Tackling the Nature Emergency - strategic framework for biodiversity: consultation

Part B - Proposals for Legislation

Section Six: Statutory Targets for Nature Restoration

Introduction

This consultation deals with three parts of the Scottish Government's Biodiversity Strategic Delivery Framework:

1. The overarching Scottish Biodiversity Strategy which sets out our high level vision to be nature positive by 2030, and to have restored and regenerated biodiversity across the country by 2045,

2. The underpinning five-year rolling Delivery Plans which will set out the detailed actions we need to take to achieve the vision set out by the Strategy and

3. The proposed Natural Environment Bill

A central part of the proposed Natural Environment Bill is a framework for statutory targets for nature restoration (hereafter referred to as statutory targets). The statutory targets will be binding on government, in the same way that climate change targets require the Scottish Government to work towards meeting our net zero target.

As outlined in the Scottish Biodiversity Strategy, statutory targets will form a key element of the accountability framework, which in turn will support the delivery of the Strategy's high-level goals.

Putting nature restoration targets on a statutory footing is complex and requires a robust and transparent approach. Done well, statutory targets will signal a clear long-term direction of travel, and drive and focus action. If targets are poorly formulated however they can create perverse incentives, lead to a misallocation of resources and undermine actions. We are therefore consulting at an early stage of development on the targets policy framework.

In conjunction with this consultation, we will be seeking expert advice on the most appropriate suite of targets. That advice will come initially from the Scottish Biodiversity Programme Advisory Group (PAG), a group of external experts covering a range of academic disciplines that has been convened to advise on the Scottish Biodiversity Strategy. NatureScot's Scientific Advisory Committee (NatureScot SAC) will then review the recommendations from the PAG and provide advice to Ministers.

The PAG will continue to play a key role in developing the indicators and quantifiable values for targets, again with a role for the NatureScot SAC. The proposed set of detailed targets, with indicators and values, will then go out for further consultation prior to it being laid before parliament to be delivered through secondary legislation.

Context for Statutory Targets

Previous efforts to address biodiversity loss has produced some good but limited results and analysis has shown that we need to:

• Work more strategically and at scale;
• Focus on ecosystem health and landscape scale regeneration as well as on management for individual species;
• Systematically mainstream biodiversity across sectors and the wider policy landscape;
• Ensure sufficient investment;
• Strengthen accountability for delivery.^[1]

Successful targets will be ones which incentivise and drive actions to address these critical shortcomings: incentivising transformative change; ensuring that biodiversity is factored into policy development at all levels of government (often referred to as 'mainstreaming biodiversity'); providing a clear signal of the Scottish Government's long-term commitment to addressing the biodiversity crisis; and putting accountability for achieving goals onto a legislative footing.

Statutory targets will nest within a wider monitoring framework, to monitor progress against our domestic and international obligations and commitments, including primarily the Kunming/Montreal Global Biodiversity Framework (GBF).^[2]

Placing Targets on a Statutory Footing

Given the complexity of putting nature restoration targets on a statutory footing, careful consideration is needed as to how targets are set within legislation (i.e. what detail sits in primary and secondary legislation). Statutory targets set the long-term commitment of government and if they are going to drive the transformational change needed to tackle the biodiversity crisis, then it is essential they provide clear focus and are ambitious and stretching.

For statutory targets to be effective it is also necessary they are able to adapt and change as our knowledge and understanding increases. Given the complexity and inter-relatedness of nature and the uncertainty of impacts such as climate change on it, it is difficult to accurately predict the impact of our actions into the future.

We therefore propose that the Natural Environment Bill should establish the framework for targets, and that this will include the high-level topics (e.g. species abundance and habitat quality) that targets will be required to be set against. The detail of the targets, such as the quantitative figures, will then be provided in secondary legislation. This approach allows for targets to be agile and adapt to unforeseen circumstance and ensures parliamentary scrutiny in maintained.

Question 6a: Do you agree with this approach to placing targets on a statutory footing?

• Yes
• No
• Unsure

Please explain the reasons for your response:

The Targets Framework

There are three key aspects to developing a framework for statutory targets for nature restoration in Scotland. These are how we:

• Select and set statutory targets – the form of statutory target (i.e. the type of target, number of targets and timescale for the target) and the criteria to be taken into account when selecting and setting targets.
• Review statutory targets – getting this right is critical to ensuring statutory targets will be agile and adaptive, remain effective and avoid poor or even perverse outcomes in the long-term.
• Report on statutory targets – this aspect will determine how targets will be reported on, including the role of an Independent Review Body (IRB).

