The Scottish Government has introduced the Natural Environment (Scotland) Bill which puts forward measures to protect Scotland's natural environment. It is currently going through Stage 1 in Parliament.
The Bill is in four Parts, with Part 4 – relating to deer management – one of the most topical amongst landowners and managers, given its potential impact on land management.
The Bill has been introduced as part of the Scottish Biodiversity Delivery Plan 2024 to 2030. The Scottish Government considers deer management to be vital to supporting biodiversity outcomes. The Scottish Biodiversity Delivery Plan requires an increase of 25-30% on current deer cull levels over 5 to 10 years, with the Scottish Government aiming to achieve this target by a variety of incentives and regulatory levers. Part 4 of the Natural Environment (Scotland) Bill is one such measure.
The Bill introduces extensive amendments to the Deer (Scotland) Act 1996, which currently regulates the management of deer in Scotland. The Bill takes forward a number of recommendations of the Deer Working Group Report on The Management of Wild Deer in Scotland.
New offences
The Bill sets out "specified activities" which amount to an offence, unless the person undertaking those activities has an authorisation to do so from Nature Scot.
One of those "specified activities" is shooting deer with a shotgun. Authorisation will only be granted where grounds for intervention are satisfied and there are no other adequate means of control in the circumstances. NatureScot will only grant the authorisation if they deem the person undertaking the activities to be "fit and competent", although how that will be assessed remains to be seen. A person who shoots a deer with a shot gun without the necessary authorisation may be liable for a fine of up to £2,500 per deer.
Extended powers of intervention by NatureScot
The Bill also extends the grounds upon which NatureScot will be permitted to intervene in landowners' and managers' deer management or control activities.
Currently, NatureScot is only permitted to use their powers of intervention where deer are causing or are likely to cause damage or become a danger to the public.
However, if enacted, the Bill would introduce a new ground of intervention of "nature restoration". NatureScot could intervene where deer are likely to prevent, reduce or negatively impact the effectiveness of a project, work or natural process that preserves, protects, restores, enhances or otherwise improves the natural heritage or environment.
If enacted, the detail of NatureScot's new powers would be set out in a Code of Practice, which NatureScot would be required to "have regard to" in their decision making. As with the muirburn and grouse licensing regimes, introduced under the Wildlife Management and Muirburn (Scotland) Act 2024, the Code of Practice would be key for providing clarity around NatureScot's use of their powers and their approach to regulation.
NatureScot's powers of intervention would remain largely unchanged. They already have the power under the Deer (Scotland) Act 1996 to impose a Deer Management Plan, a Control Agreement or a Control Scheme, with a Control Scheme being the highest tier of regulation enabling NatureScot to implement deer management measures on behalf of a landowner. Breach of a Control Scheme is a criminal offence and, if convicted, a landowner could be fined up to £40,000 or imprisoned for up to 3 months. Landowners have the right to object to a Control Scheme and, if unsuccessful, appeal against the decision to impose a Control Scheme to the Scottish Land Court.
What does this mean for landowners/ managers in practice?
If introduced into law, the new regime would be the latest move towards increased regulation of the Scottish rural sector. The proposed changes have been widely criticised in the rural sector as unnecessary, where there is already widespread voluntary compliance with the Deer Code.
Quite how NatureScot would approach their new proposed powers of intervention remains to be seen. Time will tell whether the detail within the Code of Practice would be sufficient to allay concerns within the sector about potential heavy handedness on the part of NatureScot.
However the proposed powers would be used in practice, the fact of increased scrutiny of deer management activities is certain. As such, landowners and managers should take steps now to prepare for the proposed new regime. They should consider the deer management measures they currently have in place and whether any additional steps can be taken, with a view to mitigating the prospect of intervention if and when the new regime comes into force.
We will follow the Bill as it progresses through the Scottish Parliament and provide further updates to clients when they arise.
If you would like to discuss any aspect of the Bill or any other aspect of regulation of the rural sector, please get in touch with one of Brodies' Health and Safety team or your usual Brodies contact.
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