Proposals to Amend Scottish Government Policy on the Protection Afforded to Certain Ramsar Features - Consultation Paper

Background

1. The International Convention on Wetlands of International Importance (‘Ramsar Convention’) was adopted in Ramsar, Iran in February 1971 and came into force in December 1975. The United Kingdom Government is signatory to the Convention, but as biodiversity is a devolved matter, provisions for site protection and management are the responsibility of Scottish Government. There are currently 51 Ramsar sites in Scotland, supporting 284 Ramsar natural features (i.e. wetland habitats or bird populations).

2. In Scotland, statutory protection of natural heritage sites is delivered primarily through designation either as a Site of Special Scientific Interest (SSSI) or as a Special Area of Conservation / Special Protection Area (European site) under the [Nature Conservation (Scotland) Act 2004 and The Conservation (Natural Habitats, &c.) Regulations 1994 (Habitats Regulations) respectively.

3. There is no specific, separate legislative protection for Ramsar features in Scotland or the wider UK. Rather, Ramsar sites are identified and designated alongside the underpinning SSSI or European site designations. The Scottish Government policy position, for the protection of Ramsar natural features in land use planning and licencing decision making 2019^[1], has been taken forward in National Planning Framework 4 (NPF4), which says:

“Policy 4c) All Ramsar sites are also European sites and / or Sites of Special Scientific Interest and are extended protection under the relevant statutory regimes”

4. In England and Wales, the protection mechanism for Ramsar natural features is similarly derived from the underpinning protected area (SSSI or European site). However, the National Planning Policy Framework in England and Wales stipulates that both European sites and Ramsar sites should be treated as ‘habitats sites’ for the purpose of assessing the effects of plans or projects which may have an adverse effect on them. This effectively means that Ramsar features are treated as though they are European sites for the purposes of Habitats Regulations Appraisal.

5. To implement a similar policy position in Scotland to that in England and Wales will require:

• The development of Conservation Objectives for all Ramsar natural features which have been identified in the site citations to feed in to the Habitats Regulations process.
• Provisions of Guidance for Planning/Consenting/Licencing Authorities of the considerations they must take in determining plans or projects which may have an adverse impact on Ramsar sites before giving consent.