http://www.legislation.gov.uk/asp/2026/6/section/51Natural Environment (Scotland) Act 2026enStatute Law Database2026-04-28Expert Participation2026-03-13 Part 4 51 1 The Nature Conservation (Scotland) Act 2004 is modified as follows. 2 After section 38, insert— 38A 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,”. S. 51 not in force at Royal Assent, see s. 59(2)