The
Nature Conservation (Scotland) Act 2004 received Royal Assent
in June 2004, with the majority of its provisions
coming into force on 29 November 2004. Containing five
Parts and seven Schedules, the Act places duties on public bodies
in relation to the conservation of biodiversity, increases
protection for Sites of Special Scientific Interest (SSSI), amends
legislation on Nature Conservation Orders, provides for Land
Management Orders for SSSIs and associated land, strengthens
wildlife enforcement legislation, and requires the preparation of a
Scottish Fossil Code. The Act is compliant with the provisions of
the European Convention on Human Rights, requiring consultation
where the rights of the individual may be affected by these
measures.
Biodiversity
The Act places a duty on every public body to further the
conservation of biodiversity consistent with the proper exercise of
their functions. It requires Scottish Ministers to designate
one or more strategies for the conservation of biodiversity as the
Scottish Biodiversity Strategy, and to publish lists of species of
flora and fauna and habitats of principal importance.
Conservation and Enhancement of Natural Features
Chapter 1 of Part 2, and Schedules 1 and 5, of the Act repeals the
SSSI provisions of the Wildlife and Countryside Act 1981 (as
amended), providing for the enhanced protection and management of
SSSIs, requiring the preparation of site management statements and
amending notification procedures. The provisions place a duty
on public bodies for the further conservation and enhancement of
SSSIs, provide a new offence whereby third parties can be convicted
for damaging SSSIs, and enable the making of byelaws for the
protection of SSSIs. Penalties for conviction where the
provisions are breached are amended from those previously
applying. Appeal processes are introduced with regard to the
notification, management and protection of SSSIs.
Chapter 2 of Part 2, and Schedules 2 and 5, of the Act enable
Scottish Ministers to make a Nature Conservation Order to protect a
nature conservation feature which is of special interest, or which
is contiguous with land containing such a feature, to ensure its
protection.
Chapter 3 of Part 2 provides for Scottish Ministers to make a Land
Management Order to require operations to be carried out on land
in, or contiguous with, an SSSI where this is necessary to
conserve, restore or enhance a natural feature specified in the
SSSI notification. An appeal process is introduced in
relation to the making of such Orders.
Protection of Wildlife
Part 3 and Schedule 6 of the Act make amendments to the Wildlife
and Countryside Act 1981, strengthening the legal protection for
threatened species. The species protection afforded to wild
birds, animals and plants is extended to include 'reckless'
acts. The protection afforded to the nests of certain,
threatened, bird species is extended to all times of the year, and
the disturbance of certain bird species at their lek sites is
prohibited. The Act makes it an offence to intentionally or
recklessly disturb a dolphin, whale or basking shark, and also to
sell a self-locking snare, or to possess one without reasonable
excuse. Powers are provided to Scottish Ministers to prohibit
the sale of certain non-native species. The Act amends and
enhances the provisions for enforcement. The Protection of
Badgers Act 1992 is also amended.
Scottish Fossil Code
Part 4 of the Act requires Scottish Natural Heritage to prepare and
issue a Scottish Fossil Code setting out recommendations, advice
and information relating to fossils.
April 2010