Forestry consultation confirms that Forest of Dean is not for sale

The public consultation on the future of the Public Forest Estate in England, published today by the Secretary of State for Environment, Food & Rural Affairs, Caroline Spelman MP, confirms that the Forest of Dean is not for sale to private or commercial owners.

All that is being consulted on is a proposal to transfer the ownership or management of heritage forests like the Forest of Dean to a charity or charities, via a trust arrangement or lease.  The transfer would be at no cost to the new owner.

Commenting on the publication of the consultation document, Mark Harper, MP for the Forest of Dean, said:

“I have been consistently telling my constituents that the Government had no plans to sell the Forest of Dean to private or commercial owners and that all that was being considered was a proposal to transfer the ownership or management of the Forest to a charitable trust in order to involve local people more closely in its care.  I am delighted that the Government has confirmed this to be the case in the consultation document published today.

I would urge my constituents to read the consultation document and then respond with their views so that they can be taken into account by Ministers.” 

The Secretary of State, in her written statement to Parliament, also confirmed that the Government “will ensure that the powers in the Public Bodies Bill reflect our policy objectives, so that the powers and duties within it are strengthened to safeguard the natural and social capital our forests provide now and for future generations.  This would apply to the powers of sale, lease and management of the public forest estate. The consultation proposes that conditions will be attached to leases so that access and other public benefits are protected.”

She also confirmed that the Government will amend the Public Bodies Bill so that the Forest of Dean could only be transferred to a charitable organisation or remain in public ownership, in line with the policy as set out in the consultation.

Commenting on this commitment, Mark Harper MP said:

“Many of my constituents want to ensure that the protection provided by the existing exemption for the Forest of Dean in the Forestry Act 1967, as amended, continues.  I am very pleased that the Secretary of State has confirmed that the Government will amend the Public Bodies Bill so that the Forest of Dean could only be transferred to a charitable organisation or remain in public ownership, in line with the policy as set out in the consultation.”

Notes to editors

Proposed approach 

Ownership of these special forests by a charity would mean that they would continue to be managed in the national interest, while providing a route for stakeholders to have a far more significant role in their care and protection.  New or existing charities could take on the management.  A charity could take on the management of some or all of the relevant forests.  Careful consideration would need to be given to the governance of a recipient charity to make sure they were clearly accountable for the management and care of the forest.

The forest land would be passed to the charity in the form of either a trust or a lease.  Using a trust arrangement would mean that the charity would become its ‘trustee’, restricted by a range of obligations which would be imposed when setting up the trust.  This would fall under the supervision of the Charity Commission.  Land could be passed either freehold or leasehold through a trust arrangement.  Using a leasehold arrangement would mean that the charity would become the leaseholder and the Government would maintain a more significant role in the management of the lease.  Restrictions could be placed on the lease to protect public benefits.

These are the high-level principles which would guide the design of this approach.

A recipient charity would be expected to manage the forests to maintain and enhance a variety of public benefits, as set out in the charity’s objectives.

The charity would have to comply with rules relating, for example, to its governance arrangements which would need to make sure stakeholders are represented.

The charity would meet existing legal commitments, for example tenancies and timber supply contracts, and partnership agreements.

Subject to securing any necessary State Aid clearance, the forest would be transferred to the charity at no charge for the new owner.

The charity is likely to continue to require continuing funding from Government in return for the public benefits.  The charity could apply for forestry grants.

The charity would be expected to become less reliant on Government grants over time, and in some cases move towards financial self-reliance.  The charity could pursue income generating activities in the forest, consistent with the delivery of public benefits.

The consultation will run from Thursday 27th January 2011 to 5pm Thursday 21st April 2011.

How to respond online: www.forestry.gov.uk/england-pfeconsultation