Glossary entry

Native Trees

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Definitions

Option 1 (as defined in Owen’s Clause)

Native Trees means those species of trees that are native to the United Kingdom since the last ice age and listed as such on the Forestry Commission Website.

Option 2 (non-country specific)

Native Trees means those species of trees which, since the last ice age, have grown in the geographic area now called the [United Kingdom] and which are listed as native on the [Forestry Commission Website].

Option 3 (non-country specific)

Native Trees means trees which are indigenous to [specify region or jurisdiction], naturally occurring, and not having been introduced directly or indirectly through the actions of humans.

Drafting notes

Native trees are beneficial to the survival of other native species (i.e. insects and vertebrates). Providing new native tree habitats and/ or corridors may improve the climate resilience of those species. 

So-called “productive woodlands” that are managed for timber often use non endemic/ non-native species.

Section 14 of the Wildlife and Countryside Act 1981 includes the concept of native range in defining when a new species is introduced in the UK. It also includes a list of non-native species at Schedule 9.

Options 2 and 3 provide alternative definitions for use in agreements in other jurisdictions or regions.

Application

Woodland or forest creation schemes and agreements, agricultural policy greening schemes and supply chain agreements, planning documentation.

Used in Edgar’s Clause [Landscaping clauses for contracts] and Toby’s Clause [Avoidance of excessive paperwork in Dispute Resolution].