Draft Environment Strategy: strategic environmental assessment

Appendix A: Relationship with other relevant plans and programmes

General

International legislation

Source: Aarhus Convention (1998)^[193]

Key objectives: To develop a number of rights of the public with regard to the environment. Local authorities should provide for:

• The right of everyone to receive environmental information
• The right to participate from an early stage in environmental decision making
• The right to challenge in a court of law public decisions that have been made without respecting the two rights above or environmental law in general

Implications/comments: Ensure that the public are involved and consulted at all relevant stages of SEA production.

Source: Johannesburg Declaration on Sustainable Development (2002)^[194]

Key objectives: Commitment to building a humane, equitable and caring global society aware of the need for human dignity for all. Areas of focus include:

• Sustainable consumption and production patterns.
• Accelerate shift towards sustainable consumption and production – 10-year framework of programmed of action.
• Reverse trend in loss of natural resources.
• Renewable energy and energy efficiency.
• Urgently and substantially increase Global share of renewable energy.
• Significantly reduce the rate of biodiversity loss by 2010.

Implications/comments: The SEA should reflect objectives to support reduction in emissions of greenhouse gases, promote renewable energy and energy efficiency.

National legislation

Source: UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021^[195]

Key objectives: The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 is designed to ensure that Scottish law continues to align with EU law following the UK's departure from the EU. Section 47 of the Act requires Scottish Ministers to prepare and publish an environmental policy strategy. The strategy must set out:

• objectives for protecting and improving the environment,
• policies and proposals for achieving the objectives (or a summary or indication of such polices and proposals), and
• arrangements for monitoring progress towards achieving the objectives.
• Section 47 also requires Scottish Ministers must, in making policies (including proposals for legislation), have due regard to the strategy.
• Section 14 of the Act requires that Scottish Ministers must have due regard to the guiding principles on the environment when developing policy, including the development of legislation.

Implications/comments: The SEA should be mindful of the requirements set out in the Continuity Act 2021.

Source: Town and Country Planning (Scotland) Act 1997 (as amended)^[196]

Key objectives: The Town and Country Planning (Scotland) Act governs the use and development of land within Scotland. The 1997 Act forms the basis of the Scottish planning system. It sets out the roles of Scottish Ministers and designates local authorities as ‘planning authorities’ with a responsibility for producing local development plans and handling most aspects of development management and enforcement.

Implications/ comments: All planning applications in Scotland are required to be determined against the Town and Country Planning (Scotland) Ac 1997. The SEA should be mindful of the requirements set out in the 1997 Act.

Source: Planning etc. (Scotland) Act 2006^[197]

Key objectives: The Planning etc. (Scotland) Act 2006 formed a central part of the reform of the Scottish planning system. One of its key effects was the creation of Strategic Development Planning Authorities, which comprise several local planning authorities and are charged with producing long-term development plans.

Implications/ comments: The SEA should be mindful of the requirements set out in the Planning etc. (Scotland) Act 2006

Source: Planning (Scotland) Act 2019^[198]

Key objectives: The Planning (Scotland) Act 2019 system sets the future of Scotland’s planning system and includes a broad range of changes to be made, such as arrangements for the preparation of development plans and proactive master planning.

Implications/ comments: The SEA should be mindful of the requirements set out in the Planning (Scotland) Act 2019.

Source: Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013^[199]

Key objectives: Sets out provisions for granting planning permission in accordance with the Town and Country Planning (Scotland) Act 1997.

Implications/ Comments: The SEA should be mindful of the requirements of the Town and Country Planning (Development Management Procedure) Scotland Regulations.

Source: Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011^[200]

Key objectives: Sets out criteria for determining whether an Environmental Impact Assessment would be required for developments.

Implications/ Comments: The SEA should reflect the objectives to minimise the potential environmental impacts of development.

Source: Electricity Act 1989^[201]

Key objectives: Establishes a licensing regime for generation, transmission, distribution and supply, and sets out the statutory duties of the regulator. The Act gives powers to Scottish Ministers for the determination of applications for electricity infrastructure including applications to construct, extend and operate onshore electricity generating stations exceeding 50 megawatts capacity; applications to vary existing consents which were granted under section 36; and applications for overhead lines.

Implications/ Comments: The SEA should be mindful of the requirements of the Act.

Source: The Environment Act 2021^[202]

Key objectives: Sets statutory targets for the recovery of the natural world in four priority areas: air quality, biodiversity, water, and resource efficiency and waste reduction. It also establishes the Office for Environmental Protection which will act as an impartial and objective body for the protection and improvement of the environment. The Act sets out legislation which covers local air quality management frameworks and the recall of motor vehicles.

Implications/ Comments: The SEA should be mindful of the targets set out by the Act.

National (Policies, Plans, Programmes and Strategies)

Source: National Planning Framework 4 (the Scottish Government)^[203]

Key objectives: The Fourth National Planning Framework, published February 2023, sets out our spatial principles, regional priorities, national developments and national planning policy. It should be read as a whole and replaces NPF3 and Scottish Planning Policy.

NPF4 comprises:

• Part 1 – A National Spatial Strategy for Scotland 2045
• Part 2 - National Planning Policy; covering sustainable places, liveable places, and productive places

Implications/ Comments: The SEA should be mindful of the policy framework of National Planning Framework 4.

Source: The 25 Year Environment Plan^[204]

Key objectives: Sets out goals for improving the environment over the next 25 years. It details how the Government will work with communities and businesses to leave the environment in a better state than it is presently. The document identifies six key areas upon which action will be focused.

• Using and managing land sustainably
• Recovering nature and enhancing the beauty of landscapes
• Connecting people with the environment to improve health and wellbeing.
• Increasing resource efficiency and reducing pollution and waste
• Securing clean, healthy, productive and biologically diverse seas and oceans
• Protecting and improving our global environment

Implications/ Comments: The SEA should be mindful of the key actions of the 25 Year Environment Plan

Biodiversity, Flora and Fauna

International legislation

Source: Bern Convention (1979)^[205]

Key objectives: To ensure conservation and protection of wild plant and animal species and their natural habitats (listed in Appendices I and II of the Convention), to increase cooperation between contracting parties, and to regulate the exploitation of those species) listed in Appendix III. To this end the Convention imposes legal obligations on contracting parties, protecting over 500 wild plant species and more than 1,000 wild animal species.

Implications/ Comments: The SEA should consider the preservation and protection of the environment.

Source: Bonn Convention on the Conservation of Migratory Species of Wild Animals (1979)^[206]

Key objectives: To ensure that contracting parties work together to conserve terrestrial, marine and avian migratory species and their habitats (on a global scale) by providing strict protection for endangered migratory species. The overarching objectives set for the Parties are:

• Promote, co-operate in and support research relating to migratory species
• Endeavour to provide immediate protection for migratory species included in Appendix I
• Endeavour to conclude Agreements covering the conservation and management of migratory species included in Appendix II

Implications/ Comments: The SEA should reflect the objectives protecting biodiversity and the natural environment.

Source: Ramsar Convention (1971)^[207]

Key objectives: To promote the wise use of wetlands and their resources.

The Convention’s mission is “the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world”.

Implications/ Comments: The SEA should take into account the conservation of wetlands and their resources.

Source: The Convention on Biological Diversity (2010)^[208]

Key objectives: The Convention on Biological Diversity (CBD) is a multilateral treaty which served three main goals, including:

• Conservation of biological diversity
• Sustainable use of its components
• Fair and equitable sharing of benefits arising from genetic

Implications/ Comments: The SEA should reflect objectives protecting biodiversity and sustainable use of its components.

