1Targets for improving biodiversity(1)

The Nature Conservation (Scotland) Act 2004 is modified as follows.

(2)

Before section 1, insert—General duty to further conservation of biodiversity.

(3)

In section 1 (duty to further the conservation of biodiversity), in subsection (2)—

(a)

the “and” immediately following paragraph (a) is repealed,

(b)

after paragraph (b) insert , and(c)

the need to act in the way best calculated to contribute to targets set in regulations made under section 2C.

(4)

After section 2A, insert—Duties in respect of biodiversity targets

2BPurpose of setting targets

The targets to be set under this Part are to provide a means of supporting and measuring the progress being made in respect of—

(a)

the implementation of the biodiversity strategy designated under section 2(1),

(b)

the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or any United Nations Convention replacing that Convention),

(c)

generally, the duty under section 1.

2CDuty to set targets(1)

The Scottish Ministers may, by regulations, make provision for and in connection with targets in relation to—

(a)

any matter which relates to any of the following topics—

(i)

the condition or extent of any habitat,

(ii)

the status of any species (including in particular those which are or may become threatened),

(iii)

the environmental conditions for nature regeneration, and

(b)

any other matter relating to the restoration or regeneration of biodiversity as they consider appropriate.

(2)

The Scottish Ministers must exercise the power under subsection (1) so as to—

(a)

set at least one target in respect of each of the topics described in paragraph (a) of that subsection, and

(b)

specify the manner in which, or indicators against which, progress toward and achievement of the target being set is to be measured.

(3)

A draft of a Scottish statutory instrument (or drafts of Scottish statutory instruments) containing regulations setting a target for a matter relating to each of the topics in subsection (1)(a) must be laid before the Scottish Parliament within 12 months of section 1 of the Natural Environment (Scotland) Act 2026 coming into force.

(4)

Regulations under this section are subject to the affirmative procedure (but see also section 2G).

2DSetting targets: statements(1)

When setting any targets under section 2C, the Scottish Ministers must prepare a statement setting out—

(a)

the approach the Scottish Ministers intend to take to ensure that the targets are met,

(b)

how it is intended that the approach set out under paragraph (a) be funded,

(c)

the anticipated timeline of the approach set out under paragraph (a),

(d)

the organisations, or types of organisations, with which the Scottish Ministers intend to work to ensure that the targets are met,

(e)

how the targets support or have regard to other relevant Scottish Government policies or strategies,

(f)

how the Scottish Ministers intend to monitor and evaluate progress towards meeting the targets through measures or indicators identified in section 2C(2)(b),

(g)

the potential implications and consequences if the targets are not met, and

(h)

the actions the Scottish Ministers intend to take if the targets are not met.

2EDuties in relation to meeting targets(1)

It is the duty of the Scottish Ministers to ensure that each target set under section 2C is met.

(2)

For the purpose of this section, a target is met if the measures or indicators specified in relation to the target in question are met, or as the case may be, achieved.

(3)

Subsection (4) applies if—

(a)

a target is not met, or

(b)

the Scottish Ministers believe that it is no longer possible for a target to be met.

(4)

The Scottish Ministers must—

(a)

lay before the Scottish Parliament a statement setting out—

(i)

their view as to why the target was not met or, as the case may be, is no longer possible to meet, and

(ii)

the steps that they intend to take as a consequence of the target not being met or their belief that it is not possible to meet it, and

(b)

as soon as reasonably practicable, lay before the Scottish Parliament a draft of a Scottish statutory instrument (or drafts of Scottish statutory instruments) containing regulations under section 2C(1) which revoke the target and set a new one.

Review of targets, topics and requirements to report

2FReviewing progress and power to adjust topics(1)

The Scottish Ministers must—

(a)

carry out such reviews in relation to the targets set under section 2C(1) as they consider appropriate,

(b)

not less than once in each 3-year period, prepare a report on the progress made towards meeting the targets during the period, and

(c)

not less than once in each 10-year period—

(i)

carry out a review of the targets set under, and the topics described in, section 2C(1), and

(ii)

prepare a report on the review.

(2)

When carrying out a review under subsection (1), the Scottish Ministers must seek and have regard to scientific advice in relation to the targets set under, and topics described in, section 2C(1) from such persons as the Scottish Ministers consider to be independent and to have relevant expertise.

(3)

The Scottish Ministers may combine a report prepared under subsection (1)(b) with a report required under section 2(7).

