DEER MANAGEMENT PROPOSALS AND THE NATURAL ENVIRONMENT (SCOTLAND) BILL

Following the Scottish Government’s consultation last year on legislative proposals for deer management, the Natural Environment (Scotland) Bill has now been introduced.

According to the policy memorandum, the Bill is the “...legislative vehicle that will establish…statutory targets for nature restoration. The aim of these targets is to provide accountability and to drive action across government to meet the high-level goal of the Scottish Biodiversity Strategy”.

Most of the Bill relates to deer management through the implementation of many of the recommendations of the Deer Working Group including:

• Extending NatureScot’s deer management and control aims to include a new aim of safeguarding the public interest. NatureScot must also take account of the public interest in the appropriate and sustainable management and effective control of deer.
  
• Modifying existing deer management powers that could allow NatureScot to use existing powers (such as control agreements and control schemes) where deer are deemed to impact on nature restoration.
  
• Extending NatureScot’s rights to exercise emergency measures to include where they are satisfied that deer are causing damage to natural heritage and environment.
  
• Introducing new powers for NatureScot to request information and documents in connection with control agreements and control schemes.
  
• Introducing a new process for making, varying or controlling a control scheme, including allowing NatureScot to register a control scheme against the title to the land, so that the control scheme is binding on successor owners.
  
• Creating a new register for those competent to shoot deer and those authorised to undertake specified activities e.g. night shooting.
  
• Introducing a new offence of failing to report the taking or killing of stray farmed deer.
  
• Repealing the licensing of venison dealing.

The controversial Deer Management Nature Restoration Order (“DMNRO”) proposed in the consultation preceding the Bill has been dropped. However, some of the substantive aims of the DMNRO have been carried through in the Bill such as the proposal to extend NatureScot’s deer management powers to include where deer are deemed to impact on nature restoration.

The Bill also modernises the aims of National Parks and gives the Scottish Ministers powers to introduce a fixed penalty regime for the enforcement of National Park byelaws. Duties on the Scottish Ministers to set legal binding targets for improving biodiversity are also included.

The Bill is in the early stages and amendments to it are likely to be made as it makes its way through the parliamentary process. It is expected that it will be passed at some point next year and that once enacted, secondary legislation would be required for certain elements and there may be transitional provisions. The Rural Affairs and Islands Committee (the lead parliamentary committee responsible for reviewing the Bill) is seeking views on the Bill. Responses can be submitted here. This call for views closes on 9 May 2025.

The Scottish Government has also published an analysis of responses to a stakeholder consultation on proposed amendments to existing deer legislation to be undertaken via secondary legislation, including changes to male deer close seasons, ammunition weights and night shooting. The analysis can be viewed here.