Agricultural reform: environmental report - strategic environmental assessment

Chapter 2 Relationship with other relevant plans and programmes, strategies and environmental protection objectives

Introduction

The Agricultural Reform is greatly influenced by other plans / programmes and by broader environmental objectives. The Agricultural Reform must conform to environmental protection legislation and the environmental objectives established at international and national levels, as well as contributing to the goals of a wide range of other plans and programmes.

Schedule 3 of the 2005 Act requires:

“an outline of the contents and main objectives of the plan or programme, and of its relationship (if any) with other qualifying plans and programmes”; and

the environmental protection objectives, established at international or national level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation".

A review of the key national legislation and plans of relevance to the Agricultural Reform is detailed in Appendix A. It should be noted that this report has been prepared to be proportionate to the scale and nature of the proposed changes that may result from the implementation of the plan. It is not intended to be a register of all legislation / plans, but rather an examination of the key environmental protection objectives relevant to the Agricultural Reform. A summary of the most relevant plans is provided in the subsequent paragraphs.

National legislation

The UK Withdrawal from the European Union (Continuity) (Scotland) Act [See reference 50] became law in January 2021. The Act includes provisions for the continuity of environmental governance in domestic arrangements, and for the SEA of the continuation of the effect of the EU environmental principles as the guiding principles on the environment in Scots law. Section 47 of the Continuity Act sets out the requirement for Scottish Ministers to prepare and publish an environmental policy strategy.

Section 14(1) of the Act mandates that Scottish Ministers must have due regard to the guiding principles when preparing any plan, programme or strategy that requires a SEA under the 2005 Act.

The Agriculture and Rural Communities (Scotland) Act 2024 [See reference 51] provides the legislative foundation for Scotland’s Agricultural Reform. It enables a new multitiered system of support for farmers and land managers, aimed at delivering high quality food production alongside environmental and climate benefits. The Act enables the Scottish Government to make payments for a range of activities, including sustainable land management, biodiversity enhancement, and emissions reduction. It also supports innovation, knowledge exchange, and resilience in rural economies. A core objective of the Act is to strengthen rural communities by integrating agricultural support with wider socio-economic development and climate adaptation measures.

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 [See reference 52] provides measures to reduce pollutants at catchment level. There are five nitrate vulnerable zones (NVZs) in Scotland, which are monitored by SEPA to manage nitrate concentrations in ground water and surface water. These are as follows: Lower Nithsdale; Lothian and Borders; Strathmore and Fife (including Finavon); Moray, Aberdeenshire, Banff and Buchan; and Stranraer Lowlands. Farmers operating within NVZs are required to comply with a set of Action Programme rules aimed at reducing the impact of their activities on the water environment.

The Climate Change (Scotland) Act 2009 [See reference 53] sets out Scotland’s interim and annual targets for the reduction of greenhouse gas emissions. The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 [See reference 54] amends the 2009 Act, setting the ambition of Scotland’s targets to net zero by 2045. The Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 further amends the 2009 Act by introducing a system of Carbon Budgets, requiring Scotland to set legally binding limits on greenhouse gas emissions over fixed multi-year periods. The Climate Change Plan 2020 [See reference 55] updates the 2018 Plan and sets out the pathway to reduce Scotland’s emissions over the period to 2032 and meet the aims of the amended 2009 Act.

Environmental principles

The assessment in this SEA will follow the guiding principles in section 13(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (the Continuity Act) [See reference 56].

These principles are:

• The principle that protecting the environment should be integrated into the making of policies
• The precautionary principle as it relates to the environment
• The principle that preventative action should be taken to avert environmental damage
• The principle that environmental damage should as a priority be rectified at source
• The principle that the polluter should pay.

The process of Strategic Environmental Assessment integrates the environmental principles ensuring the integration of environmental protection throughout the policy development. Throughout the assessment, potential significant environmental effects—both positive and negative—are considered, and opportunities for avoiding or mitigating negative impacts while enhancing positive ones are actively sought.

Environmental protection is embedded across all strategic priorities and actions, ensuring that considerations for the environment are central to policy-making processes. The process of SEA incorporates precautionary measures to evaluate risks and mitigate potential negative impacts, emphasising the importance of taking preventative actions to avert harm before it occurs.

The assessment process ensures that mitigation of environmental damage is implemented at source, ensuring that any harm caused is addressed effectively to minimise further impact. It aligns with the polluter pays principle, making sure that those responsible for pollution bear the costs of managing and mitigating its effects.

