Scotland

The Protection of Badgers Act 1992

This Act (as amended by the Wildlife and Natural Environment Act) provides comprehensive protection for badgers and their setts in Scotland. Under these Acts, It is illegal to kill or harm badgers or disturb their setts unless a license has been granted.

Nature Conservation (Scotland) Act 2004

Designed to protect and enhance the biological and geological natural heritage of Scotland, the Act introduces a general duty on all public bodies to further the conservation of biodiversity. This duty aims to connect people with the environment and to manage biodiversity beyond protected sites. The Act also increases protection for SSSI’s and strengthens wildlife enforcement legislation. It requires the publication of lists of species and habitats of principal importance and the designation of a Scottish Biodiversity Strategy.

Environmental Liability (Scotland) Regulations 2009

These Regulations transpose the EU Environmental Liability Directive in Scotland to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. Regulations apply to a range of activities that cause a risk of 'significant' damage or cause 'significant' damage to land, water or biodiversity.

The Conservation (Natural Habitats, &c.) Regulations 1994 and Conservation of Habitat and Species Regulations 2010

In Scotland the Habitats Directive is transposed through a combination of the Habitats Regulations 2010 (in relation to reserved matters) and the 1994 Regulations (and its subsequent amendments). The Regulations provide for the designation and protection of 'European Sites' and the protection of 'European Protected Species'. Public bodies are required to have due regard to the EC habitats Directive under the regulations.

Town and Country Planning (Scotland) Act 1997 and The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010

Under these Regulations, trees can be protected through a Tree Preservation Order (TPO). The TPO aims to protect single trees, including veteran trees, or groups of trees from deliberate damage or removal. The Act also covers Conservation areas (CA’s) which are defined as “...areas of special architectural or historical interest the character or appearance of which it is desirable to preserve or enhance.”

If you have trees with TPO’s on your campus it is an offence to damage, top, lop, fell, uproot or destroy them. Permission is required from your local authority before carrying out tree maintenance on them.

The Water Environment (Controlled Activities) (Scotland) Regulations 2011

The Regulations cover rivers, lochs, transitional waters (estuaries), coastal waters groundwater, and groundwater dependant wetlands in Scotland. Before undertaking any activity that could affect waters covered by the Regulations you should contact SEPA to discuss how the Regulations affect you. Some of the relevant activities that may be undertaken in FHE organisations and require authorisation include surface water drainage, storage and application of fertilisers, discharge of surface water run-off, application of pesticide, keeping livestock and land cultivation. The regulations cover diffuse pollution and also include a requirement for new developments with surface water drainage discharging to the water environment to include sustainable urban drainage systems (SUDS).

The Wildlife and Natural Environment (Scotland) Act 2011 (WANE Act)

An Act of the Scottish Parliament to make provision in connection with wildlife and the natural environment; and for connected purposes. The Act aims to strengthen and update current laws and included provisions for deer and game management, badger licencing, control of non-native species, species licencing, habitat management and designation. The Act also introduced a requirement for all public bodies to make publicly available a report on their compliance with their biodiversity duty.

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