National legislation

Source: Wildlife and Countryside Act 1981 (as amended)^[209]

Key objectives: The Act implements the principles of the Bern Convention and the EU Birds Directive in the UK. Since it came into force, the Act has been amended several times. The act applies to the terrestrial environment and inland waters.

According to the Act, Scottish Natural Heritage (SNH) is a regulator of the Wild and Countryside Act and is legally responsible for Sites of Special Scientific Interest (SSSIs) and to enforce law when necessary.

It is important to note that specific amendments, which only apply in Scotland due to devolution, have been made to the Act.

Implications/ Comments: The SEA should reflect objectives to value, protect and enhance biodiversity.

Source: The Conservation (Natural Habitats, &c.) Regulations 1994^[210]

Key Objectives: The Act amends the Wildlife and Countryside Act 1981 for Scotland. The Act, together with the Nature Conservation (Scotland) Act 2004, implements the EU Birds and Habitats Directives.

Implications/ comments: The SEA should reflect objectives to value, protect and enhance biodiversity.

Source: Nature Conservation (Scotland) Act 2004^[211]

Key objectives: The Act amends the Wildlife and Countryside Act 1981 for Scotland and makes provision for the further conservation of biodiversity. The Act requires the Scottish Government to report on progress in relation to the Scottish Biodiversity Strategy.

Implications/ comments: The SEA should reflect objectives to protect biodiversity and the natural environment.

Source: Wildlife and Natural Environment (Scotland) Act 2011 (as amended)^[212]

Key objectives:  The Act amends the Wildlife and Countryside Act 1981 for Scotland. The Act mainly changed the way land and the environment is managed in Scotland e.g., it made operational changes to how SSSIs are managed.

Implication/ comments: The SEA should reflect objectives to protect and enhance designated biodiversity areas.

Source: The Conservation of Offshore Marine Habitats and Species Regulations 2017^[213]

Key objectives: The Regulations form the legal basis for the implementation of the Habitats Directive and the Bird Directive in terrestrial areas and territorial waters.

Implication/ comments: The SEA should reflect objectives to value, protect and enhance marine habitats and species.

National (policies, Plans, Programmes and Strategies)

Source: UK Post-2010 Biodiversity Framework (JNCC, 2012)^[214]

Key objectives: The Framework shows how the work of the four UK countries joins up with work at a UK level to achieve the ‘Aichi Biodiversity Targets’ and the aims of the EU biodiversity strategy. The Framework identifies the following strategic goals:

• Address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society.
• Reduce the direct pressures on biodiversity and promote sustainable use.
• Improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity.
• Enhance the benefits to all from biodiversity and ecosystems.
• Enhance implementation through participatory planning, knowledge management and capacity building.

Implications/ comments: The SEA should reflect objectives to value, protect and enhance biodiversity.

Source: Scotland’s Biodiversity: It’s in Your Hands (Scottish Executive, 2004)^[215]

8.5 Key objectives: Scotland’s Biodiversity: It’s in Your Hands presents a 25 year strategy (until 2030) for the conservation and enhancement of Scotland’s biodiversity. It sets out a number of outcomes in relation to;

• Species and habitats
• People
• Landscapes and Ecosystems
• Integration and Co-ordination
• Knowledge

Implications/ comments: The SEA should reflect objectives to value, protect and enhance biodiversity.

Source: 2020 Challenge for Scotland’s Biodiversity – A Strategy for the conservation and enhancement of biodiversity in Scotland (The Scottish Government, 2013)^[216]

Key objectives: The aims of the 2020 Challenge are in line with the targets set by the aforementioned United Nations Convention on Biological Diversity (2010) and the European Union’s Biodiversity Strategy for 2030, and include:

• Protect and restore biodiversity on land and in Scotland’s Sas
• Involve and engage people in decisions about the environment
• Promote sustainable economic growth
• The 2020 Challenge and the ‘Scotland’s Biodiversity: It’s in Your Hands’ together make up the Scottish Biodiversity Strategy.

Implications/ comments: The SEA should reflect objectives to value, protect and enhance biodiversity.

Source: Biodiversity strategy to 2045: tackling the nature emergency in Scotland^[217]

Key objectives: Biodiversity strategy to 2045: tackling the nature emergency in Scotland – sets out the ambition for Scotland to be Nature Positive by 2030, and to have restored and regenerated biodiversity across the country by 2045

Implications/ comments: The SEA should reflect objectives to value, protect and enhance biodiversity.

Population and Human Health

International

Source: International Health Regulations, 2005^[218]

Key objectives: The International Health Regulations provide a legal instrument for upholding global public health security by preventing and responding to acute public health risks. The Regulations require countries to report certain disease outbreaks and public health risks to the World Health Organisation.

Implications/ comments: The SEA should reflect the objective that acknowledges the potential health hazards that could be caused by the different development types.

National legislation

Source: Public Health etc. (Scotland) Act 2008^[219]

Key objectives: The Act updates the law on public health, enabling Scottish Ministers to protect public health. It also makes provision for law on statutory nuisances.

Implications/ comments: The SEA should reflect objectives to protect public health.

National (policies, Plans, Programmes and Strategies)

Source: National Performance Framework^[220]

Key objectives: The main purpose of the National Performance Framework is to promote sustainable economic growth by setting out a measurement set that can be used to determine the extent to which key targets are being fulfilled. It sets seven broad targets in relation to:

• Growth – stimulating economic growth
• Productivity – improving productivity
• Participation – improving economic participation
• Population – increase population growth
• Solidarity – reduce income equality
• Cohesion – reduce inequalities in economic participation
• Sustainability – reduce greenhouse gas emissions

Implications/ comments: The SEA should reflect objective to promote the principles of sustainable economic growth.

Source: Scotland’s Third Land Use Strategy 2021-2026^[221]

Key objectives: Scotland’s Third Land Use Strategy 2021-2026 sets out our vision, objectives and policies to achieve sustainable land use. The strategy covers the next five years and aims to provide a more holistic understanding of our land the demands we place upon it and the benefits we get from our land.

Implications/ comments: The SEA should reflect objective to support sustainable land use.

Source: Scotland's Public Health Priorities (Scottish Government, 2018)^[222]

Key objectives: Sets out the six public health priorities for Scotland and how they are to be developed. The 6 priorities are:

• A Scotland where we live in vibrant, healthy and safe places and communities
• A Scotland where we flourish in our early years
• A Scotland where we have good mental wellbeing
• A Scotland where we reduce the use of and harm from alcohol, tobacco and other drugs
• A Scotland where we have a sustainable, inclusive economy with equality of outcomes for all
• A Scotland where we eat well, have a healthy weight and are physically active

Implications/ comments: The SEA should reflect objectives which support Scotland’s public health priorities.

Source: Tackling Fuel Poverty in Scotland: A Strategic Approach 2021^[223]

Key objectives: The fuel poverty strategy sets out policies and proposals for national government, local authorities and third sector partners to help meet the targets set out in the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019.

Implications/ comments: The SEA should reflect objectives which support tackling fuel poverty.

Source: A National Mission with Local Impact: Infrastructure Investment Plan for Scotland 2021-22 to 2025-26 (2021)^[224]

Key objectives: The Infrastructure Investment Plan outlines a coherent, and strategic approach to delivering our National Infrastructure Mission. The Plan demonstrates the vital role infrastructure has to play in helping businesses and communities to adapt and recover from the COVID-19 pandemic.

Implications/ comments: The SEA should reflect objectives which supports delivering the National Infrastructure Mission.

Source: Social Housing Net Zero Heat Fund - development funding invitation 2022^[225]

Key objectives: Information and guidance notes for the Social Housing Net Zero - Development Funding Invitation.

Implications/ comments: The SEA should reflect objectives which supports net zero housing.

