Juliet Caldwell, Senior Advocacy Officer, Scottish Environment LINK
After over a decade of sustained pressure, Scotland will now have a Natural Environment Act on the statute book. Its passage marks a significant shift: nature recovery is no longer just a policy aspiration but a legal responsibility.
The Act strengthens accountability, embeds nature across public decision-making and provides new tools to tackle some of the most entrenched drivers of biodiversity loss. But passing legislation is not the same as restoring nature. If the Scottish Government is serious about halting biodiversity loss and restoring ecosystems by 2045, delivery must now be urgent, ambitious and relentless.
Turning ambition into law
For the first time, Scotland has a statutory framework for nature recovery targets. Ministers are required to set targets for habitats, species and wider environmental conditions, creating a clear legal duty to act rather than simply aspire.
Importantly, the Act allows flexibility to go further as evidence and ambition grow. Targets are explicitly linked to the UN Convention on Biological Diversity, reinforcing Scotland’s international responsibilities and helping ensure domestic action matches global commitments.
The scope of species targets has also been widened from initial proposals. Rather than focusing only on species already designated as threatened, targets can now apply to any species, including those at risk of future decline. This shift towards prevention is critical if we are to avoid managing biodiversity loss as a permanent emergency.
Alongside targets, the long-standing biodiversity duty on public bodies has been strengthened. Public bodies must now act in the way best calculated to contribute to statutory targets, helping to embed nature recovery across government, agencies and local authorities.
Independent oversight has also been protected. Any alternative to Environmental Standards Scotland as an independent reviewer must be independent of Ministers, safeguarding scrutiny and public confidence.
Next steps on environmental protections
A key outcome of the Bill’s passage was the removal of proposals that would have allowed Ministers to amend habitats regulations and environmental impact assessment legislation with insufficient safeguards. Their removal prevents regression in environmental protections and avoids opening the door to damaging deregulation, though key issues around the flexibility of the Habitats Regulations that were aired during the Bill process remain unresolved.
At LINK’s urging and following proposals by Mark Ruskell MSP and Rhoda Grant MSP, the Scottish Government has committed to producing new guidance on the Habitats Regulations, supported by an independent working group. This should help improve clarity in how these vital protections are applied in practice.
National Parks fit for the future
Reforms to National Parks governance strengthen their role as places where nature recovery, climate action and community wellbeing come together.
The Act introduces a clear definition of cultural development, recognises the importance of community prosperity without prioritising individual economic gain over public benefit, and requires a National Parks policy statement to be published every ten years.
When new National Parks are proposed, Ministers must now seek expert advice on management needs and lay that advice before Parliament. This strengthens transparency and helps ensure future designations are driven by long-term environmental and social outcomes.
Deer management that enables nature recovery
The most transformative changes may be in deer management. New Nature Restoration Orders give NatureScot clear powers to intervene where deer impacts are preventing nature recovery, including in protected areas and priority habitats.
Statutory timescales for deer control orders should prevent prolonged environmental damage and ensure earlier action where it is needed. A new combined deer and venison programme will set out a strategic approach to deer management, with Ministers confirming that this includes delivering necessary population reductions.
Public engagement and transparency have also been strengthened. Any individual or organisation can now raise concerns about deer impacts and receive a formal response from NatureScot, and Ministers have committed to producing a national deer data dashboard.
Nature built into everyday decisions
The Act also embeds nature recovery into areas often overlooked. Ministers are now required to introduce regulations for integral swift nest boxes in new buildings over five metres, helping biodiversity enhancement become a routine part of development.
In Scotland’s seas, climate adaptation is now a mandatory consideration for Nature Conservation Marine Protected Areas, ensuring marine management reflects the realities of a changing climate.
By 2030, we need to see clear evidence that the Act is delivering real change on the ground:
- Statutory nature targets set quickly, aligned with science and international commitments
- Public bodies actively using strengthened biodiversity duties in decision-making
- NatureScot using new powers early and decisively, particularly on deer management
- Transparent reporting, accessible data and clear public accountability
- Measurable improvements in habitat condition, species trends and ecosystem resilience
The Natural Environment Act provides Scotland with many of the tools needed to restore nature by 2045. What matters now is how they are used.
Targets must be ambitious, delivery must be properly resourced, and action must be taken early, not delayed until damage becomes irreversible. Nature recovery is not optional. It underpins climate resilience, public health, thriving communities and a sustainable economy.
This Act is a major win. Whether it becomes a turning point for nature depends entirely on what happens next.
Photo: Morag Wells