Scottish Government

SECTION 1 - INTRODUCTION

Background to the consultation

Scotland has a rich and varied natural heritage with a mosaic of habitats and scenery. Our landscapes, and the plants and creatures that make and live in them, are recognised around the world and have underpinned our lives.

Maintaining the high quality of our natural environment is vital to the economy of Scotland, it helps to attract tourists and makes a key contribution to the success of many rural businesses. The Scottish Government has an important role in ensuring that the legislative framework which underpins wildlife and natural environment management is fit for purpose.

Some elements of the current legislative framework have not been updated for a considerable period of time and in others there are recognised weaknesses in how the legislation operates currently. The Scottish Government considers that it is appropriate to review key areas of the existing legislative framework, and identify changes which will provide for more efficient and effective management of our natural environment.

Consultation on reform of key areas of the legislative framework

The Scottish Government has launched this consultation to obtain views on potential reform to a number of areas of existing wildlife and natural environment legislation. It covers:

• the management of wild deer
• the operation of the game laws
• invasive non-native species
• the administration of licences to disturb animal, bird and plant species

In addition, views are sought on a number of potential changes to other specific areas of statute, such as modification of penalties which apply to offences under the Badgers Act 1992, the implementation of Ministerial commitments in relation to snaring and the operation of muirburn.

The relevant pieces of statute are referred to in each section of the consultation document. They can be accessed from the statute law database - www.statutelaw.gov.uk

What is the Scottish Government seeking to achieve?

The broad purpose of the consultation is to help develop proposals for legislative changes which will modernise outdated statute, address anomalies and weaknesses in current provision and enhance the sustainable management of the natural environment for the public interest. It is intended that the consultation will inform development of a Wildlife and Natural Environment Bill which will support sustainable economic activity, especially in the countryside, by ensuring that wildlife and natural environment legislation is efficient, effective and proportionate.

Modernisation of these areas of legislation will help deliver the Scottish Government's Greener strategic objective and will contribute to the National Outcome "We value and enjoy our built and natural environment and will protect and enhance it for future generations".

Will the Scottish Government be conducting a Strategic Environmental Assessment as part of this consultation?

The Scottish Government carried out a screening assessment in April 2009 with respect to the prospective Wildlife and Natural Environment Bill. The Bill will potentially modernise legislation on management of wild deer and game law; improve legislative provision for invasive non-native species; relocate administrative function on species licensing and change protection given to certain species; introduce accreditation requirements for those who set snares; and increase flexibility for muirburn.

In terms of the Environmental Assessment (Scotland) Act 2005, it is the Scottish Government's opinion that the proposed Bill is unlikely to have significant environmental effects when considered against the criteria set out in Schedule 2 of the Act. Having consulted the statutory Consultation Authorities on this opinion, the Scottish Government is now able to determine that a Strategic Environmental Assessment is not required.

Who will be interested in this consultation?

A Stakeholder Forum was established by the Scottish Government in March 2009 both to help inform the development of the consultation document, and as a means to communicate with key stakeholders.

Its membership included organisations such as:

• Deer Commission Scotland
• Scottish Natural Heritage
• Scottish Gamekeepers Association
• Association of Deer Management Groups
• Royal Society for the Protection of Birds
• Advocates for Animals

This consultation is likely to be of interest to these stakeholders and other individuals and organisations who are interested in land management and wildlife protection.

What is the closing date for responses?

Consultation responses should be submitted no later than Friday 4 ^th September 2009. It is important that a Respondent Information Form is submitted with consultation responses in order that we treat responses appropriately.

Please send your response with the completed Respondent Information Form (see "Handling your Response" below) to:

wildlifebill@scotland.gsi.gov.uk

or

Telephone 0131 244 5450
Fax 0131 244 4071

If you have any queries contact Steven MacGregor on 0131 244 5450.

We would be grateful if you would clearly indicate in your response which questions or parts of the consultation paper you are responding to as this will aid our analysis of the responses received.

This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at http://www.scotland.gov.uk/consultations

The Scottish Government now has an email alert system for consultations (SEconsult: http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). SEconsult complements, but in no way replaces SG distribution lists, and is designed to allow stakeholders to keep up to date with all SG consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form attached at section 7 (and enclosed with the consultation covering letter) as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly.

All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Will consultation responses be published?

We will provide a link to consultation responses (which are not marked as confidential) on the Scottish Government website within two weeks of the conclusion of the consultation. You will also be able to make arrangements to view responses by contacting the SG Library on 0131 244 4552. Responses can be copied and sent to you, but a charge may be made for this service.

Will an analysis of consultation responses be published?

The responses will be systematically analysed and reported, and key messages from the various stakeholder groups will be highlighted. A report and summary of findings will be published in the autumn.

What happens after the consultation?

The Scottish Government will analyse all views expressed in the consultation exercise.

The Scottish Government's current intention is to introduce a Wildlife and Natural Environment Bill to the Parliament at a suitable opportunity.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to:

Telephone 0131 244 5450
Fax 0131 244 4071