Protected areas Briefing for Protected Areas Review

Scotland’s 1,400-plus SSSIs contain the best of our flora, fauna, geology, geomorphology or a mix of these features. SNH designates SSSIs, which are the building blocks for nature conservation.  In Scotland, this is principally a terrestrial designation that generally does not apply below the MLWS.

Are designated under the European Habitats and Birds Directives. Including off-shore sites Scotland has 404 designated Natura Sites representing Scotland’s internationally important habitats and species.  Most terrestrial Natura sites are underpinned by SSSI in order to provide the necessary statutory site protection measures.  Recently the focus on designation has been to complete the Natura network in the marine environment.

Ramsar sites are internationally important wetland sites designated under the Convention on Wetlands of International Importance. Scotland has 51 Ramsar sites.  Protection of these sites comes from their underpinning SSSI and Natura designations.

Scottish Ministers designate Nature Conservation Marine Protected Areas (NCMPAs) to help safeguard our marine environment, based on advice from SNH (and JNCC in offshore waters). Scotland’s MPAs help to protect internationally and nationally important marine wildlife, habitats, geology and undersea landforms.  31 NCMPAs have been designated.

Scottish Ministers have commitments for establishing a network of MPAs, including under the OSPAR Convention. This convention provides the mechanism by which 15 western European governments work collectively to protect the North-east Atlantic marine environment. To date, 123 marine Natura sites and MPAs in Scotland form part of the OSPAR MPA network (and an additional 12 sites have been nominated this year).

National Nature Reserves are an accolade given only to the best places for people to see the best of nature. Most of Scotland’s 43 NNRs are home to nationally or internationally important habitats and species. Natural heritage management is the main focus, but people are also encouraged to enjoy NNRs. The majority are owned or managed by SNH: other organisations managing NNRs include Forest and Land Scotland, NTS and RSPB.

National Park status helps to safeguard and enhance the special qualities of the Cairngorms, and Loch Lomond and The Trossachs. Managing multi-functional protected areas like these calls for a balance between the needs of people, landscape and nature.

National Scenic Areas (NSAs) are defined as an area “of outstanding scenic value in a national context”. The designation’s purpose is both to identify our finest scenery and to ensure its protection from inappropriate development. This is achieved through the planning system. The landscape qualities that make each NSA special have been identified. NSAs are broadly equivalent to the Areas of Outstanding Natural Beauty found in England, Wales and Northern Ireland, and are consequentially large and predominately in private ownership.

Other national designations used to protect Scotland’s natural heritage include Forest Parks and Seal Conservation Areas, while more local ones include Regional and Country Parks and Local Nature Reserves.

 A fuller list of designations is to be found in Annex 1.

SSSI were first notified under the National Parks and Access to the Countryside Act 1949, but were given much stronger protection by the Wildlife and Countryside Act 1981.  The Nature Conservation (Scotland) Act 2004 later revised and updated this.

Summary of SNH Role

What we must do

• Identify and notify suitable sites – largely complete.
• Consider “Operations Requiring Consent” - a list of operations served at the time of notification for which owners and occupiers of land within a SSSI must apply to SNH for consent to carry out.
• Offer a compensatory management agreement - if we cannot consent to an activity that is part of the established management of the land, based on any profit foregone by not undertaking the activity. Current legal advice suggests any consequential compensation is payable for as long as restrictions apply but the numbers of such agreements is relatively low.

What we may do

• Monitor sites – we have a right of access by law.
• Review and rescind a consent, but if we do so, we must be prepared to pay for the consequences of any change in management.
• Offer management agreements to seek voluntary improvement in the management of sites.  We may sometimes carry out works on the land ourselves with the owner/ occupiers consent
• Support interpretation or access to sites.  This can be achieved by funding in a management agreement or through a grant, although this happens much less with budget constraints.
• Seek a) a Nature Conservation Order or b) Land Management Order to prevent certain activities or to secure positive management.  We must offer a management agreement before we can ask for a Land Management Order to be made. Both orders are confirmed by Scottish Ministers.
• Provide advice to planning authorities concerning planning applications affecting SSSIs.

Notification Duty

NatureScot must notify any land it considers is of special interest due to its natural features.

Natural Features refer to flora or fauna or geological or geomorphological features. In carrying out this duty SNH must consider how this contributes towards the development of a series of sites of special scientific interest in Scotland representative of the diversity and geographic range of:

• Scotland’s natural features,
  • the natural features of Great Britain,
  • the natural features of the member States (soon to be irrelevant).

Sites are identified based on selection guidance produced by JNCC.  SNH considers the current SSSI suite complete, although it is recognised that certain features are under-represented in the series.

What’s involved in Notifying a Site?

In notifying a site SNH must advise owners and occupiers (tenants etc.) and produce a map, a document identifying the features of interest (citation) and a list of Operations Requiring Consent (ORCs). These are operations that could potentially damage the features of the SSSI, and are tailored to each site based on a standard list of operations.  A Site Management Statement must also be produced, which can be revised at any time.

Consents may be issued for ORCs either on a time-limited basis or in perpetuity. If NatureScot refuses a consent for on-going management, then it is obliged to offer a compensatory management agreement. It may also voluntarily offer agreements to benefit management of the site. SNH may review the list of ORCs and must do so if an owner/ occupier requests such a review, although such reviews cannot be less than six years apart.

