Draft Environment Strategy: strategic environmental assessment

Strategic environmental assessment (SEA) to determine the potential impacts of implementation of the draft Environment Strategy on the environment.


Chapter 3: Environmental Context

Relationship of Plans, Policies, Programmes and Strategies and Environmental Protection Objectives

Introduction

3.1 The Draft Environment Strategy is greatly influenced by other plans / programmes and by broader environmental objectives. The Draft Environment Strategy 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".

3.2 A review of the key national legislation and plans of relevance to the Draft Environment Strategy 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 Draft Environment Strategy. A summary of the most relevant plans is provided in the subsequent paragraphs.

National legislation

3.3 The UK Withdrawal from the European Union (Continuity) (Scotland) Act[28] became law in January 2021. The Act includes provisions for the continuity of environmental governance in domestic arrangements, and for 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 and environmental policy strategy.

3.4 Section 14(1) of the Act mandates that Scottish Ministers must have due regard to the guiding principles when developing policy, including the development of legislation.

Environmental principles

3.5 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)[29].

3.6 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.

3.7 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.

3.8 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.

3.9 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

3.10 Scotland’s National Just Transition Planning Framework  [30] 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 cannot be truly just if those most vulnerable in society are still experiencing the adverse effects of climate change. In particular, the Scottish Government’s just transition policy will address a fair distribution of the costs and benefits associated with climate resilience measures. As lower-income households are more vulnerable to the impacts of climate change, it is imperative to improve these inequalities in addressing both climate resilience and mitigation measures. The Scottish Government will also develop individual Just Transition Plans to outline how different sectors (e.g. land use and agriculture, transport, built environment, construction) will reduce greenhouse gas emissions and adapt to climate change. The Scottish Government will continue to develop its approach to Just Transition Plans in 2024 and 2025 (discussed further below).

3.11 National Planning Framework 4 (NPF4)[31] 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 Draft Environment Strategy 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.
  •  Policy 3: Biodiversity: The policy aims to protect 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 7: Historic assets and places: This policy aims to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places.
  •  Policy 10: Coastal development: The policy aims to protect coastal communities and assets and support resilience to the impacts of climate change.
  •  Policy 11: Energy: This policy aims to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. This includes energy generation, storage, new and replacement transmission and distribution infrastructure and emerging low-carbon and zero emissions technologies including hydrogen and carbon capture utilisation and storage (CCUS).
  •  Policy 12: Zero waste: This policy aims to encourage, promote and facilitate development that is consistent with the waste hierarchy.
  •  Policy 14: Design, quality and place: This policy aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle.
  •  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 32: Aquaculture: This policy aims to encourage, promote and facilitate aquaculture development and minimise any adverse effects on the environment, including cumulative impacts.

3.12 The Draft Environment Strategy sits alongside Scotland’s updated Climate Change Plan 2018-2032  [32] which 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 Draft Environment Strategy 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.

3.13 The Scottish National Adaptation Plan 2024 to 2029 (SNAP3)  [33] 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 22 objectives which are relevant to the Draft Environment Strategy including: Nature connects, communities, public services and infrastructure, economy, business and industry and international action.