Part 1: Process for Selecting and Setting targets

This first step in the process will identify the criteria for the selection of targets and the form of targets.

The targets will need to be both considered on their own merits but also as part of the wider suite of targets, to ensure that collectively they are a sufficient measure of whether we are delivering the Strategy vision and outcomes. The next step in selecting and setting statutory targets will therefore articulate the high-level topics that we will require targets to be set to. For example, there may be a target focused on the long-term outcome for species abundance.

The third step is to assign indicators and quantifiable values to the proposed suite of targets. A key part of this step will be to identify any risks or issues around using particular metrics or indicators, to ensure we have a robust approach. Setting the right values will be an important and complex process and expert advice will be sought.

As noted above, it is proposed the Bill will place a duty on Ministers to set targets on various topics that will be specified in the Bill, while the detail, in particular the quantifiable values, will be set out in secondary legislation.

Criteria for Selecting Targets

We propose the following criteria be taken into account in the selection of targets:

• Alignment with the Scottish Biodiversity Strategy high-level goals and outcomes.
• Alignment with the Global Biodiversity Framework (GBF) targets, metrics and indicators.
• Alignment with EU's environmental standards including with the proposed Nature Restoration Law.
• Synergy with existing and forthcoming Scottish Government legislative frameworks and strategies, e.g. the emissions reduction targets; Climate Change Plan, and Scottish Climate Change Adaptation Programme (SCCAP).
• Targets that will galvanise cross sectoral and cross portfolio action.
• Targets that are SMART (Specific. Measurable. Ambitious. Realistic. Timebound) in line with CBD guidance.

Question 6b: Do you agree with the criteria set out for the selection of targets?

• Yes
• No
• Unsure

Please explain the reasons for your response:

The Form of Targets

We have initially considered the merits of the following types of targets:

• Outcome targets which demonstrate whether activities have achieved the desired overall effect;
• Output targets, which focus on whether actions are being delivered; or
• Input targets, which are focused on resources, such as money, equipment or people devoted to creating an output.

Targets that focus on achieving high-level outcomes are less prescriptive about how to reach the desired goals and have been shown to produce the best results.^[3] However, it can be difficult to demonstrate that an outcome has been delivered – particularly in complex systems such as the natural environment – and whether actions in train will deliver the desired outcome. An example of an outcome target would include:

• X% increase in the abundance of species by a specific date.

Outputs are the activities that are aimed at delivering the outcomes. While both are firmly based in evidence (i.e. 'if I do X, then Y will happen'), outputs are relatively more straightforward to measure than outcomes. However, they are less responsive to changing evidence about the best way to achieve an outcome and may create undue focus on specific aspects of a programme. Examples of output targets in nature restoration would include:

• X hectares of peatland restored by specific date;
• invasive species removed from Y hectares of ancient woodland by a specific date.

Input based targets can be useful in some circumstances but are generally a crude and imprecise measure in terms of delivering complex outcomes. They can severely constrain agility in adapting to dynamic elements such as environmental shifts. Examples of input targets would include:

• £X spent on nature restoration within a specific timeframe.

We propose Scotland's statutory targets should include a combination of outcome targets and output targets.

Question 6c: Do you agree statutory targets should include a combination of outcome targets and output targets?

• Yes
• No
• Unsure

Please explain the reasons for your response:

Examples of Potential Target Topics

Building on analysis which NatureScot undertook, on reporting on delivery of international targets included in the Global Biodiversity Framework, we have brought together a list of potential topic areas for statutory targets for Scotland. These are set out below for illustrative purposes.

As noted above, in deciding which of these topics would form the most appropriate suite of statutory targets, we will be seeking advice from external experts. Those recommendations, alongside the views expressed in responses to this consultation, will provide the basis of advice that will inform the final suite of target topics to be included in the Bill. The resulting set of detailed SMART targets that will be developed from the suite of topics will then go out for further consultation prior to being laid before parliament to be made by secondary legislation.

The list below is not exhaustive or definitive and is included for indicative purposes only. It will be open for our external experts or for Scottish Ministers to suggest alternative topics not included here. Some topics may not ultimately be selected as suitable for statutory targets, however, this does not mean that we are not taking action on these fronts. The health and progress of all topics will be monitored, as part of obligations in our Biodiversity Strategy and Delivery Plan and other environmental commitments.

