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

Step Four – Assessment

A full Islands Community Impact Assessment is NOT required.

Throughout the development of the proposals, the Scottish Government was unable to identify any substantive impacts that these provisions may have towards island communities in Scotland. The Scottish Government has given full consideration towards the potential effects that the Bill might have on communities including those in local, rural and island areas during the development of the ICIA.

To ensure that the views of island residents and stakeholders are fully considered in the development of the Bill, the Scottish Government has engaged with stakeholders and consulted on the proposals in the Bill which resulted in numerous responses from those based in island communities or who have noted interests in Scottish islands with no notable concerns being raised in the analysis conducted.

Providing a framework for statutory targets will drive action across the Scottish Government to halt biodiversity loss, placing a duty on Scottish Ministers to set and meet targets which will be set out in secondary legislation and actioned through the Scottish Biodiversity Delivery Plans where any potential impacts on island communities will be considered. Future legislation made under the Bill (via secondary legislation) will set out more details of the actual targets and how the Scottish Government will monitor its progress to achieve them. This approach allows for the target topics to be adaptable to changing circumstances and ensures that parliamentary scrutiny is maintained.

Any potential impacts on island communities will also be considered in future secondary legislation that is made under the provisions in the Bill that set out further details of statutory nature restoration targets. This will ensure that any potential impacts on islands communities are considered when the individual targets are being developed.

The actions taken to deliver statutory nature restoration targets will be undertaken via the Scottish Biodiversity Strategy Delivery Plans. These actions may have impacts on island communities and an ICIA will be conducted on the SBS delivery plans where necessary.

Any future amendment to Scotland’s EIA regime and Habitat Regulations will be considered on a case-by-case basis. It is not possible to predict every circumstance under which the need for an enabling power may arise in future, although some potential scenarios have been identified within the public consultation for consideration by respondents. Any future use of the power would be subject to consultation and the appropriate impact assessments.

In relation to the modernisation of the aims and powers of National Parks, the provisions in the Bill are not expected to have any differential impacts to island communities to those on the mainland. There is no clear measure for any impact an existing National Park has towards island communities or how the proposed measures in the Natural Environment (Scotland) Bill would in any way impact upon island communities, if at all.

However, should the provisions in the National Parks (Scotland) Act 2000 be utilised to establish a new National Park, then consideration of the impact of doing so on island communities would be required as part of the development of that proposal. Such consideration may include taking forward an Island Communities Impact Assessment.

The impact of deer management on the islands will be affected by Scottish Government and NatureScot policy and will be dependent on a wider policy than the provisions in the Natural Environment (Scotland) Bill. The Strategic Deer Management Board and NatureScot will determine priority areas to undertake deer management. If any of the priority areas set are islands we would expect full Islands Community Impact Assessments to be undertaken at that stage.

There is no difference to how the provisions in the Natural Environment (Scotland) Bill will apply between island communities and other parts of Scotland. Accordingly, the Scottish Government do not consider that the proposals have a significant adverse effect on island communities. Further consideration will be given to the impacts of islands communities as the policy is further developed and implemented following the introduction of the Bill.

If the Natural Environment (Scotland) Bill were to pass through Parliamentary procedures and become law, the provisions should result in no negative impact or cost towards island communities in the foreseeable future therefore no action to mitigate or manage these impacts should be necessary.

According to the responses to the consultations undertaken on the proposals included in the Bill and stakeholder engagement in support of the consultation launch, those who reside in or have noted interests in island communities are also of the opinion that the proposals contained in the various consultations would have no notable impact towards Scottish island communities. This is supported by the overall support for the proposals and no notable concerns being raised on behalf of island communities on this topic.

Once the Natural Environment (Scotland) Bill has been introduced to the Scottish Parliament, Parliamentary procedures would allow for evidence and potential amendments to be put forward before Parliament and relevant Parliamentary Committees. In the event that any such evidence or amendments were to be put forward in relation to the impact of the provisions on island communities, the Scottish Government would take these fully into consideration during the passage of the Bill.

If the Natural Environment (Scotland) Bill were to become law, the Scottish Government will continue to review the effects of the provisions on island and wider Scottish communities. In the unlikely event that action would be required in order to mitigate effects towards island communities, any response will be done so with input from island communities as appropriate.

Further consideration of the impacts on island communities will be given during the development and implementation of secondary legislation relating to the Bill.

ICIA completed by: Sarah Gallagher

Position: Natural Environment Bill Policy Manager

Signature: Sarah Gallagher

Date completed: January 2025

ICIA approved by: Donald Henderson

Position: Deputy Director, Nature Division

Signature: Donald Henderson

Date completed: 18 February 2025