On 19 February 2025, the Scottish Government introduced the Natural Environment (Scotland) Bill (the Bill).
The Bill was introduced in part to address concerns that previous non-legal efforts to protect Scottish wildlife and landscapes have been largely ineffective. This also fits with the government’s wider aim to have “restored and regenerated biodiversity across the country by 2025”.
The provisions of the Bill can be broadly summarised as follows:
Part 1 imposes duties on the Scottish Ministers to set legally binding targets for nature restoration and biodiversity;
Part 2 confers bespoke powers on the Scottish Ministers to enable amendments to the environmental impact assessments regime and the habitats regulations;
Part 3 includes provisions that relate to Scottish National Parks; and
Part 4 reforms deer management.
NatureScot’s power to intervene in deer management
Particularly significant for Scottish landowners are the provisions in Part 4 relating to deer management.
Part 4 includes a number of amendments to the Deer (Scotland) Act 1996 (the 1996 Act), which reflect the findings of a recent Scottish Government consultation on deer management. The responses to the consultation highlighted a need to modernise deer management legislation to align with the government’s aim of tackling climate change and to address the loss of biodiversity. An analysis of the consultation’s findings can be accessed here.
Among other things, Part 4 of the Bill amends the 1996 Act to restate and update the grounds upon which NatureScot (formerly known as Scottish Natural Heritage) will be permitted to intervene in deer management or control activities.
If the Bill is passed, there will be two grounds for intervention.
Damage by deer
Firstly, they would be allowed to intervene where there has been damage by deer.
This covers circumstances in which deer have caused damage to woodland or agricultural production, or caused injury to livestock. NatureScot can also intervene where deer have become a danger, or a potential danger, to public safety in a particular area.
Nature restoration
Secondly, intervention would be permitted where it is necessary for nature restoration.
This would cover circumstances where deer are preventing or reducing the effectiveness of work that preserves, enhances, or otherwise improves the natural heritage or environment.
Where it is permitted to intervene, NatureScot can notify the owners/occupiers of the land that they are required to provide a deer management plan. This is a plan which sets out, among other things, the measures that the owners/occupiers believe should be taken for the management of deer on the area and the timescale for taking such measures. The plan must be approved by NatureScot.
Alternatively, NatureScot can enter into a voluntary control agreement with the owners/occupiers. Such an agreement will set out any control measures to be taken, who is to undertake them, and the time limits within which they shall be taken.
The Bill also restates and clarifies the legislation relating to control schemes on owners/occupiers. Control schemes represent the most significant form of intervention in deer management; using this measure, NatureScot can impose deer management measures on owners/occupiers. If the scheme is not complied with, NatureScot can themselves undertake the necessary deer management measures and recover the costs from the owner/occupier.
New offence of shooting deer
The Bill creates a new offence of shooting a deer with a shotgun. This offence is committed when a person shoots a deer with a shotgun, except where one of the statutory exceptions apply. One of the exceptions is where the shooter has the written authorisation of NatureScot.
NatureScot will only grant authorisation where one of the above noted two grounds of intervention apply or where there are no other adequate means of control which might reasonably be adopted in the circumstances. NatureScot must also satisfy itself that a person is a fit and competent person before it grants such authorisation.
Other exceptions to the offence include when the act is carried out to prevent suffering. A person who commits this offence may be liable to a maximum fine of up to £2,500 per deer if the Bill is passed.
Next steps
The Bill is currently being reviewed by a lead committee who will consider and report on the Bill. This will be followed by a debate and vote by all MSPs on the general principles of the Bill. If the general principles are agreed, a parliamentary committee will decide on proposed changes to the Bill. After all amendments are presented, Parliament will decide whether to pass or reject the Bill.
If you would like any further information, please get in touch with a member of our rural disputes team.
This article was co-authored by Trainee Emma Brown.