• Ecosystem integrity (condition, ecological function, diversity, resilience)
• Areas of ecosystems under restoration
• Ecosystem connectivity
• Habitat quality/condition
• Habitat extent
• Protected area extent
• Protected area condition
• Species abundance
• Species distribution
• Species extinction risk
• Invasive non-native species (INNS) – reduction and control
• Mainstreaming biodiversity
• Nutrient Pollution
• Pesticide and hazardous substances pollution
• Investment in biodiversity
• Population of exploited species
• Indirect effects of species exploitation
• Nature Based Solutions
• Natural Capital

Question 6d: Is the list of potential target topics sufficiently comprehensive in terms of the focus of proposed target areas and overall scope?

• Yes
• No
• Unsure

Please explain the reasons for your response. If you answered "No", please provide details of any target topics which you think are missing from the list.

Question 6e: Do you have any other comments on the list of potential target topics?

• Yes
• No

If you answered "Yes", please provide your comments below.

Number of Targets

Biodiversity is a complex set of inter-connected systems – and it is not possible to identify a single quantifiable apex target – the equivalent of NetZero in the climate world. In the same way that it is not possible to identify a single target that describes whether a person is 'healthy' (a doctor may consider a range of factors such as immune response, cardiovascular fitness, mental health, blood pressure etc.), setting targets for nature restoration is therefore complex.

The challenge is to find a suite of targets that enable us to track the overall status of biodiversity. In so doing we need to avoid the risk of setting statutory targets for 'everything'. Whilst this might be comprehensive and reflect the complexity and inter-connectedness of biodiversity, it would also be disproportionately bureaucratic and burdensome. Putting an excessive number of targets into legislation also risks diluting public and political focus and weakening accountability.

We propose the smallest feasible number of targets which reflects the complexity of nature restoration.

Question 6f: Do you agree with the proposal to have the smallest feasible number of targets which reflects the complexity of nature restoration?

• Yes
• No
• Unsure

Please explain the reasons for your response:

Timescale for Statutory Targets

Scotland's Biodiversity Strategy sets out a high-level, long-term vision for reversing biodiversity loss by 2030 and substantially restoring and regenerating biodiversity in Scotland by 2045. This is, in part, because actions to address biodiversity loss can take a long time to have an impact. However, that must not diminish the urgency of the need to take action. The purpose of statutory targets is to drive those actions now and sustain them through the duration of the strategy timeframe.

There are a range of relevant factors in considering the timescale for targets including: the type of targets, the urgency of action they are aiming to galvanise and the timeframes for monitoring and reporting (it can take up to 2-5 years for collection, collation and publication of relevant data). Options considered for timescales for statutory targets included: three-yearly; aligned with 5 year delivery plans; and aligned with the 2030 and 2045 timescales set out in the Strategy.

We propose alignment of targets with the 2030 and 2045 timescales of the Strategy, with the option to include interim values with specified dates.

Question 6g: Do you agree statutory targets should align with the 2030 and 2045 timescales set out in the Strategy?

• Yes
• No
• Unsure

Please explain the reasons for your response:

Part 2: Process for Reviewing Statutory Targets

Given the complexity of measuring biodiversity, it is important that we are able to adapt statutory targets. For example, it may be beneficial to change how they are monitored to use new, more effective technology. It is also possible that progress is made more quickly than anticipated, and additional or alternative targets are considered desirable. Equally it may be that circumstances change in unforeseen ways leading to scientific evidence indicating that one or more of the targets have become, for example, no longer relevant and therefore are no longer a good use of public funds.

Therefore, it is proposed that a review and adjustment process will be set out in the Bill. We are proposing that Scottish Ministers will be required to seek and publish external expert advice before making any adjustments, with relevant input from an Independent Review Body. Such adjustments would be done by statutory instrument, with appropriate Parliamentary oversight.

Question 6h: Do you agree the Bill should allow for the review of statutory targets?

• Yes
• No
• Unsure

Please explain the reasons for your response:

Part 3: Process for Reporting on Targets

For meaningful accountability, clear and regular reporting on progress towards meeting targets is required. The Scottish Government is already required to report to Parliament every three years on the implementation of the Biodiversity Strategy in Scotland^[4].

We propose to align reporting of progress on achieving the targets with existing reporting cycles.