Climatic Factors

International

Source: IPCC’s Sixth Assessment Report on Climate Change (2022)^[226]

Key objectives: To limit and/or reduce all greenhouse gas emissions which contribute to climate change

Implications/ comments: IPCC’s Sixth Assessment Report on Climate Change (2022)

Source: The Cancun Agreement- UNFCC (2011)^[227]

Key objectives: Shared vision to keep global temperature rise to below two degrees Celsius, with objectives to be reviewed as to whether it needs to be strengthened in future on the basis of the best scientific knowledge available.

Implications/ comments: The Cancun Agreement- UNFCC (2011)

Source: Paris Agreement (United Nations 2015)^[228]

Key objectives: The main aim of the Paris Agreement centres on keeping global temperature rise this century below 2°C above preindustrial levels. Frameworks are to be put in place to help achieve these goals.

Implications/ comments: Paris Agreement (United Nations 2015)

Source: The Kyoto Protocol to the UNFCCC (1997)^[229]

Key objectives: The Kyoto Protocol to the UNFCCC established the first policy that actively aims to reduce greenhouse gas emissions by industrialised countries.

Implications/ comments: The Kyoto Protocol to the UNFCCC (1997)

National legislation

Source: The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019^[230]

Key objectives: The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 ("The Fuel Poverty Act") was introduced in 2019. Alongside the increased funding, work to decarbonise our homes and buildings will be led and co-ordinated by a new-dedicated National Public Energy Agency, to be established by 2025. A virtual agency will be in place and will act first to coordinate and then accelerate existing- and new-delivery programmes as part of the transition process

Implications/ comments: The Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019

Source: Climate Change (Scotland) Act 2009^[231]

Including amendments made by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019^[232]

Key objectives: The 2009 Act sets statutory targets for the reduction of greenhouse gas emissions and makes further provision about energy efficiency and about the reduction and recycling of waste. The Act set an interim 42 percent reduction target by 2020 and an 80 percent reduction target for 2050. In 2019, the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 amended these reduction targets to a 56% reduction by 2020, 75% reduction by 2030, 90% reduction by 2040 and achieving net-zero emissions by 2045. Secondary legislation has been made under the Climate Change (Scotland) Act 2009, including:

• The Climate Change (Annual Targets) (Scotland) Order 2010: sets emission reduction targets for 2010-2022
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2010: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2010-2012
• The Carbon Accounting Scheme (Scotland) Regulations 2010: establish a scheme for monitoring compliance with annual reduction targets for 2010-22 (as amended in 2015 and 2016)
• The Climate Change (International Aviation and Shipping) (Scotland) Order 2010: establish a method by which emissions of greenhouse gases from international aviation and international shipping that are attributable to Scotland are calculated.
• The Climate Change (Annual Targets) (Scotland) Order 2011: sets emission reduction targets for 2023-2027
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2011: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2023-2027
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2010: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2013-2017
• The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015: requires bodies to prepare reports on compliance with climate change duties
• The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015: adds nitrogen trifluoride as an additional greenhouse gas listed in the Climate Change (Scotland) Act 2009
• The Climate Change (Annual Targets) (Scotland) Order 2016: sets annual reduction targets for 2028-2032
• The Climate Change (Limit on Carbon Units) (Scotland) Order 2016: places a limit on the amount of carbon units that may be credited to net Scottish Emissions for the period 2018-2022
• Part 5 of the Climate Change (Scotland) Act 2009 also includes secondary legislation in relation to the energy performance of buildings and the functions of forestry commissioners.

Implications/ comments: Climate Change (Scotland) Act 2009

Including amendments made by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019

Source: Heat Networks (Scotland) Act 2021^[233]

Key objectives: The Heat Networks (Scotland) Act 2021 (the Act) received Royal Assent in February 2021.

The Act aims to accelerate the deployment of heat networks in Scotland through the introduction of a regulatory system aimed at boosting consumer confidence in the sector and providing greater certainty for investors.

The Act sets statutory targets for heat network deployment in 2027 and 2030, which are equivalent to an estimated 120,000 and 650,000 additional homes being connected to heat networks. This helps it to contribute to the achievement of the targets and ambition set out in Scotland's 2018 to 2032 climate change plan.

Implications/ comments: Heat Networks (Scotland) Act 2021

National (policies, Plans, Programmes and Strategies)

Source: Climate Change Plan 2018

Including the Update to the Climate Change Plan 2020^[234]

Key objectives: The Climate Change (Scotland) Act 2009 requires that Ministers publish a report setting out policies and proposals to meet annual targets. With the publication of the Climate Change Plan (2018), the Scottish Government aims to meet its emission reduction targets over the period 2018-2032. The Climate Change Plan sits alongside the Scottish Government’s Energy Strategy, and provides the strategic framework for our transition to a low carbon Scotland. Building on previous reports on policies and proposals, the Plan sets out the path to a low carbon economy while helping to deliver sustainable economic growth and secure the wider benefits to a greener, fairer and healthier Scotland in 2032.

The third Climate Change Plan provides policies and proposals to reduce GHG emissions from seven key sectors, including: electricity; buildings; transport; industry; waste and the circular economy; land use, land use change and forestry; and agriculture.

The update to the Climate Change Plan, published in 2020, committed to lay out a coordinated vision for the whole energy system within Scotland's refreshed energy strategy as well as ensuring the targets within the 2017 Energy Strategy remain on track. This update also provided a detailed, clear and credible pathway to meeting emissions targets over the period to 2032.

Following the amendments to emissions reduction targets by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019, the Scottish Government committed to updating the climate change plan (2020). The new plan continues to drive progress towards the current emissions reduction target of net-zero b 2045. The plan includes an additional sector, negative emissions technologies.

Implications/ comments: The SEA should reflect objectives to adapt and mitigate climate change and support the reduction of greenhouse gas emissions.

Source: The Third Scottish National Adaptation Plan (SNAP3)^[235]

Key objectives: The third Scottish National Adaptation Plan addresses the risks set out in the third CCRA. It sets out the actions to be taken to make Scotland’s public services, communities, natural environment and economy more resilient to the impacts of climate change.

Implications/ comments: The SEA should reflect objectives to adapt and mitigate climate change, and support the reduction of greenhouse gas emissions.

Source: Progress in reducing emissions in Scotland – 2023 Report to Parliament^[236]

Key objectives: This report reviews Scotland’s targets for estimating emissions since previous target advice. The report assesses Scotland’s progress in emission reduction in the last year and provides adaptation recommendations surrounding:

• A target of 65-67% reduction in Scotland’s emissions by 2030.
• Drives action based on its vision for a well-adapted Scotland.
• Urgently improve monitoring and evaluation.
• Raises the level of adaptation response

Implications/ comments: The SEA should reflect objectives to adapt and mitigate climate change, and support the reduction of greenhouse gas emissions.

Source: Climate Ready Scotland: Scottish Climate Change Adaptation Programme 2019-2024^[237]

Key objectives: Addresses the impacts identified for Scotland in the UK Climate Change Risk Assessment (CCRA) published under section 56 of the UK Climate Change Act 2008. It aims to increase the resilience of Scotland’s people, environment and economy to the impacts of a changing climate.

Implications/ comments: The SEA should reflect objectives to mitigate the effects of climate change.

Source: Climate Emergency Skills Action Plan (CESAP) (2020)^[238]

Key objectives: Published in December 2020, the Climate Emergency Skills Action Plan sets out the government’s plan to maximise the transition to net-zero for Scotland ensuring that Scotland’s workforce has the skills required to make the transition to net-zero a just transition, fair and inclusive to all.

