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

Practical Implications of the Current Policy Position for Ramsar in Scotland

6. The current position in Scotland means that there is the appearance of a two tier protection system in place for Ramsar natural features depending on whether the underpinning designation is a SSSI or a European site. It can be argued that European sites attract a slightly higher degree of protection through planning, consenting and licencing systems by requiring an appropriate assessment under the provisions of Regulation 48 of the Habitats Regulations if a significant effect on a European site is deemed likely by the consenting / licencing authority e.g. Planning Authority or the Scottish Environment Protection Agency (SEPA).

7. Such an assessment process under the Habitats Regulations must take explicit account of any likely adverse effect on a European site in combination with other plans or projects – these could be on or off the site itself. For SSSI, the assessment of off-site proposals which could have adverse implications for the protected area is less explicit and could therefore be seen to be at the discretion of the consenting/licencing authority. For instance, in a Planning context, NPF Policy 4c) stipulates that:

“Development proposals that will affect a …….Site of Special Scientific Interest….. will only be supported where:

i. The objectives of designation and the overall integrity of the areas will not be compromised; or

ii. Any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social, environmental or economic benefits of national importance”.

8. The practical implication of the current situation is that plans or projects which could have adverse impacts on the same habitat (e.g. inter-tidal mud / sandflats) or species (e.g. barnacle goose) could be assessed in different ways on different Ramsar sites, depending on whether the feature is under-pinned by SSSI or European site. This could cause confusion for the consenting / licencing body (Competent Authorities for the purposes of Habitats Regulations) and / or land managers seeking to take forward land use change on or adjacent to Ramsar sites.

9. In order to secure the equivalent level of protection for all Ramsar features, and to achieve a similar position to the wider UK with respect to Ramsar features, the Scottish Government therefore proposes to introduce new policy such that plans or projects likely to affect any Ramsar site / natural feature will be treated as though it was a European site for the purposes of the Habitats Regulations Appraisal process. We propose this policy should apply to any Competent Authority, as recognised under the Habitats Regulations, including Ministers, government departments, public or statutory undertakers, public bodies or person holding public office. The policy would therefore become a material consideration in land use planning consenting, licencing and other authorisations for land use change.