This page provides links to the full text of key pieces of conservation environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.
Conservation legislation for Scotland sets out measures to conserve and protect wildlife and habitats and sites of special scientific interest (SSSI). It also creates criminal offences for deliberately capturing, killing, disturbing or trading protected animals and picking, collecting, cutting, uprooting, destroying or trading protected plants.
Although previous Acts of Parliament include provisions for nature conservation, the main piece of legislation relating to nature conservation in Great Britain is the Wildlife and Countryside Act 1981. This Act is supplemented by the Nature Conservation (Scotland) Act 2004 in Scotland.
Nature conservation is not regulated by the environmental regulators, and the list of legislation that follows is not exhaustive. For a complete list of nature conservation legislation, please contact the UK government conservation bodies.
If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.
-
Bans killing, injuring or taking common seals in the Orkney and Shetland Islands, surrounding territorial waters and the territorial sea around the east coast of Scotland from Garron Point in the north to Torness Point in the south.
-
Consolidates deer legislation in Scotland.
-
Establishes the Environment Agency and SEPA as the regulatory bodies for contaminated land, control of pollution, conservation or enhancement of the environment and fisheries.
-
Guidance on Environment Act 1995
-
Brings into force rules to force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not have to be prosecuted first, so remedying the damage should be faster.
-
Establishes a right to be on land for recreational, educational and some other purposes and cross land (right to roam) if rights are exercised responsibly. Also details how rural and crofting organisations can buy land they are connected with.
-
Establishes National Parks in Scotland, including setting up National Park Authorities, their powers, finances and “management agreements” between National Park Authority landowners or occupiers.
-
Establishes Scottish Natural Heritage (SNH) as the main body responsible for securing and promoting the conservation of Scotland’s natural scenery, flora and fauna.
-
Establishes Natural England as the main body responsible for conserving, enhancing and managing England’s natural environment. It also covers biodiversity, pesticides harmful to wildlife and the protection of birds.
-
Deals with the conserving biodiversity and protecting and enhancing Scotland’s natural features. Also amends rules on protecting certain birds, animals and plants.
-
Makes it an offence to wilfully kill, injure, take, or attempt to kill or take a badger. Also sets out the exceptions, licences, enforcement and penalties for this offence.
-
Makes it illegal to hunt a wild mammal with a dog - eg fox and deer hunting - or for a landowner or occupier to knowingly allow another person to hunt a wild mammal with a dog, or to allow another person to use the dog to hunt a wild mammal.
-
Sets out which fishing methods are allowed and dates of salmon and trout fishing seasons. Details offences relating to and the administration of salmon and freshwater fisheries.