It will act as a driver towards Scotland’s ambition to be a world leader in decarbonisation, aiming to reduce reach zero greenhouse gases by 2045, with an interim reduction of 45 per cent by 2030.

It sets out a clear direction for the changes needed in the skills system, and signals the role that industry, communities and individuals across Scotland will play in achieving this.

Implications/ comments: The SEA should reflect objectives to support the transition to net zero.

Source: Hydrogen Action Plan 2022^[239]

Key objectives: Scottish Government’s Hydrogen Action Plan articulates the actions that will be taken over the next five years to support the development of a hydrogen economy to further our efforts to reduce greenhouse gas emissions from Scotland’s energy system while ensuring a just transition.

Implications/ comments: The SEA should reflect the objectives to support the development of a hydrogen economy.

Source: Hydrogen Policy Statement 2020^[240]

Key objectives: The Statement sets out a vision for Scotland to become a leading hydrogen nation in the production of reliable, competitive, and sustainable hydrogen. It recognises the importance of hydrogen in the transition to renewable energy. The policy statement outlines the commitments of the Scottish Government to help achieve hydrogen production.

Implications/ comments: The SEA should reflect objectives to support the reduction of greenhouse gas emissions.

Source: Energy Strategy Position Statement 2021^[241]

Key objectives: The Scottish Government’s Energy Strategy position statement, published in March 2021, provided an overview of the Scottish Government’s key short-to-medium-term priorities, set out a comprehensive programme of work across the energy sector as well as an overview of the Scottish Government’s commitment to ensuring a green economic recovery in respect to energy. It also summarised policy publications and consultations.

The UK Government published their energy security strategy in April 2022, which will need to be taken into consideration for Scotland’s Energy Strategy

Implications/ comments: The SEA should reflect objectives to support the transition to net zero through changes to the energy sector.

Source: Scotland's electricity and gas networks: vision to 2030 (2019)^[242]

Key objectives: In 2019, the Scottish Government published Scotland's electricity and gas networks: vision to 2030, supporting an inclusive transition to a decarbonised energy system; a whole system approach across heat, transport and electricity; and smarter local energy models. It recognises that new transmission infrastructure will be required, including links to meet the needs of the islands, within Scotland and with the rest of the UK.

Implications/ comments: The SEA should reflect objectives to support the transition to a decarbonised energy system.

Source: Heat in Buildings Strategy 2021^[243]

Key objectives: The Heat in Buildings Strategy, published October 2021, sets out our vision for the future of heat in buildings, and the actions we are taking in the buildings sector to deliver our climate change commitments, maximise economic opportunities, and ensure a just transition, including helping address fuel poverty. This Strategy outlines the steps we will take to reduce greenhouse gas emissions from Scotland’s homes, workplaces and community buildings and to ensure that we remove poor energy performance as a driver of fuel poverty. The focus of this Strategy is on energy demand for space and water heating in homes, workplaces and community buildings. This Strategy sets out a pathway to zero emissions buildings by 2045 and details a series of near-term actions to put us on a clear path towards this, as well as a range of further, longer-term commitments to accelerate the transformation of the nation’s building stock. It sets out the principles we will apply to ensure our zero emissions heat delivery programmes support the fuel poverty objectives.

Implications/ comments: The SEA should reflect objectives to support the transition to zero emissions buildings.

Source: A Low Carbon Economic Strategy for Scotland – Scotland A Low Carbon Society 2010^[244]

Key objectives: The main purpose of the Low Carbon Economic Strategy is to achieve the targets as set out in the Climate Change (Scotland) Act 2009, as amended.

The document provides a comprehensive framework for developing a low carbon economy across Scotland. The strategy sets out measures that could be undertaken by Parties to cut their greenhouse gas emissions. This vision relates to the energy sector, the built environment, Scotland’s resources and businesses.

Implications/ comments: The SEA should reflect objectives to support the reduction of greenhouse gas emissions

Source: Programme for Government 2024 – 25: Serving Scotland^[245]

Key objectives: One of the key national missions is to build a fair, green and growing economy through the clean energy transition and growth of green jobs.

Implications/ comments: The SEA should reflect objectives to support the green economy.

Source: The Scottish Energy Strategy 2017^[246]

Key objectives: Scotland’s Energy Strategy sits alongside the aforementioned Climate Change Delivery Plan. Three key themes underpin the Strategy;

• A whole-system view in which energy supply and consumption are seen as equal priorities
• A stable energy transition towards renewable energies and sustainable transport
• A smarter model of local energy provision which promotes local energy, community involvement and community ownership of energy generation

Implications/ comments: The SEA should reflect objectives to adapt to and mitigate climate change.

Source: Draft Energy Strategy and Just Transition Plan (2023)^[247]

Key objectives: This strategy sets out clear policy positions and a route map of actions with a focus out to 2030 which set out our vision for an energy system which delivers affordable, resilient and clean energy supply. It outlines steps to secure a just transition that benefits all of Scotland's communities and sets an ambition for more than 20 GW of additional low-cost renewable electricity generation capacity by 2030. Also by 2030 there are aims that the vast majority of off-gas homes that currently use high emissions oil, LPG and solid fuels, as well as at least 1 million homes currently using mains gas, convert to zero emissions heating and have committed to reduce car kilometres by 20%.

It also set out that although Negative Emissions Technologies (NETs), such as BECCS, will be critical for reaching net zero.

Implications/ comments: Draft Energy Strategy and Just Transition Plan (2023)

Source: Scottish Emissions Targets 2028-2032 – The high ambition pathway towards a low-carbon economy 2016^[248]

Key objectives: Sets out recommendations by the Committee on Climate Change which involves the following;

• Significant rollout of low-carbon heat pumps and heat networks
• Promoting sales of electric cars
• Stimulating afforestation in Scotland

Expanding renewable power and shutdown of coal-fired power

Implications/ comments: The SEA should reflect objectives to reduce greenhouse gas emissions.

Source: Energy Efficient Scotland: route map^[249]

Key objectives: This route map for the Energy Efficient Scotland programme sets out the journey our homes, businesses and public buildings will take to become more energy efficient.

Implications/ comments: The SEA should reflect objectives to ensure homes and buildings are more energy efficient

Source: Offshore Wind Policy Statement 2020^[250]

Key objectives: The Offshore Wind Policy Statement was published October 2020. Scottish offshore wind generation will play a vital part in helping us meet this challenge, while taking into account wider environmental factors and the interests of other users of the sea. This needs to happen within timeframes that keep us on course for Scotland's 2045 and interim emissions reduction targets and securing our 2030 target of meeting at least 50% of Scotland's total energy needs from renewable sources.

Implications/ comments: The SEA should reflect objectives to support continued use of offshore wind.

Source: Onshore Wind Policy Statement 2022^[251]

Key objectives: The Onshore Wind Policy Statement was published in December 2022. The transition to net zero means that our demand for green electricity will increase substantially over the course of the next decade. This means that a consistently higher rate of onshore wind and other renewables capacity will be required year on year. The onshore wind policy statement, confirms the Scottish Government ambition to deploy 20 GW of installed onshore wind capacity by 2030. This will be enabled in part by a strong, supportive policy environment from the Scottish Government, particularly one that mitigates preventable barriers. The Climate Change Plan Update noted the need to develop 11-16GW of renewable capacity through to 2032.

Implications/ comments: The SEA should reflect objectives to support continued use of onshore wind.

Source: Sectoral Marine Plan for Offshore Wind Energy 2020^[252]

Key objectives: Sets out the spatial framework for the development of commercial-scale offshore wind energy in Scotland.

Implications/ comments: The SEA should reflect objectives to reduce greenhouse gas emissions, minimise negative impacts to population and human health; biodiversity; soils; water quality; landscape and coastal environment; and, historic environment.