Question 6i: Do you agree that reporting on targets should align with existing Biodiversity reporting requirements?

• Yes
• No
• Unsure

Please explain the reasons for your response:

Independent Review Body

We think it is appropriate to designate an Independent Review Body (IRB) who will have the function of reporting on Scottish Government's progress in meeting the statutory targets.

The IRB would have to be:

• independent from Scottish Ministers;
• able to provide, or source, expert advice; and
• cost effective for the public purse.

We propose that enabling powers be included in the Natural Environment Bill to allow Scottish Ministers to designate a body as the IRB.

Question 6j: Do you agree that an Independent Review Body is needed to report on Government's progress in meeting the statutory targets?

• Yes
• No
• Unsure

Please explain the reasons for your response:

Section Seven: National Parks

Background

It is 20 years since Scotland's first two National Parks in Loch Lomond & Trossachs and Cairngorms were created. They are home to some of the country's most outstanding scenery, they host precious habitats such as Atlantic rainforest and high altitude moorland and grassland and they support thousands of rare and internationally important birds, mammals, insects, fungi and plant species.

Both National Parks support the communities living within them, they promote local employment and they welcome, educate and manage millions of visitors. For example, Cairngorms National Park attracts over two million visitors each year and tourism is a very important aspect of the local economy, accounting for around 43% of employment in the area. Cairngorms Connect, the UK's largest habitat restoration project, employs over 60 members of staff and has generated around £3.9 million of investment.

Scotland's National Parks are more important now than ever before. Sadly, the evidence tells us that Scotland, in common with the rest of the UK, has not done enough over the last 20 years to prevent the continuing decline in biodiversity. The 2019 State of Nature Scotland report indicated that 49% of Scottish species have decreased in abundance and 11% of species are threatened.

Working with partners and their local communities, our National Parks can be exemplars in contributing towards Scotland's ambitious targets to halt biodiversity loss by 2030 and reverse declines by 2045. Equally, they have a vital role to play in the transition to a net zero economy in a way that is fair and inclusive for local people.

National Parks can help drive the adoption of nature-based solutions – such as restoring degraded peatland and expanding woodland – in order to reduce carbon emissions and adapt to the effects of climate change in a way that is fair and inclusive to those living and working in their areas. They can encourage nature friendly farming, forestry and marine use. They can support sustainable tourism and visitor management. They can support their local communities, for example by creating new employment opportunities and promoting green skills and jobs. And they can help to generate and channel inward investment into the precious natural resources in their areas.

That is why the Scottish Government has committed to the designation of at least one new National Park in Scotland by 2026.

Current legal framework for National Parks

Loch Lomond & Trossachs National Park Authority and the Cairngorms National Park Authority were established as executive non-departmental public bodies (NDPBs) under the provisions of the National Parks (Scotland) Act 2000 ("the 2000 Act").

The 2000 Act sets out four National Park aims:

(a) to conserve and enhance the natural and cultural heritage of the area;

(b) to promote the sustainable use of the natural resources of the area;

(c) to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public; and

(d) to promote sustainable economic and social development of the area's communities.

The role of each National Park authority is to co-ordinate the delivery of these four statutory National Park aims, and in this way ensure a sustainable future for these areas. Each park authority is required to prepare a five-year National Park Partnership Plan. These plans set out how all those with a responsibility in each park, across public, private and voluntary organisations will coordinate their work to address the most important issues in relation to nature, people and place.

Section 9(6) of the 2000 Act states that, if it appears to the National Park authority that there is a conflict between the National Park aims, the authority must give greater weight to the first aim (to conserve and enhance the natural and cultural heritage of the area).

Each park authority is governed by a park authority board. The role of the board is to agree long term objectives for the National Park and to govern the work of the park authority. Park authority boards are made up of members that are appointed by Scottish Ministers, members that are elected locally and members that are nominated by the local authorities in the park area.

Proposed Changes

In 2022 the Scottish Government consulted widely on the future of National Parks in Scotland. The analysis of these public consultations can be found here and here.

These consultations have shown that many people want to see new National Parks in Scotland. Recent public opinion surveys in Scotland indicate that 89% of people support the creation of new National Parks and that 74% of people want to see more nature restoration within National Parks.^[5] The consultations have also highlighted the important leadership role of National Parks in tackling the interlinked crises of climate change and biodiversity loss, whilst also welcoming visitors and supporting local communities and businesses.

