Natural Environment (Scotland) Bill: islands and communities impact assessment

Step Three – Consultation

Consultation Analysis and Respondents:

Statutory targets for nature restoration and modernisation of the aims and powers of National Parks.

The Biodiversity – Strategic Framework consultation analysis was published on 12 November 2024, analysing the 654 responses to the consultation from a broad range of individuals and stakeholders with interests in various aspects of the framework. The consultation requested views from respondents on the statutory targets for nature restoration and National Parks proposals.

Overall, 474 or 72 per cent were responses from individuals and 180 or 28 per cent were from organisations, including representatives from the public, private and third sectors. Among the respondents were 24 Local Authority and Community Council organisations including Islands Programme members: Shetland Islands Council, The Highland Council and North Ayrshire Council.

Island interests were also represented through responses from NGOs, Charities and Trusts including Hebridean Whale & Dolphin Trust; Outer Hebrides Fisheries Trust, the National Trust for Scotland, RSPB Scotland, Scottish Environment LINK and Scottish Wildlife Trust.

Organisations who responded to the consultation who may represent or have an interest in island communities include Convention of Scottish Local Authorities (COSLA), Scotch Whisky Association (SWA), Scottish Fishermen's Federation, Shetland Fishermen's Association, South Skye Seas Initiative, Western Isles District Salmon Fisheries Board, Crown Estate Scotland, Scottish Sea Farms and SSE Renewables (SSER).

It should be noted that it is possible that some of the above respondents (or others with stated interest in island communities) may have only responded to specific sections of the consultation and possibly not provided answers to the questions on Statutory targets for nature restoration and National Parks although by participating in the consultation they were afforded the opportunity to note any support or concerns on the proposed changes.

The full list of organisations who responded to the consultation can be found in the published analysis. Biodiversity - strategic framework: consultation analysis

Within the consultation respondents were asked specifically about the impact of these provisions on island communities.

The consultation concluded that no impacts were identified on islands communities on the National Parks provisions. In relation to statutory targets for nature restoration, the analysis concluded that further assessment of the impact on island communities regarding the individual actions set out in the Delivery Plan will be necessary as these policies are developed.

Respondents noted that island communities are often more reliant on fishing as a source of economic wealth and job security, which could negatively impact island communities were any restrictions to come into force. The full details of statutory targets for nature restoration will be set out in future secondary legislation made under the Bill where any currently unforeseen impacts on islands will be considered further as well as through the actions in the Scottish Biodiversity Delivery Plans.

Enabling power for future amendments to Environmental Impact Assessment (EIA) legislation and the Conservation (Natural Habitats, &c.) Regulations 1994

The EIA regime and Habitats Regulations: consultation analysis was published on 12 November 2024.

Prior to the launch of the consultation, notice was given of the launch of the consultation through stakeholder contact lists and through Scottish Government Net Zero social media accounts. Through our engagement with statutory nature conservation bodies (SNCBs), a number of public bodies were also informed of the consultation through their mailing and contact lists.

Island based stakeholders were included in the stakeholder contact list for the consultation.

During the public consultation period, views were sought on whether the proposed enabling powers would have any effect on island communities that would be different from the effect on other communities. No evidence was provided that would lead us to believe that there are any potential barriers or wider impacts on island communities. From 41 respondents to the consultation, more respondents agreed (34% for EIA regime, 32% for the Habitats Regulations) that the proposed enabling powers would not have any effect on an island community that would be different from the effect on other communities, than did not (7% for EIA regime, 5% for the Habitats Regulations).

More respondents chose to provide no answer to these closed questions than any other in the consultation (24%) and those respondents did not provide further comments in the free text fields.

Key themes and issues raised by respondents included:

Potential Effects on Island Communities

• A few respondents suggested that, although the proposed enabling powers themselves will not likely have any effect on an island community that is different from the effect on other communities, there may be effects to consider when the powers are used. They suggested that this was another important reason for full consultation in advance of the powers being used and that this should include appropriate assessments.

Lack of detail

• A few respondents raised that they felt there was not enough detail provided at this stage to assess whether or how the enabling powers could have any effect on an island community that is different from the effect on other communities. However, no comments were made on what additional information would be required to make the assessment.

Full details of the published analysis has been published on the Scottish Government Website: Environmental impact assessment regimes and habitats regulations: consultation analysis - gov.scot.

Reforming legislation relating to deer management

The Scottish Government’s consultation Managing Deer for Climate and Nature in 2024 sought views on several of the proposals included in the Bill. The consultation questions mainly invited respondents to state whether they agreed or disagreed with a specific proposal. The responses indicated broad support, with over 60% of respondents agreeing with the Scottish Government’s proposals in each case.

The Association for Deer Management Groups (ADMG) is one of the key stakeholders with an interest in the deer management provisions in the Bill. They represent deer management groups across Scotland, including a number of Islands. The Scottish Government have engaged with them on a number of occasions in relation to the proposed legislative amendments and no issues relating to islands specifically have been flagged throughout this engagement or during the consultation process.

The full details of the consultation has been published on the Scottish Government website: Managing Deer for Climate and Nature: Analysis of consultation responses

Consultation Analysis Findings:

The published consultation analysis noted that potential impacts towards island communities were not among the most frequently raised or most notable topics among responses to the section on proposals within the consultation.

No adverse effects were raised by respondents in relation to the proposals put forward in the various consultations. It has been noted that when legislation is made in future and actions are implemented to meet and deliver targets through the Scottish Biodiversity Delivery Plan, further consideration will be required in relation to any potential impacts on the islands communities and full impact assessments will be carried out.

Any future use of the power to amend Scotland’s EIA regime and Habitat Regulations will be subject to consultation and the appropriate impact assessments will be carried out when further detail is available and during the development of any proposals.

The Scottish Government believes that the consultations carried out in relation to the Natural Environment (Scotland) Bill have been robust, meaningful and sufficient to comply with their duty, under section 7 of the Islands (Scotland) Act 2018, to have regard to island communities when carrying out their functions.