Wetlands - protecting Ramsar sites: updated Scottish Government policy

Updated Scottish Government policy on protecting Ramsar sites

This note provides guidance on how the Scottish Government expects its policy on the protection of Ramsar sites to be implemented.

Background

The International Convention on Wetlands of International Importance (‘Ramsar Convention’) was adopted in Ramsar, Iran in February 1971 and came into force in December 1975. There are currently 51 Ramsar sites in Scotland, supporting 284 Ramsar features (i.e. wetland habitats or bird populations).

Prior to publication of this updated policy position, statutory protection of Ramsar natural heritage sites in Scotland was delivered primarily through designation either as a Site of Special Scientific Interest (SSSI) or as a Special Area of Conservation / Special Protection Area (European sites) under the Nature Conservation (Scotland) Act 2004 and The Conservation (Natural Habitats, &c.) Regulations 1994 (Habitats Regulations) respectively. This is known as a Ramsar feature being underpinned by a statutory designation.

Whereas SSSIs have a list of operations which require consent from a competent authority, European sites are subject to a Habitats Regulations Assessment (HRA) of plans or projects which may have an adverse impact on the integrity of the site. A HRA would consider the effects of on and off-site proposals where they could adversely affect the nature conservation interest of a Ramsar feature. A proposed plan or project could only then be taken forward on a European site if no significant adverse effects on the integrity of the site were identified by the HRA, or if a derogation has been agreed under regulation 49 of the Habitats Regulations.

This policy position is currently reflected in National Planning Framework 4, as part of Policy 4c (Natural Places), which states that:

“All Ramsar sites are also European sites and/ or Sites of Special Scientific Interest and are extended protection under the relevant statutory regimes.”

Updated Policy on protecting Ramsar Sites

The purpose of this updated policy is to state that, from today, the Scottish Government considers that listed Ramsar sites in Scotland should be treated as if they were European sites for the purposes of land use change decision making.

Compliance with this policy means that any plan or project which could affect a Ramsar site will involve undertaking a HRA to determine whether the proposal is likely to have a significant effect on the notified natural features of the site. Competent authorities should consult NatureScot as part of any assessment process. If the HRA concludes that adverse impact on integrity would take place, the application would not be supported under the new policy unless there are Imperative Reasons of Over-riding Public Interest.

As a statement of Scottish Ministers expectations, this updated policy position is a material consideration in the determination of relevant planning and consenting applications in relation to development which impacts on Ramsar sites. This should be considered and read alongside NPF4.

Ramsar sites in Scotland can be viewed at NatureScot’s Sitelink web portal.