Source: Delivering Scotland’s circular economy: A Route Map to 2025 and beyond’ 2022^[253]

Key objectives: Through this consultation we set out our proposals for a Route Map to 2025, our strategic plan to deliver Scotland’s zero waste and circular economy ambitions. This consultation invites views on the proposed priorities and actions to reach our waste, recycling and emissions reduction targets.

Implications/ comments: The SEA should reflect objectives to support the circular economy.

Source: Big Climate Conversation^[254]

Key objectives: The Big Climate Conversation engaged over 2,500 people in Scotland over a six-month period up to November 2019, in a discussion about Scotland’s response to tackling the global climate emergency. Cross cutting issues which emerged included:

• A holistic and system-wide approach requiring an integrated plan.
• Government leadership ensuring that low carbon behaviours become the most convenient or only option.
• A just transition to ensure that action to address climate change should not exacerbate inequalities and where possible, should reduce them.

Implications/ comments: The SEA should reflect objectives to reduce greenhouse gas emissions.

Source: Zero Emission Energy for Transport Report 2022^[255]

Key objectives: The Zero Emission Energy for Transport Report was published on 26 May 2022. Transport Scotland is committed to removing greenhouse gas emissions from the transport system. The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 requires Scotland to reduce greenhouse gas emissions to net-zero by 2045, with an interim reduction target of 75% against 1990 levels by 2030. Transport is one of the biggest ‘demand sectors’ of energy, and neither the energy nor transport sectors can decarbonise without the other in sync.

Implications/ comments: The SEA should reflect objectives to reduce greenhouse gas emissions from transport.

Source: Scotland's National Strategy for Economic Transformation 2022^[256]

Key objectives: Sets out the priorities for Scotland’s economy as well as the actions needed to maximise the opportunities of the next decade to achieve our vision of a wellbeing economy.

Implications/ comments: The SEA should reflect objectives for a thriving economy across the economic, social and environmental dimensions. This includes delivering a fairer and more equal society.

Source: Programme for Government 2024 – 25: Serving Scotland^[257]

Key objectives: The programme sets out Scottish Governments plans to make Scotland a more successful country, with opportunities and increased well-being for all. Within the context of the global climate emergency it sets out that the Scottish Government is committed to achieving net zero by 2045. The importance of adaption to prepare and manage the impacts of climate change is also set out.

Implications/ comments: The SEA should reflect objectives to reduce greenhouse gas emissions.

Source: Energy Consumer Action Plan: Putting Consumers at the heart of Scotland’s Energy Transition 2019^[258]

Key objectives: Energy Consumer Action Plan sets out our commitment to ensure consumers are at the heart of Scotland's energy transition.

Implications/ comments: The SEA should reflect objectives to support the energy transition.

Source: Heat networks delivery plan 2022^[259]

Key objectives: The delivery plan sets out how provisions of the Heat Networks Scotland Act 2021 and wider policy will contribute to increasing heat networks in Scotland.

Implications/ comments: The SEA should reflect objectives to support heat networks.

Source: Potential heat network zones: first national assessment 2022^[260]

Key objectives: Analysis to identify and characterise potential zones for heat networks in Scotland. It provides further detail on the analysis criteria, assessment methodology, limitations, definitions and the interpretation of the outputs.

Implications/ comments: The SEA should reflect objectives to support heat networks.

Source: Heat Network Fund: application guidance 2023^[261]

Key objectives: Information on Scotland's Heat Network Fund, including eligibility and how to apply.

Implications/ comments: The SEA should reflect objectives to support heat networks.

Source: Bioenergy: update - March 2021^[262]

Key objectives: The update considers the potential role for bioenergy to support our net zero greenhouse emissions targets and outlines how we intend to move forward over the next 18 to 24 months to understand the most appropriate and sustainable use of bioenergy resources in Scotland.

Implications/ comments: The SEA should reflect objectives to support bioenergy.

Source: Bioenergy - Draft policy statement: consultation^[263]

Key objectives: This Draft policy statement sets out the parameters to be considered when setting bioenergy use now and in the future. It sets out what the Scottish Government thinks the priority uses of bioenergy are and the potential domestic biomass supply that could be available as feedstock for energy production. It examines how available domestic biomass feedstock could be increased by planting energy crops. It also acknowledges the potential constraints on the use of bioenergy, the importance of having strict sustainability criteria and that biomass feedstock production and use should facilitate key sustainable development goals.

Implications/ comments: The SEA should reflect objectives to support bioenergy.

Source: The Net Zero Strategy: Build Back Greener (2021)^[264]

Key objectives:

• The strategy sets out policies and proposals for decarbonising all sectors of the UK economy to meet net zero targets by 2050. It sets out strategies to keep the UK on track with carbon budgets, outlines the National Determined Contribution (NDC) and sets out the vision for a decarbonised economy in 2050. Its focus includes:
• Policies and proposals for reducing emissions across the economy in key sectors (power, fuel supply and hydrogen, industry, heat and buildings, transport, natural gas and waste); and
• Policies and proposals for supporting transition across the economy through innovation, green investment, green jobs, embedding net-zero in government, local climate action, empowering people and businesses

Implications/ comments: The SEA should reflect objectives to support net zero.

Source: The UK Low Carbon Transition Plan: National Strategy for Climate and Energy^[265]

Key objectives:  Sets out a five-point plan to tackle climate change. The points are as follows: protecting the public from immediate risk, preparing for the future, limiting the severity of future climate change through a new international climate agreement, building a low carbon UK and supporting individuals, communities and businesses to play their part.

Implications/ comments: The SEA should reflect objectives to support the low carbon transition.

Source: The Carbon Budget Delivery Plan^[266]

Key objectives: The Plan explains how the government intends to meet its legally-binding climate goals, setting out a package of quantified and unquantified proposals and policies, and associated timescales and delivery risks this also includes:

• wider matters in connection with carbon budgets
• the contribution of these proposals and policies to sustainable development
• the impact the package has on sectors of the economy

Implications/ comments: The Carbon Budget Delivery Plan

Air

International

Source: UNECE Convention on Long Range Transboundary Air Pollution (1979) (Updated)^[267]

Key objectives: The purpose of the UNECE Convention was to address the environmental consequences of air pollution. The main aim of the Convention was to reduce and prevent air pollution in order to improve air quality on the local, regional and national levels. To achieve this, the Convention sets out measures to be taken by parties to cut their emissions of air pollutions.

The UNECE Convention has been extended by eight other protocols that identify measures to be undertaken by Parties to cut their emissions of air pollutants. These eight protocols include the following:

• EMEP Protocol on Long-Term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-Range Transmission of Air Pollutions in Europe (1984)
• Helsinki Protocol on the Reduction of Sulphur Emissions (1985)
• Nitrogen Oxide Protocol (1988)
• Volatile Organic Compounds Protocol (1991)
• Oslo Protocol on Further Reduction of Sulphur Emissions (1994)
• Protocol on Heavy Metals (1998)
• Aarhus Protocol on Persistent Organic Pollutants (1998)
• Gothenburg Protocol on Abate Acidification, Eutrophication and Ground-level Ozone (1999)

Implications/ comments: The SEA should reflect the objectives to protect and enhance air quality from factors such as eutrophication and acidification

National legislation

Source: The Environment Act 1995^[268]

Key objectives: The Act requires the UK government and devolved administrations to produce a national air quality strategy. The most recent version of this national air quality strategy is The Air Quality Strategy for England Scotland Wales and Northern Ireland which defines the roles of the local and central government, as well as the Scottish Environment Protection Agency (SEPA), industry, business, transport, individuals and other groups.

