Forestry Act 1967 consent to renewable electricity development (England) Regulations 2026: a clear gate for UK health and safety law and business regulatory compliance
What has changed
The Forestry Commissioners must obtain the consent of the Secretary of State before they exercise the power in section 3A of the Forestry Act 1967 to enable the construction of renewable electricity development upon forestry land in England. This introduces a formal consent gate for projects on forestry land and marks a shift in how land use for energy development is governed.
Who is affected
The change affects Forestry Commissioners as the granting authority, developers seeking to deploy renewable energy on forestry land, and any contractors and sub‑contractors delivering such projects. It also has implications for landowners, leaseholders and local planning and procurement teams that support forestry based developments.
Why this matters for UK health and safety law and regulatory compliance
Introducing a formal consent step aligns project approvals with broader governance expectations for public land use and safety planning. It may affect project timelines and requirements for safety governance, risk assessment and method statements. Organisations should ensure that consent is secured before starting work, and that the terms of consent are reflected in project documentation and HSE related planning.
Key duties for organisations
- Developers: obtain consent prior to initiating renewable electricity development on forestry land; maintain documentation showing consent; align risk assessments and method statements with consent terms; coordinate with Forestry Commissioners and supply chain partners.
- Forestry Commissioners: secure the Secretary of State’s consent before enabling construction on forestry land.
- Contractors and suppliers: work within the consent framework; integrate safety planning with consent conditions; ensure compliant access and site management.
Steps to achieve compliance
- Review the Regulations and any guidance to understand the consent criteria and process.
- Engage early with Forestry Commissioners to outline project scope and consent requirements.
- Update governance and decision making to include the consent gate in project approvals.
- Update health and safety risk assessments and method statements to reflect consent conditions and land use.
- Review contractor selection and procurement to ensure alignment with consent obligations.
- Integrate the process with your ISO 45001 health and safety management system and ensure competent oversight.
Enforcement and next steps
Regulatory oversight will apply in line with the Forestry Act and subsequent Regulations. Organisations should monitor official guidance and ensure that all energy development activity on forestry land has appropriate consent in place before work commences.
Wrap up
The new consent requirement for renewable electricity development on English forestry land creates a clear governance gate that organisations must navigate. By aligning planning, risk assessment and safety management with the consent process, duty holders can demonstrate regulatory compliance and robust management of health and safety risk. Early engagement, thorough documentation and integration with management systems such as ISO 45001 will support timely and compliant delivery. For practical support, consider working with a competent health and safety partner to review controls and provide risk based guidance, for example through health and safety risk assessments or ISO 45001 occupational health and safety management.
