversity is maintained, in particular by—

(i) implementing safeguards to protect rare, threatened and endangered species;

(ii) conserving key ecosystems in their natural state; and

(iii) protecting features and species of outstanding or exceptional value;

(f) those responsible for the management of the area (and any contractors engaged by them) comply with the local and national laws relating to health and safety and the welfare of workers;

(g) those responsible for the management of the area have regard to—

(i) legal, customary and traditional rights of tenure and land use;

(ii) mechanisms for resolving grievances and disputes relating to tenure and land use rights, forest or land management practices and working conditions; and

(iii) safeguarding the health and safety and rights of workers;

(h) there is a regular assessment of the extent to which those responsible for the management of the area have met the requirements set out in heads (a) to (g).

(5) In this paragraph—

“the Forest Europe Sustainable Forest Management Criteria” means the criteria for sustainable forest management in Lisbon Resolution L2 of the third Ministerial Conference on the Protection of Forests in Europe held in June 1998;

“integrated pest management” has the meaning given in Article 3(6) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides; and

“local and national laws” in relation to a site means laws applying in the locality in which the site is situated, whether made at a local or national level.]

Textual Amendments

F1 Sch. A2 substituted (1.12.2015) by The Renewables Obligation (Scotland) Amendment Order 2015 (S.S.I. 2015/384), art. 1(1), sch. 2 (with art. 16)

F2 Words in Sch. A2 para. 6(2)(b) inserted (8.12.2017) by The Renewables Obligation (Scotland) Amendment Order 2017 (S.S.I. 2017/432), arts. 1(1), 11