It is therefore important that both existing and new National Park Authorities have the legal framework and powers they need to fulfil this leadership role. It is also important that existing and new National Parks have effective and efficient governance, ensuring that the membership of their boards is diverse, that it reflects and represents local communities whilst also bringing relevant skills, expertise and experience into the organisation. And it is essential that the legal framework which sets out the overarching purpose and aims of our National Parks is fit for purpose in order to respond to today's societal challenges, in particular the interlinked biodiversity and climate crises.

Purpose of National Park Authorities

The current purpose of a National Park authority in Scotland, as set out in the 2000 Act (see section 9(1)), is "to ensure that the National Park aims are collectively achieved in relation to the National Park in a coordinated way".

Given the urgency of the biodiversity and climate crises, and the leadership role of National Parks, we are proposing that, in addition to the collective achievement of the National Park aims, the statutory purpose specifically refers to nature restoration and tackling climate change.

Question 7a: Do you agree that the purpose of National Park authorities should be amended in order to emphasise the important leadership role that National Park authorities need to play in restoring nature and in mitigating and adapting to climate change?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Aims of National Parks

In order to support the proposed new purpose of Scotland's National Park authorities, we are also proposing to make some changes to the statutory National Park aims.

First National Park aim

Currently, the first National Park aim is "to conserve and enhance the natural and cultural heritage of the area".

We propose updating the language and having two separate aims along the following lines so that these aims would seek to:

(i) Protect, restore and enhance the natural assets, biodiversity and ecosystems within the National Park;

(ii) protect and enhance the cultural heritage and historic environment assets within the National Park;

Question 7b: Do you agree with these suggested changes to the first National Park aim?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Second National Park aim

Currently the second National Park aim is "to promote the sustainable use of the natural resources of the area". In light of the leadership action that is required of Scotland's National Parks to restore nature and tackle climate change in a way that is fair and inclusive to individuals and communities living and working within the park area, we propose changing this aim along the following lines so that the aim would seek to:

(iii) promote the sustainable management of the area's natural resources to maximise the benefits for the environment, climate, economy and people.

Question 7c: do you agree with the suggested change to the second National Park aim?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Third National Park aim

Currently the third National Park aim is "to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public".

Scotland's existing National Parks attract millions of visitors each year and they work hard to improve accessibility, inclusion, visitor safety and responsible tourism. Given the importance of biodiversity and the natural environment to our physical and mental health and wellbeing, we propose changing this aim along the following lines so that the aim would seek to:

(iv) promote public understanding and enjoyment of the area's natural and cultural assets, supporting sustainable tourism and visitor management, inclusion and improved accessibility for all.

Question 7d: Do you agree with the suggested change to the third National Park aim?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Fourth National Park aim

Currently the fourth National Park aim is "to promote sustainable economic and social development of the area's communities".

Our National Parks are ideally placed to help support the necessary transition to a greener economy in a way that is fair and inclusive to local communities. This includes supporting the growth of nature-based jobs and skills, investing in the area's natural capital and working with communities and businesses to help them transition to net zero whilst supporting and developing the local wellbeing economy.

Therefore, we propose changing the fourth National Park aim along the following lines so that the aim would seek to:

(v) promote the sustainable economic, social and cultural development and wellbeing of the area's communities.

Question 7e: Do you agree with the suggested change to the fourth National Park aim?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

The National Park 'principle'

Section 9(6) of the 2000 Act states that "if, in relation to any matter, it appears to the authority that there is a conflict between the National Park aim set out in section 1(a) and other National Park aims, the authority must give greater weight to the aim set out in section 1(a)" (that being the aim to conserve and enhance the natural and cultural heritage of the National Park area).

We propose retaining this principle and applying it to the amended first aim that we are proposing (that is, to protect, restore and enhance the natural assets, biodiversity and ecosystems within the National Park). This would allow greater weight to be given to the protection and restoration of natural assets, biodiversity, and ecosystems within the National Park if there was a conflict between the aims.

Question 7f: Do you agree that the National Park 'principle' set out in section 9(6) of the 2000 Act should be retained? This would mean that, if there is a conflict between the National Park aims, greater weight should be given to the first aim which would seek to protect, restore and enhance the natural assets, biodiversity and ecosystems within the National Park.

