Prospective
(1)The Nature Conservation (Scotland) Act 2004 is modified as follows.
(2)After section 38, insert—
(1)The Scottish Ministers must by regulations make provision for and in connection with the preservation and protection of designated wetlands.
(2)Without limit to the generality of subsection (1), regulations under this section may—
(a)make provision about—
(i)the identification and listing of wetlands,
(ii)the conservation of designated wetlands, including by setting conservation objectives, and
(iii)monitoring designated wetlands,
(b)modify the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716) (“the habitats regulations”),
(c)apply particular provisions of the habitats regulations to designated wetlands,
(d)modify or apply any other enactment (including this Act),
(e)create or apply offences and penalties,
(f)confer a power of entry to land (other than a dwelling-house).
(3)The maximum penalty that may be provided for in regulations under this section creating an offence is—
(a)on summary conviction, a fine not exceeding level 5 on the standard scale,
(b)on indictment, a fine.
(4)Before making regulations under this section, the Scottish Ministers must—
(a)consult—
(i)SNH,
(ii)Environmental Standards Scotland, and
(iii)any other persons that the Scottish Ministers consider likely to be affected by or interested in the regulations, and
(b)be satisfied that making the regulations will maintain or improve the level of environmental protection existing in law at the time the statement is made.
(5)The Scottish Ministers must, at the same time as laying any regulations under subsection (1), lay before the Scottish Parliament a statement explaining why they are satisfied that the regulations will maintain or improve the level of environmental protection existing in law at the time the statement is made.
(6)Regulations under this section must be made within the period of 5 years beginning with the day on which the Bill for the Natural Environment (Scotland) Act 2026 receives Royal Assent.
(7)In this section, “designated wetlands” means wetlands designated as described in section 38(1).
(8)Regulations under subsection (1) are subject to the affirmative procedure.”.
(3)In section 53 (orders and regulations: general), in subsection (4), after “2G,” (inserted by section 1(4) of this Act), insert “38A,”.
Commencement Information
I1S. 51 not in force at Royal Assent, see s. 59(2)