National policy

The Scottish Government’s Vision for Agriculture [See reference 57] outlines the long-term vision to transform farming and food production in Scotland which features climate change adaptation and mitigation as a key outcome. The new Agriculture and Rural Communities (Scotland) Act 2024 (discussed above) aims to provide Scotland with a framework that supports the values and principles contained in the vision.

National Planning Framework 4 (NPF4) [See reference 58] is the national spatial strategy for Scotland. It sets out the spatial principles, regional priorities, national developments and national planning policy for Scotland to 2045. One of the core aims of NPF4 is to support the planning and delivery of ‘sustainable places’. Sustainable places will be “net zero, nature-positive places that are designed to reduce emissions and adapt to the impacts of climate change, whilst protecting, recovering and restoring the environment” (p.7). The policies of most relevance to the Agricultural Reform SEA are:

• Policy 1: Tackling the climate and nature crises: The policy aims to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis.
• Policy 2: Climate mitigation and adaptation: The policy aims to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. The new policy document has just been published June 2025 NPF4 planning guidance: policy 2 - climate mitigation and adaptation [See reference 59].
• Policy 3: Biodiversity: The policy aims to protects biodiversity, reverse biodiversity loss, delivers positive effects from development and strengthen nature networks.
• Policy 4: Natural places: The policy aims to protect, restore and enhance natural assets making best use of nature-based solutions.
• Policy 5: Soils: this policy aims to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development
• Policy 6: Forestry, woodland and trees: The policy aims to protect and expand forests, woodland and trees.
• Policy 17: Rural homes: this policy aims to promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations
• Policy 19: Heat and cooling: The policy aims to encourage, protect and facilitate development that supports decarbonised solutions to heat and cooling demand and ensure adaptation to more extreme temperatures.
• Policy 20: Blue green infrastructure: The policy aims to protect and enhance blue green infrastructure and their networks to deliver multiple functions including climate mitigation, nature restoration, biodiversity enhancement, flood prevention and water management.
• Policy 22: Flood risk and water management: The policy aims to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding.
• Policy 25: Community wealth building: The policy aims to encourage, promote and facilitate a new strategic approach to economic development that also provides a practical model for building a wellbeing economy at local, regional and national levels
• Policy 26: Business and industry: The policy aims to encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live work units and micro-businesses.
• Policy 29: Rural development: To encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced

Scotland’s updated Climate Change Plan 2018-2032 [See reference 60] sets out the policies and proposals required to drive delivery in Scotland’s journey towards net zero emissions by 2045. It sets out a detailed and ambitious package of actions of which adaptation and resilience are key components. Both the Agricultural Reform and the updated Climate Change Plan share common nature-based solutions which help to achieve the outcomes desired in both climate change mitigation and adaptation plans.

The Scottish National Adaptation Plan 2024 to 2029 (SNAP3) [See reference 61] was published in September 2024 and sets out actions to build Scotland’s resilience to climate change. It does this through support of communities, businesses, public services and nature to adapt to the changing climate in a way that is fair and inclusive. The Adaptation Plan sets out a long-term vision and defines Scotland’s priorities for action over the next five years. It is structured around five main outcomes and 23 objectives which are relevant to the Agricultural Reform including: nature connects, communities, public services and infrastructure, economy, business and industry and international action.

Scotland’s National Just Transition Planning Framework [See reference 62] sets out the long-term vision to deliver a fairer, greener future for all by 2045 across all sectors on Scotland’s journey to a net zero and climate resilient economy. Identifying key risks from climate change and setting out actions to build resilience to these risks is one of the Scottish Government’s fundamental National Just Transition Outcomes. This recognises that a transition to net zero must be undertaken in partnership with those impacted by the transition to net zero and it must be achieved in a way that delivers fairness and tackles inequality and injustice. For example, lower-income households are more vulnerable to the impacts of climate change, and it is imperative to improve these inequalities in addressing both climate resilience and mitigation measures. The Scottish Government will also develop individual sector based Just Transition Plans to outline how different sectors (e.g. land use and agriculture, transport, built environment, construction) seek to understand and clarify the opportunities and barriers to reducing greenhouse gas emissions and adapting to climate change. This recognises that a transition to net zero must be undertaken in partnership with those impacted by the transition to net zero and it must be achieved in a way that delivers fairness and tackles inequality and injustice. As set out in the Just Transition Planning Framework plans will, at a minimum, be reviewed by the Scottish Government alongside each Climate Change Plan (every five years).

