The Natural Environment (Scotland) Bill seeks to establish mechanisms intended to curb habitat and biodiversity loss.

We’ve already looked at some key aspects.  Let’s now examine the Bill’s proposed changes to biodiversity and deer management.

Biodiversity targets

The first part of the Bill, introduced in February, seeks to amend the Nature Conservation (Scotland) Act 2004, by setting out a framework for Scottish ministers to set achievable environmental targets, to be reviewed at least once every three years and reported a minimum once every 10 years.

When setting or reviewing targets, Ministers must seek and consider scientific advice from independent experts and be satisfied new or amended targets can be met. Whilst these targets need to be based on scientific evidence, and ministers have a duty to ensure targets are met, targets can be revoked or diminished under specific conditions, such as the need to set a replacement target due to failure.

Deer management

The fourth part of the Bill seeks to introduce a comprehensive overhaul of deer management under the Deer (Scotland) Act 1996. The Bill introduces two new, explicit grounds for NatureScot intervention: damage by deer, and nature restoration.

The agency can intervene if deer cause damage to interests such as woodland or agriculture, or if they prevent nature restoration efforts which are deemed to contribute towards statutory targets. When these grounds are met, NatureScot may require owners/occupiers to submit deer management plans for approval. It may also seek control agreements. If compliance with an agreement is insufficient, NatureScot must proceed with making a control scheme or explain why this is not possible.

The process for making a control scheme involves public consultation and potential objection to Scottish Ministers, with a right of appeal to the Scottish Land Court. The Bill also introduces powers to the agency to recover costs associated with schemes from owners/occupiers. In some positive news for landowners, the Bill proposes to remove the requirements related to licensing to deal in venison.

Wide-ranging

The Natural Environment (Scotland) Bill proposes wide-ranging legal changes impacting strategic biodiversity targets, environmental regulation powers, national park management, and deer management. In terms of the Bill’s proposals for deer management, many landowners are already acutely aware of the impacts and costs that deer have on operations.

Some commentators have argued that a collaborative and joined-up approach, which has yielded proven progress, should be further incentivised, rather than a punitive approach which risks adding additional financial burden.