In addition, the Act sets objectives for specific emissions and measures for monitoring. Where limits are not met, the local authority must declare it an Air Quality Management Area (AQMA)

Implications/ comments: The SEA should reflect the objective for reducing air pollution.

Source: The Air Quality (Scotland) Regulations 2000^[269]

As amended by the Air Quality (Scotland) Amendment Regulations 2002 and the Air Quality (Scotland) Amendment Regulations 2016^[270]

Key objectives: Sets out air quality objectives for several substances in line with the Environment Act 1995. In contrast to EU requirement, Scotland has set stricter levels for specific pollutants including PM10 and PM2.5.

Implications/ comments: The SEA should reflect the objective for reducing air pollution.

Source: The Air Quality Standards (Scotland) Regulations (2010)^[271]

Key objectives: Sets statutory targets for concentrations of pollutants in ambient air in accordance with EU Directives. The Act allows for Air Quality Management Zones to be identified and makes provision for the sharing of this information with the public.

The Regulations were amended through The Air Quality Standards (Scotland) Amendment Regulations 2016.

Implications/ comments: The SEA should reflect the objective for reducing air pollution.

Source: Pollution Prevention and Control (Scotland) Regulations 2012^[272]

Key objectives: Implements the requirements of the EU Industrial Emissions Directive in Scotland. The Act states that emissions to air, water and land must be considered together, and permits are considered based on the nature of the activity.

The Act has been amended several times since 2012.

Implications/ comments: The SEA should reflect the objective for reducing air pollution.

National (policies, Plans, Programmes and Strategies)

Source: The Air Quality Strategy for England Scotland Wales and Northern Ireland (2011)^[273]

Key objectives: The key objective of the strategy is to improve and protect ambient air quality in the UK, with the overall aim of health protection. The strategy sets out key objectives and monitoring recommendations for specific emissions.

Implications/ comments: The SEA should reflect the objective for reducing air pollution, particularly in relation to health protection.

Source: Cleaner Air for Scotland – The Road to a Healthier Future (the Scottish Government, 2015)^[274]

Key objectives: Presents a single framework which sets out further proposals for delivering improvements to air quality in Scotland.

It summarises six broad types of key actions that could help to reduce air pollution and improve air quality;

• Transport – reducing transport emissions by promoting active travel and/or low and zero emission fuels
• Legislation and Policy – comply with Scottish legal requirements
• Communication – inform and engage citizens
• Health – protecting citizens from air pollution
• Placemaking – minimise air pollution through appropriate design
• Climate Change – achieve Scotland’s renewable targets

Implications/ comments: The SEA should reflect the objective for reducing air pollution and promote active/sustainable travel.

Soil

National legislation

Source: Environmental Protection Act 1990 (as amended)^[275]

Key objectives: Sets out legislation for the management and remediation of contaminated land that in its current states, is causing or has the potential to cause significant pollution of the environment.

Implications/ comments: The SEA should reflect objectives to protect soil quality.

Source: Contaminated Land (Scotland) Regulations 2000^[276]

Key objectives: Provides a detailed framework for the definition, identification and remediation of contaminated land.

Implications/ comments: The SEA should reflect objectives to protect soil quality.

National (policies, Plans, Programmes and Strategies)

Source: The Scottish Soil Framework (The Scottish Government, 2009)^[277]

Key objectives: The Soil Framework sets out a vision for the enhancement and protection of soil consistent with the economic, social and environmental needs of Scotland. The Framework identifies 13 key outcomes, as follows:

• Protecting and enhancing soil organic matter
• Reducing soil erosion
• Maintaining soil structure
• Reduce greenhouse gas emissions from soils
• Protecting soil biodiversity
• Ensuring that soils contribute to sustainable flood management
• Enhancing water quality through sustainable soil management
• Enhancing soil’s productive capacity
• Reducing soil contamination
• Reducing pressure on greenfield land and redirect development to brownfield sites where appropriate
• Protecting soils with significant historical and cultural features
• Enhancing knowledge base
• Promoting effective coordination between stakeholders

Implications/ comments: The SEA should reflect objectives to protect soils and minimise soil pollution.

Source: Scotland’s National Peatland Plan

Working for our future (Scottish Natural Heritage, 2015)^[278]

Key objectives: This plan sets out proposals for the sustainable use, protection, management and restoration of Scotland’s peatlands.

It identifies the following outcomes:

• Protect those areas of peatland currently in good condition and supporting their potential range of ecosystem functions;
• Enhance ecosystem resilience to climate change through appropriate management;
• Restore peatland ecosystem functions and biodiversity, evaluating and understanding the benefits to help inform future decisions;
• Secure greater peatland restoration capabilities and understanding of these amongst land managers, developers, advisers and the public;
• Ensure peatland values are reflected in the support given to those who manage and restore them; and
• Demonstrate and communicate the wider public benefits of healthy peatland landscapes and peatland restoration.

Implications/ comments: The SEA should reflect objectives to protect and promote sustainable use and management of peatlands.

Water

International

Source: Convention on the Law of the Sea (1982)^[279]

Key objectives: Defines the rights and responsibilities of national in their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of natural resources.

Implications/ comments: The SEA should reflect objectives to protect and enhance the water environment.

National legislation

Source: Marine (Scotland) Act 2010^[280]

Key objectives: The Act provides a framework which will help balance the competing demands of Scotland's seas. It introduces a duty to protect and enhance the marine environment and includes measure to help boost economic investment and growth in areas such as marine renewables. The main measures include:

• Marine Planning - a new statutory marine planning system to sustainably manage the increasing, and often conflicting, demands on Scotland's seas
• Marine Licencing - a simpler licensing system, minimising the number of licences required for development in the marine environment to cut bureaucracy and encourage economic investment
• Marine Conservation - improved marine nature and historic conservation with new powers to protect and manage areas of importance for marine wildlife, habitats and historic monuments
• Conservation - much improved protection for seals and a new comprehensive licence system to ensure appropriate management when necessary
• Enforcement – a range of enhanced powers of marine conservation and licensing

Implications/ comments: The SEA should reflect objectives to protect and enhance the marine environment.

Source: Bathing Waters (Scotland) Regulations 2008^[281]

Key objectives: The Act implements the EU Bathing Water Quality Directive.

Implications/ comments: The SEA should reflect objectives that relate to flood management and reduction of risk.

Source: Flood Risk Management (Scotland) Act 2009^[282]

Key objectives: The Act requires local authorities to assess bodies of water to determine potential flood risk and carry out measures if required. The Act implements the EU Floods Directive.

Implications/ comments: The SEA should reflect objectives that relate to flood management and reduction of risk.

Source: Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended)^[283]

Key objectives: Provides a regulatory framework for controlling activities which could have an adverse effect on Scotland’s water environment including abstraction, impoundments, dredging, impoundments, surface water drainage and pollution.

The primary objective of the Regulations is to protect and restore Scotland’s water environment.

Implications/ comments: The SEA should reflect objectives to protect and restore the water environment.

Source: Water Environment and Water Services (Scotland) Act 2003^[284]

Key objectives: The Water Environment and Water Services (Scotland) Act 2003 is the enabling legislation for the Water Framework Directive and makes major changes to the administration of water and sewerage provision in Scotland.

It identifies the Scottish Environmental Protection Agency (SEPA) as the competent authority. Part 1 makes provision for protection of the water environment, whilst Part 2 deals with water and sewerage services.

Implications/ comments: The SEA should reflect objectives to protect the water environment.

Source: Water Environment (Miscellaneous) (Scotland) Regulations 2017^[285]

Key objectives: The Regulations amend existing general binding rules and introduces requirements for particular projects to have a construction license in place before works can commence.