The Environment Strategy for Scotland [See reference 63] creates an overarching framework for Scotland’s strategies and plans for the environment and climate change. Its 2045 vision and supporting outcomes describe the Scottish Government’s guiding ambitions for restoring Scotland’s natural environment and in tackling the global climate and nature crises. In turn, this will help to build a stronger, more resilient economy and improve the health and wellbeing of Scotland’s people.

One of the biggest opportunities Scotland has to adapt to climate change is through regenerating and restoring nature:

• The Scottish Biodiversity Strategy to 2045 [See reference 64] sets out a clear goal to halt biodiversity loss and be ‘nature positive’ by 2030. By 2045, habitats, ecosystems and species will thrive and adapt to climate change. The strategy identifies six objectives that will help deliver restored and regenerated biodiversity across Scotland’s land, freshwater and seas. The objectives are: Accelerate restoration and regeneration, Protect nature on land and at sea, across and beyond protected areas, Embed nature-positive farming, fishing and forestry; Protect and support the recovery of vulnerable and important species and habitats; Invest in Nature; and, take action on the indirect drivers of biodiversity loss. It supports nature-based solutions to mitigate and adapt to climate change including the protection and enhancement of blue and green infrastructure, peatland and blue carbon habitat restoration, as well as management of invasive non-native species and adapting farming practices. Delivering the goals of the strategy will be supported by a framework for statutory nature restoration targets which will be set out in the new Natural Environment Bill (discussed further below).
• Scotland’s Forestry Strategy 2019-2029 [See reference 65] supports the adaptation of Scotland’s forests and woodlands to become more resilient to climate change for example, by managing for, and mitigating against, the threats posed by tree pests and diseases; and, supporting forest design to increase the capacity of forests and woodlands to adapt to, and thrive in, a changing climate.
• Scotland’s Third Land Use Strategy 2021-2026 [See reference 66] sets out the long-term vision, objectives and policies to achieve sustainable land use. The strategy supports opportunities for nature-based solutions to mitigate and adapt to climate change whilst restoring nature, e.g. through the development of green and blue infrastructure.
• Public Health Scotland’s Climate Change and Sustainability Strategic Approach 2023-2026 [See reference 67] sets out the public health approach to climate change which will enhance preparedness, increase resilience, and protect and promote human and planetary health through aligned actions on climate, population health and equity. Actions to achieve this vision include:
  • Raising awareness of the interconnected issues of climate, population health and equity.
  • Building the evidence base to understand vulnerabilities to, and differential population health and wellbeing effects of, climate impacts in Scotland, and assessing the potential risks and opportunities to population health and equity from climate action.
  • Preparing for and responding to risks to health arising from climate change, such as adverse weather events and emerging climate sensitive infectious diseases.
• Transport Scotland’s Approach to Climate Change Adaptation and Resilience [See reference 68] sets out an ambitious vision for a well-adapted transport system in Scotland which “is safe for all users, reliable for everyday journeys and resilient to weather-related disruption”. The approach outlines four strategic outcomes:
  • Adapting trunk roads to the current, projected and unexpected impacts of climate change.
  • Supporting the delivery of climate change adaptation and resilience for Scotland’s rail network.
  • Engaging with aviation stakeholders to support their decision making in relation to climate change adaptation and resilience.
  • Safeguarding lifeline ferry services, ports, harbours and canals in response to the threat of climate change.
• The National Flood Resilience Strategy [See reference 69] sets out a vision for a flood resilient Scotland through to 2045 and beyond. The four guiding principles laid out in the Strategy are:
  • The scale of the challenge means that the focus of action will change from ‘fixing flooding problems’ to creating flood resilient places.
  • Flood resilience is part of community resilience and part of adapting to climate change.
  • At the heart of the flood resilience activities will lie the principles of a Just Transition (to secure a fairer, greener future for all by working in partnership to deliver fairness and tackle inequality and injustice).
  • Everyone benefits from flood resilient places, and we all have a contribution to make.
• The National Strategy for Economic Transformation [See reference 70] (NSET) sets out the priorities for Scotland’s economy, as well as the actions needed to maximise the opportunities over the next decade to achieve the vision of a wellbeing economy. NSET aims to achieve economic resilience and identifies climate adaptation actions to future-proof the productivity of Scotland’s economy over the long term, including nature-based solutions to climate change mitigation and adaptation, sustainable farming and forestry, nature restoration and eco-tourism.
• Scotland's circular economy and waste route map to 2030 [See reference 71] is the final Route Map and takes into account the feedback from two consultations that were held in 2022 and in early 2024. Measures in this Route Map are grouped under four strategic aims, which reflect the span of the waste hierarchy:
  • Reduce and reuse
  • Modernise recycling
  • Decarbonise disposal
  • Strengthen the circular economy.
• Other key legislation includes the Circular Economy (Scotland) Act [See reference 72] which requires the preparation of a Circular Economy Strategy.
• The Good Food Nation (Scotland) Act 2022 [See reference 73] requires the Scottish Government and certain public authorities to publish Good Food Nation Plans, integrating considerations of health, sustainability, and environmental impact into food-related policies, including agriculture.
• The National Development Plan for Crofting (2021) [See reference 74] highlights the core elements necessary to ensure that crofting remains at the heart of Scotland’s rural and remote rural communities, as well as delivering policy priorities for climate change mitigation and biodiversity. The plan aims to increase active use of croft land and improve management of common grazing land.

