New laws planned for Scotland seek to establish mechanisms aimed at curbing habitat and biodiversity loss.

The Natural Environment (Scotland) Bill comprises five parts, covering biodiversity targets, environmental impact assessment (EIA) and habitats regulation modification powers, National Parks, deer management, and general provisions. Let’s explore the second and third parts, looking at targets for improving biodiversity and deer management later.

Power to modify or restate EIA legislation and habitats regulations

Introduced to the Scottish Parliament on February 19, 2025, the Bill seeks to grant Ministers a broad power to modify or amend the relevant Environmental Impact Assessment legislation and habitats regulations. This power can only be exercised for specific purposes, such as maintaining or advancing standards related to restoring, enhancing, or managing the natural environment, preserving, protecting, or restoring biodiversity, and environmental assessments. Another purpose is to facilitate progress toward any statutory environmental, climate, or biodiversity target that are in force in Scotland.

National parks

The Bill proposes changes for national parks by modifying the National Parks (Scotland) Act 2000. The aims of national parks are updated with added new explicit inclusions, such as restoring and regenerating biodiversity and mitigating and adapting to climate change within the park areas.

Crucially, the duty on Scottish Ministers, national park authorities, local authorities, and other public bodies is strengthened regarding National Park Plans. Instead of merely having a duty to "have regard to" these plans, they now have a duty to facilitate their implementation. This means public bodies must cooperate with and support the execution, which may involve active steps or removing barriers, provided it is consistent with their other functions.

The Bill also allows for regulations to introduce fixed penalty notices for national park byelaw offences, potentially enhancing enforcement.

Owner and manager input crucial

The Natural Environment (Scotland) Bill proposes wide-ranging legal changes impacting strategic biodiversity targets, environmental regulation powers, national park management, and deer management.

While the Bill's aims are clearly directed at addressing biodiversity loss and climate change, it is essential that input from landowners and managers are taken into account to balance the ambition of nature restoration with financial realities.

It is important to acknowledge the potential nexus between the Natural Environment Bill and the Land Reform Bill, which is currently under consultation. Under the Land Reform Bill, certain landowners will be required to have a land management plan, and it needs to be made clear how ministers powers to modify EIA legislation would impact these plans.