Implications/ comments: The SEA should reflect sustainability objectives to protect the natural environment.

Source: The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017^[286]

Key objectives: Provides a regulatory framework for flood risk management amending the previous regulations made in 2009.

Implications/ comments: The SEA should reflect sustainability objectives to relate to flood management and reduction of risk.

National (Policies, Plans, Programmes and Strategies)

Source: National Marine Plan 2015^[287]

Key objectives: The plan covers the management of both Scottish inshore waters (out to 12 nautical miles) and offshore waters (12 to 200 nautical miles). It also applies to the exercise of both reserved and devolved functions. It provides guidance to decision-makers and users within Scotland’s marine environment.

Implications/ comments: The SEA should reflect sustainability objectives to protect the sustainable use of the marine environment.

Source: SEPA Draft River Basin Management Plans Scotland River Basin District 2021-2027^[288]/ Solway Tweed River Basin District 2021^[289]

Key objectives: Identifies key pressures and environmental impacts on Scottish water bodies, which may be exacerbated by climate change.

Implications/ comments: The SEA should reflect objectives that relate to flood management and reduction of risk.

Source: Scottish Water Net Zero Emissions Routemap^[290]

Key objectives: We are responsible for providing water and waste water services that are essential to everyday life for households and businesses across Scotland; making a critical contribution to the country’s health, wellbeing, economic prosperity and natural environment.

But the changing climate will increasingly threaten our ability to deliver these services. We must therefore adapt our approaches, deal with the climate challenges, and secure the future reliability and sustainability of the country’s water and waste water services. While we must adapt our services to deal with climate change, we must also eliminate the greenhouse gas emissions that are contributing to the climate emergency.

Implications/ comments: The SEA should reflect the Scottish Water Routemap to ensure future reliability and sustainability of water and waste water services.

Source: Scotland’s National Water Scarcity Plan^[291]

Key objectives: The Plan sets out the response to periods of water scarcity in Scotland, anticipated under climate change. It sets out key roles and responsibilities, triggers for action and a hierarchy of responses for different sectors.

Implications/ comments: The SEA will reflect on the impacts of water scarcity.

Cultural Heritage and the Historic Environment

International

Source: European Convention on the Protection of the Archaeological Heritage (Valletta, 1992)

Revision of the 1985 Granada Convention^[292]

Key objectives: Protection of the archaeological heritage, including any physical evidence of the human past that can be investigated archaeologically both on land and underwater.

Creation of archaeological reserves and conservation of excavated sites.

Implications/ comments: The SEA should reflect objectives to protect the archaeological heritage.

Source: UNESCO World Heritage Convention (1972)^[293]

Key objectives: The 1972 World Heritage Convention links together in a single document the concepts of nature conservation and the preservation of cultural properties. The Convention recognises the way in which people interact with nature, and the fundamental need to preserve the balance between the two.

The Convention defines the kind of natural or cultural sites which can be considered for inscription on the World Heritage List. It also sets out the duties of States Parties in identifying potential sites and their role in protecting and preserving them. By signing the Convention, each country pledged to conserve not only the World Heritage sites situated on its territory, but also to protect its national heritage.

Implications/ comments: The SEA Framework should include objectives relating to the conservation and enhancement of cultural heritage and natural heritage.

Source: The Council of Europe Landscape Convention (ETS No. 176), as amended by the 2016 Protocol (CETS No. 219)^[294]

Key objectives: The Council of Europe Landscape Convention (ETS No. 176), as amended by the 2016 Protocol (CETS No. 219), highlights the significance of landscapes as integral to the historic environment and cultural heritage of Europe. It recognises landscapes as living testimonies to the interaction between people and their environments over time, reflecting cultural identity and history. The Convention aims to safeguard these landscapes by promoting their protection, sustainable management, and enhancement, ensuring their cultural and historical values are preserved for future generations. It encourages integrating landscape considerations into cultural heritage policies and fostering public participation and awareness to value and care for the historic and cultural dimensions of landscapes. Additionally, it advocates for cooperation between nations to share expertise and practices in preserving the cultural heritage embedded in landscapes.

Implications/ comments: The SEA Framework should include objectives relating to the conservation and enhancement of cultural heritage, historic environments and landscapes.

National legislation

Source: Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997^[295]

Key objectives: Provides main legislation to:

• list buildings of special architectural or historic interest
• providing requirements in relation to changes affecting listed buildings and conservation areas
• setting out a framework for designating and managing Conservation Areas

Implications/ comments: The SEA should reflect objectives to conserve cultural heritage, particularly in relation to Listed Buildings, Conservation Areas and buildings of special architectural or historic interest.

Source: National Parks (Scotland) Act 2000^[296]

Key objectives: Sets out for main aims for the National Parks of Scotland:

• Conserving and enhancing the natural and cultural heritage of the area
• Promoting sustainable use of the natural resources of the area
• Promoting understanding and enjoyment of the area by the public
• Promoting sustainable economic and social development of the area’s communities

Implications/ comments: The SEA should reflect objectives to conserve cultural heritage in National Parks.

Source: Historic Environment Scotland Act 2014^[297]

Key objectives: The Act established Historic Environment Scotland (HES) as a Non-Departmental Public Body (NDPB). Under the Act, HES will be a statutory consultee in relation to listed buildings and conservation area consents, as well as in relation to EIA.

The Act also amended statutory processes in relation to the historic environment by changing the processes for the designation of sites and buildings (by scheduling and listing) and for consents relating to scheduled monuments, listed buildings and conservation areas.

Implications/ comments: The SEA should reflect objectives to conserve cultural heritage and the wider historic environment.

In addition, the role of Historic Environment Scotland should be taken into account.

Source: The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013^[298]

The Town and Country Planning (Neighbouring Planning Authorities and Historic Environment) (Scotland) Direction 2015^[299]

Key objectives: Both Acts state that Historic Environment Scotland must be consulted on any development affecting a UNESCO World Heritage Site in Scotland.

Implications/ comments: The SEA should reflect objectives to conserve cultural heritage and the wider historic environment.

National (policies, Plans, Programmes and Strategies)

Source: Historic Environment Policy for Scotland (HEPS)^[300]

Key objectives: This policy replaces the 2016 Policy Statement and supports the protection and enhancement of the historic environment, and sets out the principles for designation.

Implications/ comments: The SEA should reflect the principles of the protection and enhancement of the historic environment.

Source: Our Past, Our Future, Scotland's national strategy for the historic environment^[301]

Key objectives: This strategy sets out a national mission to sustain and enhance the benefits of Scotland’s historic environment, for people and communities now and into the future. This strategy targets activity where the historic environment can deliver most benefit for the people of Scotland 2023-2028. Along with outcomes aimed to be achieved, three priority areas for action have been identified:

• Delivering the transition to net zero.
• Empowering resilient and inclusive communities and places.
• Building a wellbeing economy

Implications/ comments: The SEA should reflect the principles of the protection and enhancement of the historic environment.

Source: People, Place and Landscape: A position statement from Scottish Natural Heritage and Historic Environment Scotland^[302]

Key objectives: This position statement emphasises the interconnectedness of Scotland’s landscapes with its historic and cultural identity, recognising landscapes as living representations of the interaction between natural and human factors over time. The statement aims to protect, manage, and sustainably adapt these landscapes to ensure they continue to reflect cultural heritage while supporting local and national identity. It highlights the importance of integrating the cultural dimensions of landscapes into planning and decision-making processes, fostering public engagement, and raising awareness of their historical significance. Additionally, it advocates for collaborative efforts to ensure landscapes remain resilient and vibrant, preserving their cultural and historical values while adapting to challenges like climate change.