Forthcoming legislation and policy

Scotland is currently undergoing a period of significant policy change, with the following legislation and policies relevant to climate change adaptation forthcoming:

• Natural Environment Bill: The Bill was introduced on 19 February 2025 and is at Stage 1. It says that the Scottish Government must introduce targets to improve biodiversity, allows the Scottish Government to make and change laws relating to the Environmental Impact Assessments regime and the Habitats Regulations, updates the aims of National Parks and relates to the management of wild deer.
• Land Reform Bill: The Bill was introduced on 13 March 2024 and is at Stage 3. It proposes to adapt the legal framework around agricultural holding tenancies to allow tenant farmers to undertake a combination of agricultural and non-agricultural activities, which could support climate change mitigation and adaptation through the restoration of habitats.
• Climate Change Plan: The next Climate Change Plan, due in spring 2026, will set out the policies and proposals in order to meet the carbon budgets which are being set in secondary legislation.
• The water, wastewater and drainage: consultation analysis summarises the responses that we received on our consultation between 21 November 2023 and 21 February 2024 on the water, wastewater and drainage principles and considerations in developing policy for the future of the water industry in Scotland in response to the climate emergency. Policy proposals can be separated into the following actions:
  • create the legislative framework for an integrated planning approach to water resources across Scotland, supporting a climate resilient economy
  • deliver environmental and social benefit through an affordable and resilient water resource system
  • evolve and adapt to climate change, to protect and manage Scotland's water resources
• Just Transition Plans: The Scottish Government will also develop individual sector based Just Transition Plans to outline how different sectors (e.g. land use and agriculture, transport, built environment, construction) seek to understand and clarify the opportunities and barriers to reducing greenhouse gas emissions and adapting to climate change.) This recognises that a transition to net zero must be undertaken in partnership with those impacted by the transition to net zero and it must be achieved in a way that delivers fairness and tackles inequality and injustice. As set out in the Just Transition Planning Framework plans will, at a minimum, be reviewed by the Scottish Government alongside each Climate Change Plan (every five years) (discussed further below). The Just Transition Plans will support the delivery of the Agricultural Reform SEA by identifying key physical risks from climate change and the actions required to build resilience to these risks.
  • The draft Energy Strategy and Just Transition Plan was published for consultation in January 2023 setting out a draft route map of actions to deliver a flourishing net zero energy system. A new target date for publication has yet to be announced.
  • The Scottish Government launched a consultation in the summer of 2025 on the Just Transition Plan for Land Use and Agriculture [See reference 75]. This recognises the role of land use an agriculture in net zero and nature positive transitions, whilst acknowledging the costs of the transition. The transition requires support for the land use and agriculture sector, including knowledge, skills and opportunities.
  • The Just Transition Plan for Grangemouth was published in June 2025 [See reference 76].
  • Transport Just Transition Plans: The Scottish Government published a draft Transport Just Transition Plan for consultation, in February 2025, making sure that no one is left behind as the country transitions to net zero and adapts to a changing climate, through measures that promote healthier lifestyles, improve access to transport, or support the natural environment.
  • Circular Economy: The Circular Economy (Scotland) Act 2024 sets out the provision for the preparation of a circular economy strategy, to make provision about circular economy targets; to make provision about the reduction, recycling and management of waste; and for connected purposes.