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Natural Environment (Scotland) Act 2026

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Natural Environment (Scotland) Act 2026. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Overview

    2. Interpretation

    3. Crown application

    4. Part 1 – Targets for Improving Biodiversity

      1. Section 1 - Targets for improving biodiversity

        1. Inserted section 2B – Purpose of setting targets

        2. Inserted section 2C – Duty to set targets

        3. Inserted section 2D – Setting targets: statements

        4. Inserted section 2E – Duties in relation to meeting targets

        5. Inserted section 2F – Reviewing progress and power to adjust topics

        6. Inserted section 2G – Process for setting or amending targets or adjusting topics

        7. Inserted section 2H – Independent review

        8. Inserted section 2I – Application of this Part

      2. Section 2 – Reports on compliance with biodiversity duty

    5. Part 2 – National Parks

      1. Modification of aims and purposes of National Parks

        1. Section 3 – Aims of National Parks

      2. Policy statement on National Parks

        1. Section 4 – Policy statement on National Parks

      3. National Park Proposals

        1. Section 5 – Advice before making National Park proposals

      4. Reports on National Park proposals

        1. Section 6 – Choice of reporter for National Park proposals

      5. Definitions for the National Parks (Scotland) Act 2000

        1. Section 7 – Definitions for the National Parks (Scotland) Act 2000

      6. Duties in respect of National Parks

        1. Section 8 – Duty to facilitate implementation of National Park Plans

      7. National Park authorities as local authorities for access rights

        1. Section 9 –Meaning of local authority for the purpose of access rights

      8. Enforcement of National Park byelaws

        1. Section 10 – Power to make regulations for the issuing of fixed penalty notices

    6. Part 3 – Deer Management

      1. Background and overview

      2. Aims and purposes of deer management

        1. Section 11 – Aims and purposes of deer management

      3. Membership of advisory panels

        1. Section 12 – Scottish Natural Heritage representation on advisory panels

      4. Code of practice on deer management

        1. Section 13 – Code of practice on deer management

      5. Deer management plans, control agreements and control schemes

        1. Section 14 – Grounds for intervention

        2. Section 15 – Deer management plans

        3. Section 16 – Control agreements

        4. Section 17 – Right to request action where deer are not being managed

        5. Section 18 – Control schemes

        6. Section 19 – Recovery of costs and expenses

        7. Section 20 – Limitation of criminal liability

      6. Preventing or stopping damage by deer

        1. Section 21 – Measures to prevent damage by deer

        2. Section 22 – Action to prevent or stop harm to persons

      7. National deer management and venison plan

        1. Section 23 – National deer management and venison plan

        2. Section 24 – National deer management and venison plan: matters which may be considered

        3. Section 25 – National deer management and venison plan: initial consideration of matters relating to venison

        4. Section 26 – Power to enter on land

        5. Section 27 – Power to require information and documents

        6. Section 28 – Giving notices electronically

      8. Authorisations for particular activities

        1. Section 29 – Authorisation for taking or killing deer during close seasons

        2. Section 30 – Authorisation for taking or killing deer at night

        3. Section 31 – Authorisation for use of vehicles to drive deer

        4. Section 32 – Offence of shooting deer with a shotgun

        5. Section 33 – Register of authorised persons

        6. Section 34 – Repeal of obligation to carry out competence review

        7. Section 35 – Requirement to be fit and competent for certain authorisations

        8. Section 36 – Repeal of saving of right to take deer on land

        9. Section 37 – Right of occupier or grazings committee to prevent damage by deer

      9. Stray farmed deer

        1. Section 38 – Liability for taking or killing stray farmed deer

      10. Licensing of dealing in venison

        1. Section 39 – Removal of requirements related to licensing to deal in venison

        2. Section 40 – Review of modifications to the Deer (Scotland) Act 1996

    7. Part 4 – Miscellaneous and General

      1. Building regulations: swift nest box

        1. Section 41 – Building regulations: swift nest box

      2. Marine protection

        1. Section 42 – Nature conservation marine protected areas: climate adaptation

      3. Salmon and freshwater fishing

        1. Section 43 – Modification of offences and penalties related to fishing

      4. Report on penalties in sea fisheries legislation

        1. Section 44 – Report on penalties in sea fisheries legislation

      5. Gulls

        1. Section 45 – Report on gull population

      6. Scallop shells

        1. Section 46 – Guidance about scallop shells

      7. Wildlife licensing

        1. Section 47 – Licensing: protection of mountain hares

        2. Section 48 – Licensing: land on which certain birds may be killed or taken

      8. Wildfires

        1. Section 49 – Wildfires: enabling local authorities to issue fixed penalty notices

      9. Meaning of public authority in the Nature Conservation (Scotland) Act 2004

        1. Section 50 – Meaning of public authority etc. in the Nature Conservation (Scotland) Act 2004

      10. Ramsar sites

        1. Section 51 – Further provision about Ramsar sites

      11. Forestry

        1. Section 52 – Sustainable forest management

        2. Section 53 – Forestry: offence of unauthorised felling

      12. Improvement plans under the European Union (Continuity) (Scotland) Act 2021

        1. Section 54 – Procedure to approve improvement plans

      13. Muirburn

        1. Section 55 – Muirburn licensing: making muirburn for purpose of approved training course

        2. Section 56 – Muirburn licensing: grounds for grant of licence

      14. General

        1. Section 57 – Regulations

        2. Section 58 – Ancillary provision

        3. Section 59 – Commencement

        4. Section 60 – Short title

  3. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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