This is the third in a series of blogs looking at the Natural Environment Bill. Part 1 is available here and Part 2 is available here.
Most of the political energy around National Parks in recent years has related to the Scottish Government’s commitment to establish at least one new Park by the end of this parliament.
Scotland’s two existing National Parks – Loch Lomond & the Trossachs and Cairngorms – cover some of our most iconic sites for nature. The Parks were established in 2002 and 2003 respectively and the Park Authorities are required by law to support environmental aims alongside other responsibilities.
The establishment of a new National Park is not directly related to the Natural Environment Bill. The Galloway proposal has undergone public consultation and, if designated, this would be done under existing legislation. However, the Natural Environment Bill does make some changes to the legislative framework which underpins Scotland’s two existing National Parks and any Parks established in future.
The roots of these changes are in earlier consultation exercises which proposed changes to the statutory aims and governance of National Parks. The proposals to change the governance of Parks, and the proposal to create an “overarching purpose” for the Parks, have not been included in the Bill.
National Park aims
Scotland’s National Parks have four aims set out in law, relating to conserving the area’s natural and cultural heritage; promoting sustainable use of natural resources; promoting understanding and enjoyment of the area; and promoting sustainable economic and social development.
The Bill proposes modest changes to these aims, tweaking the language at points – such as changing “sustainable use of natural resources” to “sustainable management and use of natural resources”.
The Bill however adds a new subsection following the four redrafted aims which includes a more specific list of activities designed to mirror the priorities of the existing Parks in practice. These include restoring biodiversity, tackling climate change, and supporting access and recreation.
The Bill’s policy memorandum explains that the redrafted aims are intended to “ensure that the legislation accurately underpins the work being undertaken by the National Parks”. This means that the changes to the aims are unlikely to lead to significant changes in the existing Parks, though it does provide some level of future-proofing.
The proposal to introduce an overarching purpose – of taking “leadership of nature recovery and a just transition to net zero” – has not been included. However, the existing law already contains a provision – known as the Sandford principle or National Park principle – that says where the aims of the Park are in conflict more weight should be given to the first aim (conserving and enhancing natural and cultural heritage).
Responsibilities of other public bodies
The Bill makes two changes to the responsibilities of public bodies, other than the Park Authority, working in a National Park.
The first is a new duty on public bodies, including Scottish Ministers and local authorities, to have regard to the aims of the National Park while carrying out any activity within a Park’s boundaries. This will be balanced against the other responsibilities of public bodies.
The second is a strengthening of the duties of public bodies specifically relating to the Park plans produced by each Park authority. This will change the current duty – to have regard to the plans – to require public bodies to facilitate the implementation of the plans. This change is welcome and should encourage more active collaboration across the public sector. It does however imply that Ministers feel a duty to have regard to, as is being introduced in the new duty, is not particularly impactful.
Access authorities
One change in the Bill specifically relevant to the proposed Galloway Park is the section on access authorities.
The 2003 Land Reform Act, which introduced the right of responsible access (“right to roam”), designated the two existing National Parks as access authorities, allowing the Park authorities to uphold access rights in their area. The 2003 Act does not provide the ability to allow any future Parks to become access authorities, an omission that this Bill will correct.
Fixed penalty notices
Finally, the Bill allows National Parks to issue fixed penalty notices related to local byelaws. Currently, fixed penalty notices can be issued for littering or fly-tipping offences under the Environmental Protection Act 1990 (and only in Loch Lomond & Trossachs, as there are no byelaws in place in the Cairngorms). Any other byelaws can only be enforced through reports to the Crown Office.
Image: Sandra Graham