Wild bird habitat duties: guidance for public bodies

Provisions in the legislation

The key objective in the legislation (Regulation 3A(3)) is “the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in Scotland in implementation of Article 3 of the Wild Birds Directive (including by means of the upkeep, management and creation of such habitat, as appropriate), having regard to the requirements of Article 2 of that Directive.”

Regulation 3A(1) requires Scottish Ministers, Scottish Natural Heritage (SNH) and, in relation to the Scottish marine area, a competent authority to take such steps in the exercise of their functions as they consider appropriate to secure the above objective.

Regulation 3A(2) requires, except in relation to the Scottish marine area, that the Scottish Environment Protection Agency (SEPA), the Forestry Commissioners^[1], local authorities and National Park authorities must take such steps in the exercise of their functions as they consider appropriate to contribute to the achievement of the above objective.

Regulation 3A(5) clarifies that in the Scottish marine area the above objective is included in Section 79(3)(a) of the Marine (Scotland) Act 2010.

Regulation 3A(6) states that in considering which measures may be appropriate for the purpose of securing or contributing to the objective, regard may be had to economic and recreational requirements.

SNH is required by Regulation 3B(1) from time to time to review the extent to which the objective has been met (other than in the Scottish marine area) and report on this to the Scottish Ministers.

Regulation 3B(3) states that the Scottish Ministers, after consultation with SNH, must give guidance to SEPA, Forestry Commission Scotland (FCS)1, local authorities and National Park authorities to facilitate the determination by those bodies of the extent to which any diversity and area of wild bird habitat is sufficient and on the steps that it may be appropriate to take.