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Relevance of the National Park aims and the National Park principle to other public bodies operating within National Parks

National Park authorities work in partnership with a wide range of public sector bodies and other organisations operating within the National Park area in order to achieve the National Park aims and to implement National Park plans. To support the collective achievement of the National Park aims, we propose that public bodies operating within the National Park should have regard to the National Park aims and the National Park principle.

This duty would apply to public bodies operating in National Parks for a purpose that is devolved to Scotland. The duty should not conflict with or displace responsibilities that are the primary remit of these public bodies.

Question 7g: Do you agree that public bodies operating within the National Park should have regard to the proposed National Park aims?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Question 7h: Do you agree that public bodies operating within the National Park should have regard to the National Park principle?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Duty on public bodies to support implementation of National Park Plans

Section 14 of the 2000 Act states that National Park Authorities, local authorities and any other public body or office holder must, in exercising functions that affect a National Park, have regard to the National Park Plan.

National Park Plans are the management plans for National Parks and they are approved by the Scottish Ministers. These plans are developed by the National Park Authority in collaboration with public bodies and other partners operating within the National Park area.

We propose that this duty on public bodies should be strengthened so that public bodies operating within the National Park have an obligation to actively support and contribute to the implementation of National Park Plans, for example in relation to expanding woodland, restoring peatland and important habitats, maintaining the fabric of historic buildings, developing nature-based jobs and skills, encouraging nature-friendly farming, addressing housing needs, managing visitor pressures, improving public transport and active travel and increasing accessibility.

This duty would apply to public bodies operating in National Parks for a purpose that is devolved to Scotland. The strengthened duty should not conflict with or displace responsibilities that are the primary remit of these public bodies.

Question 7i: Do you agree that the duty on public bodies operating within National Parks should be strengthened so they have an obligation to support and contribute to the implementation of National Park Plans rather than having regard to these plans?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

General powers of National Park Authorities

The powers and functions of each National Park are set out in the relevant designation order for that Park. National Park authority powers include management rules, byelaws, land acquisition powers, managing access to the countryside and planning powers. For example, Loch Lomond and the Trossachs National Park authority is responsible for deciding all planning applications in the National Park area. The planning system in the Cairngorms National Park is managed by the National Park authority and the five local authorities which operate in the National Park area, with the Park Authority 'calling in' and deciding those applications which are big or particularly important to the National Park.

Enforcement of byelaws

National Park Authorities have the power to create byelaws in order to protect the natural and cultural heritage of the area, to prevent damage to the land and to ensure public safety and enjoyment in the National Park. The purpose of these byelaws is to prevent irresponsible behaviours with formal enforcement being a last resort.

Examples of existing byelaws in Loch Lomond & Trossachs National Park include measures to tackle anti-social behaviour, and to improve public safety on Loch Lomond. The National Park Authority has recently consulted on a series of changes to the existing Loch Lomond byelaws in order to make further safety improvements in response to changing recreational uses and to minimise potential danger to the public from irresponsible navigation.

Currently, the only way to enforce the byelaws is through reports to the Crown Office and Procurator Fiscal Service (COPFS). Prosecutors in Scotland have a range of options for dealing with reported offending, including taking no action, warning letters, financial penalties, diversion from prosecution, as well as commencing court proceedings.

An alternative, proportionate and streamlined approach to byelaw enforcement could be provided by empowering National Park Authorities to be able to issue fixed penalty notices for byelaw breaches. These powers could ensure improved compliance and behaviour change while also providing a more proportionate means of enforcement when needed. Staff in Loch Lomond & the Trossachs National Park already have the powers and many years of experience in issuing Fixed Penalty Notices for littering offences under an amendment to the Environmental Protection Act 1990.

We are therefore proposing that National Park authorities should be given the power to be able to enforce the contravention of National Park byelaws by issuing fixed penalty notices.

Question 7j: Do you agree with the proposal that National Park Authorities should be able to enforce byelaw breaches within National Parks by issuing fixed penalty notices rather than referring them to local Procurators Fiscal?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Question 7k: Do you think that any other changes should be made to the general powers of National Park authorities?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Governance of National Parks

Scotland's existing National Parks are each governed by a National Park Authority (known as a "board"). The role of the board is to set the strategic direction of the National Park, to agree its long-term objectives and to direct the work of the authority in line with the National Park aims and the National Park Plan. Boards are currently made up of members that are appointed by the Scottish Ministers, members that are elected locally and members that are nominated by the local authorities in the park area. The size and composition of boards is set out in schedule 1 of the 2000 Act.

