The Interim Environmental Protection Assessor for Wales (IEPAW) is urging the Welsh Government to strengthen legal protections for trees and woodlands, warning that outdated legislation and weak enforcement are putting some of Wales’ most valuable natural assets at risk.
IEPAW is an independent body that reviews how environmental law works in Wales and advises ministers on how to improve it. Its latest report, The Protection of Trees and Woodlands in Wales, finds that Wales’ tree protection framework – largely reliant on the Town and Country Planning Act 1990 and the Forestry Act 1967 – no longer aligns with the country’s environmental goals. This threatens biodiversity, climate resilience and community wellbeing, it says.
Tree felling and Tree Preservation Orders (TPOs) in Wales are currently governed by legislation that predates devolution and was made for UK-wide application. IEPAW’s report highlights the need for Wales-specific legal frameworks that reflect the country’s environmental priorities and growing climate commitments.
While tree felling is often legal and planned, enforcement is inconsistent, the report suggests. In 2021, 20% of felling sites audited by Natural Resources Wales (NRW) failed to meet licence conditions, yet enforcement powers remain limited.
Despite its rural landscape, Wales is one of the least wooded countries in Europe, with trees covering just 15% of land. Urban canopy cover declined between 2009 and 2013, recovering only slightly by 2019, while ancient woodlands remain vulnerable due to limited statutory safeguards and inconsistent use of TPOs.
Professor Lynda Warren, interim environmental protection assessor for Wales, said:
“Too many of our oldest and most treasured trees are being lost because the current protections either don’t apply or aren’t enforced. Our legal framework needs to reflect the value these trees and woodlands bring to our ecosystems, our communities and our future.”
IEPAW warns that Wales must act now to avoid the kinds of high-profile cases seen elsewhere in the UK. Earlier this year, two men were jailed after illegally cutting down the famous Sycamore Gap tree near Hadrian’s Wall in Northumberland – a landmark loss that sparked national outrage. Without stronger legislation, oversight and enforcement, Wales could face similar flashpoints over tree felling and the loss of cherished local woodlands, the organisation warns.
In response, IEPAW is recommending urgent reforms to close critical gaps in legislation and enforcement.
These include:
- Tougher enforcement for unauthorised felling, with proposed new powers for courts to order replanting and apply penalties where environmental conditions are breached.
- Improved national monitoring of tree loss, using better data and technology to track felling activity across Wales.
- Stronger protection for ancient woodlands, making it harder to approve felling of large, mature trees.
- Specialist support within councils, with every local authority expected to have access to trained tree officers or professionals to advise on protection and management.
- Exploring automatic protection for ancient trees, including whether all trees listed in the Ancient Tree Inventory should be covered by TPOs.
Professor Warren added:
“We need to treat trees as living infrastructure – vital to the health of our ecosystems and our communities. With the right legal framework, Wales can lead the way in protecting trees and woodlands for future generations.”
IEPAW says its recommendations align with the Welsh Government’s existing commitments under the Well-being of Future Generations (Wales) Act 2015, Net Zero Wales and the Nature Recovery Action Plan, and present a timely opportunity to strengthen tree protection through the upcoming Sustainable Farming Scheme in 2026.