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

  • The Scottish Biodiversity Strategy to 2045  [34] 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 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). The delivery of actions to prevent, control and eradicate invasive non-nature species will be through the Scottish Biodiversity Strategy Delivery Plan[35].
  •  Marine Scotland’s Blue Economy Vision for Scotland  [36] sets out a similar vision for Scotland’s blue economy whereby marine, freshwater and coastal environments are restored, adapted and resilient to climate change by 2045. The vision supports actions which ensure the blue economy is resilient to climate change; contributes to climate mitigation and adaptation; decarbonises marine sectors; and supports Scotland’s net zero and nature positive commitments.
  •  Scotland’s National Marine Plan (NMP) 2015  [37] provides a comprehensive overarching framework for all marine activity in Scotland’s seas. It sets out a policy framework to help determine if a new or existing marine activity is environmentally or economically sustainable and suitable for the area and serves as the primary guide to decision-making on the use of marine space and resources in Scotland. For some types of sector-specific activity, such as renewable energy development, the NMP sets out sector-specific policy requirements to ensure their compatibility with existing uses from social, economic and environmental perspectives. An updated version of the plan (NMP2) is due in 2025.
  •  Scotland’s Marine Assessment 2020  [38] portal reports on Scotland’s vision for the seas, as set out in the National Marine Plan: ‘Clean, healthy, safe, productive, biologically diverse marine and coastal environments, managed to meet the long-term needs of nature and people’. It also provides an assessment of the condition of the Scottish marine area, including a summary of the significant pressures and human activities in our Scottish Marine Regions and Offshore Marine Regions.
  •  Scotland’s Forestry Strategy 2019-2029  [39] supports the adaptation of Scotland’s forests and woodlands to become more resilient to climate change e.g. 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.
  • The Scottish Government’s Vision for Agriculture  [40] outlines the long-term vision to transform farming and food production in Scotland which features climate change adaptation and mitigation as a key outcome. A new Agriculture Bill aims to provide Scotland with a framework that supports the values and principles contained in the vision (discussed further below).
  • Scotland’s Third Land Use Strategy 2021-2026  [41] 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  [42] 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.
  •  NHS Scotland Climate Emergency and Sustainability Strategy 2022-2026  [43] sets out plans for NHS Scotland to reduce its greenhouse gas emissions to net zero and adapt its estate to climate change impacts. The strategy supports the development by health boards of Climate Change Risk Assessments and Adaptation Plans.
  •  Transport Scotland’s Approach to Climate Change Adaptation and Resilience  [44] 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 Strategy for Economic Transformation  [45] (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.
  •  Circular Economy Route Map: The Scottish Government has recently published the final Circular economy and waste Route Map to 2030. The Route Map recognises the resources, circular economy and emissions reduction objectives needs to be delivered in a collaborative manner. It recognises the impact of material consumption and waste on other environmental problems. It sets out four main principles of responsible production, responsible consumption, and maximising value from waste and energy Other key legislation includes the Circular Economy (Scotland) Act[46] which requires the preparation of a Circular Economy Strategy.

Forthcoming legislation and policy

3.15 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: Proposals for the upcoming Nature Environment Bill include the introduction of binding statutory nature recovery targets.
  •  Land Reform Bill: The Bill was introduced on 13 March 2024 and is at Stage 1. 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.
  •  Flood Resilience Strategy: Scotland’s first Flood Resilience Strategy was published December 2024 by the Scottish Government, the Scottish Flood Forum, ClimateXChange and Sniffer (now Verture). It forms an integral part of shaping a climate resilient Scotland and outlines Scotland’s ambitions and principles for delivering flood resilience over the coming decades. The strategy will be followed by delivery plans to translate the ambitions into actions as Scotland prepares for increased exposure to flooding.
  •  National Marine Plan 2: The second Marine Plan, due in 2025, will reflect the changes in the wider policy and legislative landscape, developments in technology, the need to deliver a green recovery from COVID-19, as well as to reflect improved understanding of the marine environment, including the socio-economic benefits. The 2021 review of NMP1 highlighted that establishing and growing “blue” as a natural capital asset in Scotland, would be an important policy development.
  •  Climate Change Plan: The next Climate Change Plan, due in 2025, will seek to further strengthen and reinforce the co-benefits and interdependencies integral to climate change mitigation and adaptation.
  •  Just Transition Plans: The Scottish Government is currently developing its approach to Just Transition Plans. The Just Transition Plans will outline how different sectors (e.g. land use and agriculture, transport, built environment, construction) will reduce greenhouse gas emissions and adapt to climate change. The Just Transition Plans will support the delivery of the Draft Environment Strategy by identifying key physical risks from climate change and the actions required to build resilience to these risks.
  •  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.

Contact

Email: environment.strategy@gov.scot

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