The Natural Environment (Scotland) Bill (the Bill) was introduced by the Scottish Government on 19 February 2025. With the window for submitting views closing tomorrow, 9 May 2025, this is a pivotal moment for Scotland's environmental future. The Bill aims to "support the protection and restoration of Scotland’s natural environment and to assist the delivery of the Scottish Government’s net zero and biodiversity objectives". This article explores what Part 1 of the Bill entails and how you can ensure your organisation makes decisions in line with the potential changes.
Overview of the Bill
The Bill focuses on four main areas:
- Setting targets for protecting and improving biodiversity.
- Empowering the Scottish Ministers to amend legislation related to environmental impact assessments and habitats.
- Defining the aims of National Parks.
- Managing deer populations.
This briefing note considers the provisions relating to setting targets for protecting and improving biodiversity.
Key Provisions and Duties
In brief, the Bill amends the Nature Conservation (Scotland) Act 2004 ("the 2004 Act") to require Scottish Ministers to set targets for nature restoration, for the purpose of supporting and measuring the progress made in the 2004 Act. It provides that the Scottish Ministers are to set targets in relation to specific topics. These topics are (firstly) the condition or extent of any habitat, the status of threatened species, or the environmental conditions for nature regeneration; and (secondly) any other matter relating to the restoration or regeneration of biodiversity.
The targets set out are to include indicators against which progress toward, and achievement of the target, is set to be measured. The Explanatory Notes set out that these targets may take a number of forms - they may reference achieving a particular environmental standard within a particular timeframe or achieving a particular outcome or set of circumstances. An example of this is if the target is to reduce the risk status of an endangered species, a more holistic set of measures may be relevant - the number of breeding pairs may only be part of the considerations - and so there may be a need to measure whether there is sufficient food to sustain those pairs.
Accountability and Scientific Advice
Scottish Ministers are responsible for meeting these targets and must report to the Scottish Parliament if targets are not met, outlining steps to address the shortfall. The Bill also requires periodic reviews and adjustments based on scientific advice from independent experts.
Implications for Biodiversity and Planning
The Bill is noteworthy on two fronts in relation to biodiversity and planning in particular - firstly, it sets specific targets for protecting and improving diversity. This is perhaps similar to the approach taken in England, where biodiversity net gain is a legislative requirement to be considered throughout the planning process. Several recent cases have considered the weight to be attached to biodiversity net gain. Secondly, given the general duty in National Planning Framework 4 for development proposals to contribute to the "enhancement of biodiversity" the biodiversity targets required by the Bill (when it becomes law) could have far-reaching implications for development planning proposals as they may be material considerations in the determination of a planning application.
Next Steps
We will continue to provide updates on the Bill's status as it progresses through the Scottish Parliament. For those involved in development planning, it is essential to consider how the Bill's provisions might affect future projects. Staying proactive and informed will help in adapting to new requirements and ensuring compliance with the forthcoming regulations.
Feel free to reach out to MFMac's Planning Team for any specific questions or further information on how the Bill might impact your activities. We are here to help you navigate these changes and make the most of the opportunities they present.