(4)

The Scottish Ministers must, in respect of each report prepared under this section—

(a)

lay the report before the Scottish Parliament,

(b)

make a statement to the Parliament in relation to the report (or, in the case of a combined report, the report in so far as it relates to the targets set under section 2C(1)), and

(c)

publish the report in a manner they consider appropriate.

(5)

The Scottish Ministers may, by regulations, add to or amend the topics described in section 2C(1).

(6)

Regulations under subsection (5) are subject to the affirmative procedure (but see also section 2G).

(7)

For the purpose of subsection (1)—

(a)

the first 3-year period and first 10-year period begin on the day on which section 1 of the Natural Environment (Scotland) Act 2026 comes into force, and

(b)

each subsequent period begins with the date of publication of the previous report.

Process for setting or amending targets or adjusting topics

2GProcess for setting or amending targets or adjusting topics(1)

Before making regulations under section 2C(1) or 2F(5), the Scottish Ministers must—

(a)

seek and have regard to scientific advice in relation to any target the regulations would set or the amendments they would make to the targets or, as the case may be, to the topics, from such persons as the Scottish Ministers consider to be independent and to have relevant expertise,

(b)

consult such persons as the Scottish Ministers consider may have an interest in, or otherwise be affected by, the regulations, and

(c)

in the case of regulations which would set or amend a target, be satisfied that the target, or amended target, can be met.

(2)

But the requirement to seek advice under subsection (1)(a) does not apply if—

(a)

the regulations are being made in consequence of a review under section 2F(1), and

(b)

the Scottish Ministers are satisfied that the advice provided in respect of the review is sufficient.

(3)

The Scottish Ministers must, at the same time as laying any regulations under section 2C(1) which amend a target or under section 2F(5) which amend a topic, lay before the Scottish Parliament a statement setting out why they consider it appropriate to amend the target or, as the case may be, topic.

(4)

The requirement to lay a statement under subsection (3) does not apply if a statement has already been laid under section 2E(4)(a) in respect of the amendment in question.

(5)

The Scottish Ministers may make regulations under section 2C which revoke or diminish a target (the “existing target”) only if—

(a)

they are required to do so by virtue of section 2E(4)(b),

(b)

they are satisfied that meeting the existing target would have no significant benefit compared with not meeting it or with meeting a diminished target, or

(c)

changes in circumstances or scientific knowledge since the existing target was set or last amended mean that the target or any indicator or other means by which progress toward the target is measured is no longer appropriate.

(6)

If, before the day on which this section comes into force (and whether before or after the Bill for the Natural Environment (Scotland) Act 2026 was passed), anything was done which, had it been undertaken after that day, would to any extent have satisfied paragraph (a) or (b) of subsection (1), that paragraph is or, as the case may be, those paragraphs are to that extent to be taken to have been satisfied.

Independent review

2HIndependent review(1)

Environmental Standards Scotland is to—

(a)

review each report prepared by the Scottish Ministers under section 2F(1), and

(b)

assess the manner in which the Scottish Ministers seek independent advice in compliance with their duties under sections 2F(2) and 2G(1).

(2)

Environmental Standards Scotland is to prepare and publish a report on the outcome of each—

(a)

review under subsection (1)(a), and

(b)

assessment under subsection (1)(b).

(3)

Before publishing a report under subsection (2), Environmental Standards Scotland must—

(a)

send a copy of the report to the Scottish Ministers, and

(b)

lay a copy of the report before the Scottish Parliament.

(4)

The Scottish Ministers must, as soon as reasonably practicable after a report is published under subsection (2), lay a statement before the Scottish Parliament setting out any action the Scottish Ministers intend to take as a result of the report.

(5)

The requirement to lay a statement under subsection (4) does not apply if a statement made under section 2F(4) has already set out the action the Scottish Ministers intend to take as a result of the report.

(6)

A statement under subsection (4) may be combined with a statement under section 2E(4) or 2G(3).

(7)

The Scottish Ministers may by regulations amend this section to specify a different person to carry out the assessing, reviewing and reporting functions conferred.

(8)

Regulations under this section must specify a public body or office-holder who is independent of the Scottish Ministers.

(9)

Regulations under this section are subject to the affirmative procedure.

(10)

The duty in subsection (1)(b) does not apply in respect of the Scottish Ministers’ first exercise of the power under section 2C(1) to set the targets required by subsection (2) of that section.

2IApplication of this Part

This Part applies only in relation to the exercise of functions by public bodies or office-holders in or as regards Scotland which do not relate to reserved matters.

(5)

In section 53 (orders and regulations: general), in subsection (4), after “sections” insert “2C, 2F, 2H,”.