Implications/ comments: The SEA should reflect the principles of the protection and enhancement of the historic environment.

Landscape and Geodiversity

National (Policies, Plans, Programmes and Strategies)

Source: Getting the best from our land A Land Use Strategy for Scotland 2021-2026^[303]

Key objectives: The Strategy supports sustainable land use, and recognises the interactions between different interests and land use. The objectives of the strategy include:

• Land-based businesses working with nature to contribute more to Scotland’s prosperity.
• Responsible stewardship of Scotland’s natural resources delivering more benefits to Scotland’s people.
• Urban and rural communities better connected to the land with more people enjoying the land and positively influencing land use.

Implications/ comments: The SEA should reflect the need to support sustainable land use.

Source: Scottish Land Rights and Responsibilities Statement 2022^[304]

Key objectives: This statement sets out 6 principles relating to land rights and responsibilities. It aims to work towards a Scotland with a strong and dynamic relationship between its land and people, where all land contributes to a modern and successful country, and where rights and responsibilities in relation to land are fully recognised and fulfilled. The 6 principles outlined are:

• The overall framework of land rights, responsibilities and public policies should promote, fulfil and respect relevant human rights in relation to land contribute to public interest and wellbeing, and balance public and private interests. The framework should support sustainable economic development, protect and enhance the environment, help achieve social justice and build a fairer society
• There should be a more diverse pattern of land ownership and tenure, with more opportunities for citizens to own, lease and have access to land.
• More local communities should have the opportunity to own, lease or use buildings and land which can contribute to their community’s wellbeing and future development.
• The holders of land rights should exercise these rights in ways that take account of their responsibilities to meet high standards of land ownership, management and use. Acting as the stewards of Scotland’s land resource for future generations they contribute to sustainable growth and a modern, successful country
• There should be improved transparency of information about the ownership, use and management of land and this should be publicly available, clear and contain relevant detail.
• There should be greater collaboration and community engagement in decisions about land

Implications/ comments: The SEA should reflect objectives to promote a strong relationship between Scotland’s land and people.

Source: Scotland’s Forestry Strategy 2019-2029^[305]

Key objectives: The strategy supports an increase in Scotland’s forests and woodlands that will be sustainably managed and better integrated with other land uses. It has 3 main objectives:

• Increase the contribution of forests and woodlands to Scotland’s sustainable and inclusive economic growth
• Improve the resilience of Scotland’s forests and woodlands and increase their contribution to a healthy and high-quality environment
• Increase the use of Scotland’s forest and woodland resources to enable more people to improve their health, well-being and life chances

Implications/ comments: The SEA should reflect objectives to promote an increase in the number and use of forests and woodlands.

Source: Natural Heritage Futures 2002^[306]

Key objectives: This programme aims to guide the sustainable management and use of Scotland's nature and landscapes up until 2025. The programme's six national prospectuses cover:

• farmland
• coasts and seas
• hills and moors
• settlements
• freshwater
• forests and woodlands

And each prospectus describes:

• what is distinctive to each region in Scotland
• a vision for the natural heritage for 2025
• objectives and actions required to pursue that vision.

Implications/ comments: The SEA should reflect objectives to conserve and enhance the landscape and natural environment.

Source: Landscape Policy Framework 2005^[307]

Key objectives: The policy aims to 'safeguard and enhance the distinct identity, the diverse character and the special qualities of Scotland’s landscapes as a whole, so as to ensure tomorrow’s landscapes contribute positively to people’s environment and are at least as attractive and valued as they are today'. The principles of approach are based on four propositions:

• Scotland’s landscapes are a shared responsibility.
• All of Scotland’s landscapes deserve attention.
• Scotland’s landscapes will continue to change.
• Scotland’s landscapes deserve greater care.

Implications/ comments: The SEA should reflect objectives to conserve and enhance the landscape and natural environment.

Source:

Key objectives:

Implications/ comments:

Material Assets

National legislation

Source: Environmental Protection Act 1990^[308]

Key objectives: The Act implements the EU Waste Framework Directive (2008) and includes provisions for improved control of pollution and waste generation arising from certain industrial processes.

Moreover, the Act places a duty on local authorities, as the primary regulators, to identify and secure the remediation of contaminated land in their respective areas.

The Environmental Protection Act comprises the following parts:

• Part I: Integrated Pollution and Control
• Part II: Waste Management Licencing
• Part III: Statutory Nuisances
• Part IV: Criminal Offences Concerning Litter
• Part V: Statutory Notification and Risk Assessment for Genetically Modified Organisms (GMOs)
• Part VI: Creation of Nature Conservancy Council for England the Nature Conservancy Council for Scotland and the Countryside Council for Wales.

Implications/ comments: The SEA should reflect objectives to reduce pollution.

Source: The Management of Extractive Waste (Scotland) 2010 Regulations^[309]

Key objectives: EU directive 2006/21/EC was transposed in the form of the Management of Extractive Waste (Scotland) 2010 Regulations, also known as ‘MEW’. It sets out conditions for granting planning permission for extractive waste areas and waste facilities, along with additional requirements for category A (high risk) waste facilities.

Implications/ comments: The SEA should reflect objectives to minimise the environmental impact of waste.

Source: Waste Management Licencing (Scotland) Regulations 2011 (as amended)^[310]

Key objectives: Sets out requirements for the management of waste and related activities with regard to granting site licences and consolidating existing licences.

Implications/ comments: The SEA should reflect objectives to minimise the environmental impact of waste.

Source: Pollution Prevention and Control (Scotland) Regulations 2012 (as amended)^[311]

Key objectives: Implements the requirements of the EU Industrial Emissions Directive in Scotland. The Act states that emissions to air, water and land must be considered together, and permits are considered based on the nature of the activity.

The Act has been amended several times since 2012.

Implications/ comments: The SEA should reflect objectives for reducing air/water/soil pollution.

National (Policies, Plans, Programmes and Strategies)

Source: Scotland’s circular economy: A Route Map to 2025 and beyond (The Scottish Government, 2022)^[312]

Key objectives: Scotland’s circular economy: A Route Map to 2025 and beyond has been through consultation which sets out the Scottish Government’s proposals for a Route Map to 2025, our strategic plan to deliver Scotland’s zero waste and circular economy ambitions. This consultation invites views on the proposed priorities and actions to reach our waste, recycling and emissions reduction targets.

Implications/ comments: The SEA should reflect objectives to support a circular economy.

Source: Scotland’s Zero Waste Plan (2010)^[313]

Key objectives: The Zero Waste Plan presents a vision to minimise waste transport to landfills, promote recycling and enhancing collection methods. The key objective of the Plan is to maximise the economic and environmental opportunities of waste reduction and reuse.

Implications/ comments: The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

Source: Planning Advice Note 63: energy from waste (2013)^[314]

Key objectives: Sets out guidance for planning authorities on proactively planning for waste management

Implications/ comments: The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

Source: A strategy for improving waste data in Scotland (2017)^[315]

Key objectives: Sets out a strategy to improve the relevance, quality and availability of data on waste from all sources (e.g. households, commerce and industry). The primary objective of the strategy is to improve waste data strategies in order to enhance Scotland’s waste and resources sector.

Implications/ comments: The SEA should reflect objectives to minimise the environmental impact of waste and promote recycling.

Source: Agricultural Transition Plan 2021 to 2024^[316]

Key objectives: Aims to drive competitiveness, increase productivity, reduce carbon emissions, and generate fairer returns across the agricultural industry. The Transition Plan introduces several new schemes to improve the environment, animal health and welfare, and farm resilience and productivity.

Implications/ comments: The SEA should reflect schemes for protecting the environment.