The Natural Environment (Scotland) Bill can deliver important progress for wildlife and biodiversity in Scotland – but Scottish Land & Estates has urged government to work collaboratively with landowners to deliver those improvements.
The rural business organisation has given its initial reaction to the wide-ranging Bill which was published last Thursday. Among the topics covered in the legislation, which will now make its way through Holyrood, are deer management, national parks, the introduction of legally binding targets for nature restoration and mechanisms around legislation dealing with environmental impact assessments and habitats.
While supporting elements of the Bill, SLE is urging the Scottish Government to provide greater clarity on regulatory intervention criteria, ensure proper consultation with stakeholders, and balance conservation efforts with socio-economic considerations. The organisation added it remained committed to working with policymakers to deliver effective and fair environmental legislation that supports Scotland’s wildlife and environment, rural communities and businesses.
Deer management
SLE firmly welcomes the decision to drop the proposed Deer Management Nature Restoration Order (DMNRO) but concern still exists about proposed modifications to existing deer management powers that could allow state intervention where deer are deemed to impact nature restoration activities.
Ross Ewing, Director of Moorland at SLE, said, “While we acknowledge the government’s ambition to enhance nature restoration, the criteria for state intervention must be clear, objective, and measurable. Landowners and managers need to understand when and why regulatory action might be imposed, especially given the potential financial implications. The lack of clarity around how NatureScot will differentiate between herbivore impacts is a pressing concern.
“We are supportive of the creation of a new register for those competent to shoot deer in Scotland, and welcome the intention to create a bespoke register of those authorised to undertake specified activities such as night shooting. That said, we would urge the government to clarify how competence will be assessed – which should take into account experience as well as training – and to confirm that trainee stalkers and sporting guests accompanied by a competent person will be exempt from registration.
“There is an overarching concern that the provisions of the Bill are almost exclusively applicable to upland deer management, where a voluntary, collaborative approach has been delivering progress over the years. The lack of focus on incentive schemes and enabling more effective deer management in the lowlands is a missed opportunity.”
National Parks
SLE said it welcomed the prospect of more clarity around the aims of national parks – but added it would like to see greater emphasis placed on socio-economic development and the creation of local employment opportunities.
Mr Ewing said, “National parks are a feature of a large part of Scotland’s rural landscape, and while we welcome additional clarity on the aims of parks themselves, more emphasis is needed on the socio-economic benefits they can deliver. Creating local jobs and supporting rural communities should be central to national park strategies.
“The Bill also contains an enabling power to introduce a fixed penalty notice regime for the enforcement of National Park byelaws. Whilst we would welcome this principle, any enforcement measures must be applied fairly and consistently, with proper training for those responsible for issuing them.
Biodiversity targets
Nathan Bryceland, Policy Adviser (Biodiversity and Woodlands) at SLE, said, “We are supportive of statutory biodiversity targets in principle – but the real challenge lies in implementation.
“Without robust baseline data, it will be difficult to measure progress effectively. Land managers have invaluable local knowledge and expertise, and given the focus on habitat and threatened species, it is essential that they are actively involved in shaping and delivering these targets to ensure they are realistic and achievable.”
Enabling powers for Scotland’s EIA and habitats regulations
SLE has expressed cautious support for the introduction of enabling powers to amend Environmental Impact Assessment (EIA) legislation and the 1994 Habitats Regulations. However, it has stressed the need for clear, objective, and measurable criteria for state intervention.
Bryceland added, “We acknowledge the need for regulatory adaptability, particularly in response to climate change and shifting ecological patterns. However, it is vital that any modifications to EIA and habitat regulations are undertaken with full stakeholder consultation, parliamentary scrutiny, and clear limitations on Ministerial powers. Ensuring legislative compatibility with both domestic and international frameworks is paramount.
“There are concerns, however, about the potential costs and burdens these enabling powers could place on businesses, the public sector, and voluntary organisations. A risk exists that landowners and land managers could be unfairly penalised for unauthorised activities carried out by third parties on their land and that is something we would want to see safeguards against.”