The Natural Environment (Scotland) Act 2026 (the “Act”) received Royal Assent on 12 March 2026. This blog is a follow up to our last blog and reviews the changes which have been made to the Act as it went through Stage 2 and Stage 3 of the legislative process.
Biodiversity targets
Part 1 of the Act deals with the main focus of the legislation, to create a legally binding framework for setting statutory targets for nature restoration, supported by monitoring and reporting duties. These targets are intended to drive measurable improvements in habitats and species outcomes.
Whilst the Bill as introduced set an obligation on the Scottish Ministers to set targets, the Act still contains provisions that the targets will be introduced by secondary legislation although the Act does impose an obligation for the draft statutory instrument to be laid before the Scottish Parliament within 12 months of the relevant section of the Act coming into force. Provisions obliging the Scottish Ministers to monitor and report on progress against the targets remain in the Act as passed.
EIA and habitats
As introduced, Part 2 of the Bill contained enabling powers for Ministers to modify elements of the EIA and habitats regulations. A number of stakeholders noted as part of the consultations following Stage One of the bill process that the powers which would be given to the Scottish Ministers under Part 2 could lead to a weakening of the EIA legislation or the habitats regulations even if this was not the stated aim when the Bill was introduced. In light of these concerns there was cross-party support for the removal of Part 2 of the Bill at Stage 2 and it was not reintroduced at Stage 3.
National parks
Section 5 of the Act contains provisions to update the national parks framework, with a stronger emphasis on biodiversity and nature recovery. The Scottish Ministers now have powers to make regulations which would allow National Park authorities to issue fixed penalty notices for offences under National Park byelaws. The intention behind this change is to allow National Park authorities to directly address behaviour such as:
- Irresponsible camping;
- Wildfires; and
- Wildlife disturbance.
Ministers must also publish a 10‑yearly National Parks policy statement setting the policy direction, vision and intended outcomes for National Parks. Before proposing a new National Park, Ministers must seek and publish expert advice to the Scottish Parliament.
Deer management
Part 3 of the Act expands the statutory grounds on which NatureScot may intervene in relation to deer management. It also updates the statutory aims and purposes of deer management and establishes a clearer escalation pathway. NatureScot may require the preparation of deer management plans and, where compliance is inadequate, progress to control schemes subject to a defined objections and appeals procedure (including appeal to the Scottish Land Court). The intention of these reforms is to address situations where high deer densities undermine woodland regeneration, peatland restoration and wider nature recovery objectives.
Additional land and wildlife management measures
A collection of new “miscellaneous” targeted reforms are introduced by Part 4 of the Act. These provisions range from fisheries enforcement and wildlife monitoring to practical measures intended to support species recovery. These reforms were not part of the Bill as introduced at Stage 1 but were introduced as part of the legislative process and are summarised below:
- Swift nest boxes: The Act introduces a requirement on the Scottish Ministers to make regulations within 12 months of the coming into force of the relevant provision of the Act making provisions for the installation of swift nest boxes in the buildings identified within the regulations.
- Salmon & freshwater fishing: The Act updates a number of criminal offences in relation to salmon and freshwater fishing and has amended a number of the penalties in the event of an offence being committed.
- Sea fisheries penalties: The Act requires the Scottish Government to report on he effectiveness of penalties under the sea fisheries legislation within 2 years, with a power to amend penalties using secondary legislation following that review.
- Gulls: Scottish Natural Heritage (“SNH”) must publish a report every 5 years on coastal and urban gull populations, including distribution trends/shifts and on any other matters considered appropriate by SNH.
- Scallop guidance: The Scottish Ministers are obliged to produce industry guidance in relation to the by-products conditions and the end of waste conditions for scallop shells.
What happens next
The Act’s practical impact will depend on implementation, with much of the detail still to follow in secondary legislation. For land managers, developers, public bodies and communities, the coming period will require consideration of the changes which have been made and how these can be implemented in practice. If you anticipate being impacted by any of the issues raised in this article please contact a member of the firm's Rural Business and Natural Capital team or your usual Brodies' contact.
