The introduction of statutory targets to protect nature is a long-standing campaign demand of Scottish Environment LINK. We therefore welcome the publication of the Natural Environment Bill, introduced to the Scottish Parliament last week, which represents a vital opportunity to halt biodiversity decline and drive forward nature’s recovery.
Scotland’s Biodiversity Framework
The Scottish Government’s commitment to halting biodiversity loss by 2030 and achieving significant restoration by 2045 is encapsulated in the Scottish Biodiversity Strategy and accompanying delivery plan which was published at the end of 2024. The actions set out in this plan could, if appropriately funded and delivered effectively, make a significant difference. The Natural Environment Bill acts as a key piece of legislation to achieve these goals, establishing legally binding targets to restore our ecosystems, which should help to drive the action needed.
Creating a strong legal framework for nature recovery
Beyond the introduction of targets, the Bill covers other policy areas intended to support nature recovery. The Bill includes a range of measures to improve deer management, which is vital to allowing the natural regeneration of our native woodlands and strengthening National Parks. The Bill also includes changes to environmental protections such as Environmental Impact Assessments (EIA) and Habitat Regulations.
The Scottish Biodiversity Strategy and Natural Environment Bill sets the stage for urgent action to address Scotland’s biodiversity crisis. However, reaching these ambitions will require strong leadership, effective collaboration, clear targets and dedicated funding. We have outlined a summary and LINK’s initial response to key aspects of the Bill.
Statutory nature recovery targets
The introduction of statutory nature targets was a key ask of LINK’s post-Brexit campaign, Fight for Scotland’s Nature. The Scotland Loves Nature campaign has continued to push the Scottish Government to deliver the Natural Environment Bill and to build cross-party support for an ambitious approach to nature recovery.
The Bill itself is framework legislation – meaning that the key details and metrics of the targets will be set by Ministers afterwards. Biodiversity targets are necessarily complicated, and setting the specific targets in primary legislation would be difficult and potentially counter-productive. A framework approach was recommended in LINK’s 2023 report on nature recovery targets and, while there points of difference, the draft Bill broadly follows these recommendations.
As the Bill is drafted, the Scottish Government will be required to set at least one target covering the condition and extent of habitats, the status of threatened species, and the environmental conditions for nature regeneration. There is also a broader power to set targets on any matter relating restoration or regeneration of biodiversity.
Strengthening deer management
The Scottish Government estimate that there are as many as one million deer in Scotland, representing a potential doubling of the population in the past 20 years. This unnaturally high number of deer is damaging our environment by degrading peatland and suppressing natural tree regeneration.
We welcome Scottish Government’s proposals for modernising deer management as part of the Natural Environment Bill. These proposals, which build on the recommendations of the independent Deer Working Group (DWG) 2019 Report, aim to address the urgent need to manage deer populations in a way that helps tackle Scotland’s climate and nature emergency.
The government had initially consulted on a proposal to create Deer Management Nature Restoration Orders (DMNROs), aimed at addressing the ecological impact of Scotland’s large and increasing deer population. The draft Bill instead proposes to meet these objectives by making changes to existing powers under the 1996 Act, rather than the creation of a new power. LINK members will consider the draft Bill closely and work constructively to ensure the measures are strong and effective. LINK views the Bill as a critical opportunity to finally make considerable progress in managing deer populations sustainably and supporting biodiversity.
Enhancing the role of National Parks
The Bill makes changes to the aims and powers of National Parks, as well as setting up a fixed penalty notice regime for breach of park byelaws.
Existing legislation sets out 4 aims which National Parks are required to pursue (conserving natural and cultural heritage, promoting sustainable use of natural resources, promoting enjoyment and recreation, and promoting sustainable economic and social development). The Scottish Government had previously consulted on introducing an overarching purpose for the Parks, requiring them to deliver leadership on nature recovery and a just transition to Net Zero. LINK members had supported this proposal. Instead, the draft Bill modernises the language of the aims and proposes a new subsection with a non-exclusive list of activities to deliver on these, including restoring biodiversity and tackling climate change.
One notable change proposed is requiring other public bodies operating in a National Park to have regard to the aims and Park Plans.
Safeguarding Scotland’s environmental protections
The Bill proposes changes to EIA and Habitats Regulations, which are critical for protecting Scotland’s habitats and species. LINK members acknowledge the need for modernised laws but have some concerns about the lack of clarity regarding these proposed enabling powers.
LINK recommends that any changes be subject to full parliamentary scrutiny, with clear, narrowly defined purposes. The principle of non-regression should ensure that protections are not weakened. We will continue to engage with the Scottish Government and MSPs to ensure that the final Act is effective and fit for purpose.
Stay informed and take action
Public support is crucial to ensuring that the Natural Environment Bill delivers for Scotland’s wildlife. Sign up to the Scotland Loves Nature campaign for updates and ways to take action.
This Bill has the potential to be a game-changer for Scotland’s nature. By strengthening its provisions and ensuring accountability, we can take bold steps towards a future where biodiversity thrives. Together, we can make sure that this legislation delivers the nature recovery Scotland urgently needs.
Image: Sandra Graham