This page provides links to the full text of key pieces of land environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.
Land legislation for Scotland covers nature conservation, pollution from agricultural operations, contaminated land (including radioactive contamination) and liability for environmental damage.
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.
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Introduces a scheme for remedying contaminated land, identifies 'special sites' enforced by SEPA, remediation notices and their contents, and sets out the information to be held on a contaminated land register maintained by local councils.
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Aligns the contaminated land regime with the water environment protection regime where contaminated land is a source of pollution.
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Requires anyone with custody or control of a crop being made into silage or of livestock slurry to carry out works and take steps to prevent pollution of the water environment. Fuel oil provisions revoked by 2006/133.
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Designates the catchment and estuary of the River Ythan in Aberdeenshire as a nitrate vulnerable zone. Reinstates reference to the PEPFAA Code as statutory standard of good agricultural practice.
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Designates further nitrate vulnerable zones in Scotland and requires maps of these zones to be available for public inspection.
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Designates a further nitrate vulnerable zone in Scotland and requires maps of it to be available for public inspection.
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Establishes the Environment Agency and SEPA as the regulatory bodies for contaminated land, control of pollution, conservation or enhancement of the environment and fisheries.
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Guidance on Environment Act 1995
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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.
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Establishes in England, Scotland and Wales the structure and authority for waste management and control of emissions into the environment.
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Bans keeping or breeding animals solely or mainly for their fur.
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Amends the waste control regime to cover agricultural waste. Classifies landfill sites, details the permits needed to create and operate a landfill site, and the requirements for care after a site closes.
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Establishes rights 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.
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Requires a mine operator to give notice of abandonment of a mine to SEPA at least six months before abandonment. Outlines the information that must be given to SEPA and published by the operator in a local newspaper.
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Bans keeping mink in Scotland except under licence and on any Scottish island (with some exceptions).
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Establishes National Parks in Scotland, including setting up National Park Authorities, their powers, finances and management agreements between National Park Authority landowners or occupiers.
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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.
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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.
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Confirms 1 August 2002 as the date when the Protection of Wild Mammals (Scotland) Act 2002 came into force.
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Sets out measures for identifying and remedying radioactive contaminated land in Scotland, by extending the contaminated land regime set out in the Environmental Protection Act 1990.
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Amends Environmental Protection Act 1990 to deal with harm or pollution of water caused by radioactive substances and identifying and remediating radioactive contaminated land.
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Amends 2007/179 in terms of radioactive contaminated land (excludes land contaminated by nuclear sources). Empowers SEPA to determine if such land is “contaminated land” and amends the definition of 'substance' in 2007/179 and 2007/3240.
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Amends 2007/179 and 2009/202 to change the definition of ‘substance’ to include radon and its decay products for both nuclear and non-nuclear incidents.
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Sets conditions and precautions for agricultural use of sludge from sewage plants or septic tanks, and specifies what records must be kept.
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Amends 1989/1263 to clarify the ban on growing commercial food crops and selling crops grown on an agricultural unit that is part of a dedicated site applies where the concentration of certain metals in the soil exceeds permitted levels.