In order to provide bold leadership and ensure that National Parks are at the forefront of efforts to restore nature and tackle the climate crisis, it is essential that National Parks have effective and efficient governance. National Park Authority boards should be large enough to ensure diversity, a broad range of relevant skills and local representation. However, they should not be so large that decision making is difficult and costs to the taxpayer are disproportionate for the size of the public body.

Cairngorms National Park Authority currently has 19 members whilst Loch Lomond & Trossachs National Park Authority has 17 members. These boards are much larger than other Scottish public bodies such as the Scottish Environment Protection Agency (which currently has 10 members), Visit Scotland (which currently has 8 members), Historic Environment Scotland (which can have between 10 and 15 members) and Scottish Enterprise (which can have between 8 and 11 members).

We propose making the following changes to the size and composition of National Park authority boards in order to maximise their efficiency, diversity and relevant skillset:

(i) The board should have no fewer than 8 members and no more than 15 members.

(ii) Approximately half of the board's membership should be comprised of (a) members elected through direct elections to the board (i.e. members elected in a poll in an electoral area wholly or partly within the National Park); and (b) members nominated by local authorities in the National Park.

(iii) Approximately half of the board's membership should be directly appointed by the Scottish Ministers based on their skills, experience and their national perspective on issues facing National Parks including biodiversity and climate action.

(iv) As far as possible, greater diversity should be achieved across each board's membership, with consideration given to the protected characteristics set out in the Equality Act 2010.

(v) The Convenor and Deputy Convenor should be members of the respective board and they should be appointed by Scottish Ministers (rather than being elected by the board). Given the growing importance of National Park authorities and their significant role in response to the biodiversity and climate crises, these appointments should seek to balance local representation with the relevant skills, expertise and experience required to successfully lead a National Park authority.

(vi) The exact size and detailed composition of each National Park authority's board should be set out in the relevant Designation Order for that National Park.

Question 7l: Do you agree with the proposed changes to the governance of National Parks?

• Agree
• Partially agree
• Partially disagree
• Disagree
• Don't know

Please explain the reasons for your response:

Question 7m: Do you have any other comments that you would like to make about the aims, powers and governance of National Parks?

Section Eight: Impact Assessments – Part B

As we develop the proposals to create statutory targets for nature restoration and changes to National Parks legislation, we will carry out impact assessments. The aim of these assessments is to identify issues that may affect some groups more than others and to consider how we will address any issues that are raised.

The assessments also explore what impacts the proposals will have on business and the environment. In addition, we need to ensure the proposals comply with the European Convention on Human Rights (ECHR).

This section seeks views on the potential impacts of proposals to create statutory targets for nature restoration and to amend National Parks legislation.

We recognise that some proposals contained in Part B of this consultation will have greater impacts than others and that there may be some areas where there are minimal impacts.

Given this, when answering the questions below it would be helpful if you could set out the specific proposals to which you are referring when describing any impacts which you think should be considered.

Human Rights

The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law. It means that public authorities, such as the Scottish Government, must not act in a way which is incompatible with the rights set out in the ECHR. It is therefore vital that we consider how the proposals will impact on human rights.

Question 8a: Do you think that any of the proposals in Part B, will have any adverse impacts on human rights?

• Yes

• No
• Unsure

If yes, please provide any comments:

Question 8b: Are there any additional actions, or changes to existing actions, which can be taken through the proposals in Part B to ensure that there are no adverse effects for people's human rights?

• Yes
• No
• Unsure

If yes, please provide any comments:

Equalities

The Public Sector Equality Duty requires the Scottish Government and other public bodies when they are exercising their functions to have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010
• advance equality of opportunity between people who share a relevant protected characteristic and those who do not
• foster good relations between people who share a relevant protected characteristic and people who do not share it. For the purposes of the Public Sector Equality Duty, a 'relevant protected characteristic' means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The Equality Act 2010 sets out nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The Public Sector Equality Duty includes a requirement for the Scottish Government and other public bodies to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010.

Question 8c: Do you think that any of the proposals in Part B, will have any adverse impacts on people with protected characteristics?

• Yes

• No
• Unsure

If yes, please provide any comments:

Question 8d: Are there any additional actions or changes to existing actions which can be taken through the proposals in Part B to benefit people with protected characteristics?

• Yes
• No
• Unsure

If yes, please provide any comments:

Fairer Scotland Duty

The Fairer Scotland Duty came into force on 1 April 2018 and places a legal responsibility on named public bodies, including the Scottish Government, to actively consider how they can reduce inequalities of outcome caused by socio-economic disadvantage when making strategic decisions.

This means that as well as considering the impact on people with protected characteristics, the Scottish Government must consider how any proposals will impact on people depending on their economic background.

For example, if proposals would have a specific impact on people with low incomes or who live in a deprived area.

Question 8e: Do you think that any of the proposals in Part B will have any adverse effects on socio-economic equality?

• Yes
• No
• Unsure

If yes, please provide any comments:

Question 8f: Are there any additional actions or changes to existing actions which can be taken through the proposals in Part B to benefit socio-economic equality?

• Yes
• No
• Unsure

If yes, please provide any comments:

Island communities

Section 7 of the Islands (Scotland) Act 2018 states that a relevant authority – which includes the Scottish Ministers – must have regard to island communities when carrying out its functions. Scotland's islands face particular challenges around distance, geography, connectivity and demography, so it is important that this is considered when developing the proposals in this consultation.

It is also important that we ensure that the islands receive fair and equitable treatment and that policy outcomes are tailored to their unique circumstances.

Question 8g: Do you think that any of the proposals in Part B, will have any adverse impacts on island communities?

• Yes

• No
• Unsure

If yes, please provide any comments:

Question 8h: Are there any additional actions, or changes to existing actions, which can be taken through the proposals in Part B to ensure that there are no adverse effects for Island communities?

• Yes
• No
• Unsure

If yes, please provide any comments:

Child Rights and Wellbeing

The Articles of the United Nations Convention on the Rights of the Child, and the child wellbeing indicators under the Children and Young People (Scotland) Act 2014, apply to all children and young people up to the age of 18, including non-citizen and undocumented children and young people.

It is important that we consider how these proposals may impact on children's rights and wellbeing.

Question 8i: Do you think that any of the proposals in Part B, will have any adverse impacts on child rights and wellbeing?

• Yes

• No
• Unsure

If yes, please provide any comments:

Question 8j: Are there any additional actions or changes to existing actions which can be taken through the proposals in Part B to benefit child rights and wellbeing?

• Yes
• No
• Unsure

If yes, please provide any comments:

Business

A Business and Regulatory Impact Assessment (BRIA) is used to analyse the cost and benefits to businesses and the third sector of any proposed legislation or regulation.

Some of the proposed Bill provisions are enabling powers and are therefore unlikely to impact directly on the costs and burdens placed on businesses, the public sector, voluntary and community organisations. Your comments will help to inform a BRIA which examines the impact that changes to national parks legislation and statutory targets for nature restoration may have no businesses. This BRIA will be published at the same time as the proposed Natural Environment Bill is introduced. Any secondary legislation that flows from the Bill's primary powers will be subject to a full BRIA and consultation at that time.

Question 8k: Do you think that any of the proposals in Part B will have any adverse effects on business?

• Yes
• No
• Unsure

If yes, please provide any comments:

Question 8l: Are there any additional actions or changes to existing actions which can be taken through the proposals in Part B to benefit business?

• Yes
• No
• Unsure

If yes, please provide any comments:

Environment

In Scotland,public bodies including the Scottish Government are required to assess, consult on, and monitor the likely impacts their plans, programmes and strategies will have on the environment. This helps to better protect the environment, aims to ensure that any development is sustainable and increases opportunities for public participation in decision-making.

A Strategic Environmental Assessment (SEA) Report has been prepared in relation to the proposed changes to National Parks legislation, and will be consulted on alongside this consultation document. The proposals for statutory targets for nature restoration are to introduce a framework for the targets in the Natural Environment Bill, with the detail for the targets, for example numerical values, to be set out in secondary legislation. An SEA will be carried out and consulted on alongside the targets proposed in secondary legislation.

In relation to the Environmental Report for National Parks, that includes the proposed changes to National Parks legislation, we are seeking views on the following –

Question 8m: What are your views on the accuracy and scope of the environmental baseline set out in the environmental report?

Question 8n: What are your views on the predicted environmental effects as set out in the environmental report?

Question 8o: What are your views on the reasonable alternatives as set out in the environmental report?

Question 8p: What are your views on the proposals for mitigation and monitoring of the environmental effects set out in the environmental report?