NatureScot may de-notify all or part of sites that are considered no longer to qualify as SSSI (although no timescale is given). Owners and Occupiers may seek for the basis of designation to be reviewed once every ten years -  a matter that is considered by the PAC.

Protection for SSSI

Public bodies have a responsibility towards the conservation and enhancement of SSSIs and the overall suite of sites in carrying out any of their functions, and must consider any advice given by SNH.  They must apply to SNH for consent to carry out anything that is likely to damage the features of a SSSI.  Additionally certain listed regulatory authorities and all local authorities must consult SNH on any approvals they may issue, including applications for planning permission.

It is an offence for anyone to intentionally or recklessly damage any SSSI natural feature, and to carry out an operation requiring consent without the necessary consent. SNH has some powers to issue a restoration notice and Ministers may issue a Nature Conservation Order to prevent damaging operations. SNH is not an enforcement body, so any prosecutions have to be taken by the Procurator Fiscal and may not be a priority.

The Scottish Ministers can also issue a Land Management Order which can prescribe particular management operations.  SNH must first offer a management agreement to the land manager concerned before asking Ministers to make an Order.

There are no requirements in statute for SNH to monitor sites or features but SNH is a party to the agreement between the country nature conservation organisations on Common Standards Monitoring, which is published by JNCC alongside guidance on site selection.

Practical Implications

Area staff have a range of responsibilities for SSSIs:

• Monitoring - the expectation has been that every site will have either a basic site visit (site check) or a more detailed survey of features every 6 years (not achieved due to resource constraints).  Local staff may be involved in conducting survey work.
• Dealing with applications for consent from owners and occupiers and public bodies for relevant management work.  They will also be involved in providing advice to local planning authorities and other regulatory bodies in relation to any development proposals affecting the site.
• Working with owners and occupiers to secure appropriate management of a site, and if necessary to negotiate management agreements.  They will also be involved in developing and/or assessing applications for Agri Environment and Climate Scheme (AECS) contracts affecting SSSIs.  They will carry out compliance monitoring of management agreements.
• Investigating any reports of damage on the site.

Many sites will require on-going time commitment. Most sites have multiple ownerships (average 8 o/o), and some site owners (particularly voluntary and community owners) may proactively seek our advice.  Where the features of a site are not in favourable condition staff will promote agri-environment measures or management agreements, if appropriate.  Management Agreements can take a long time to negotiate.  There can be access issues for monitoring. And the sites generate a general level of public interest and enquiry that all requires a response.

Natura sites are designated under the European Habitats and Birds Directives. Most terrestrial Natura sites are also SSSI, but not all. Additionally these sites can extend off-shore or be fully marine. SNH has a twin role: as a public body in its own right, and in terms of duties carried out for Ministers. Scottish Government is heavily involved in site selection, guided by SNH. Nominated sites are agreed with Europe but the decision on selection will solely fall to Ministers following EU Exit. SNH will lead on consultation and survey prior to the designation of new Natura sites. In the marine environment we liaise closely with Marine Scotland.

Summary of SNH’s Role

What we must do

• Exercise our nature conservation functions to secure compliance with the Birds and Habitats Directives.  This includes duties to preserve, maintain and re-establish wild bird habitat, and from time to time to review and report on whether this objective has been met.
• Carry out a public consultation on the classification of new SPAs – this is done on behalf of the Scottish Ministers.
• Keep a copy of the register of European Sites (for Scottish SACs and SPAs) – this must be made public, and is done through our online Sitelink facility
• Carry out a Habitat Regulations Assessment on any “plans or projects” affecting a SAC or SPA that we regulate. This means any SSSI consents relating to Natura sites must be subjected to an HRA. We can only consent activities that do not compromise the conservation objectives of the qualifying features.
• Act as a Statutory Consultee for other competent authorities on plans and projects that reach the appropriate assessment stage.
• Undertake periodic reporting and contribute to Natura Article 12 and 17 reporting on behalf of government.

What we may do

• Advise competent authorities carrying out an appropriate assessment – this relates to activities regulated by other authorities including planning authorities.  We are often also asked for and provide advice at an earlier stage of the HRA process.
• Offer management agreements, seek Nature Conservation Orders and Land Management Orders.

As most terrestrial sites are also SSSIs, we have powers outlined above.

Once designated

Permission for any “plans or projects” relating to a Natura site require a Habitats Regulations Assessment (HRA) to be carried out by the “competent authority”, which is the public authority regulating the particular proposal. Should an HRA progress to the stage of an appropriate assessment, because the plan or project is likely to have a significant effect on the site, then SNH becomes a statutory consultee in the process.  SNH will have responsibilities as the competent authority if it is authorising or carrying out works directly.

If SNH objects to a plan or project as part of the appropriate assessment process, then the matter is referred to Ministers for resolution. However, Ministers too are governed by the Regulations and their decisions must be guided by both these and case law.

It is an offence to damage a Natura site.

Natura also places additional reporting responsibilities on SNH (as the government’s advisors): presently there are reporting requirements under the directives to report to Europe.  Post EU-Exit we will have to report to the JNCC, and also have to fulfil reporting obligations under the Bern Convention.

For Area (and other) staff the implications of Natura can be considerable. We must ensure that management works are consistent with the aims of the Directives, and all consents for Natura SSSIs require an HRA. The other important impact of Natura is in terms of its effect on development proposals, where the application of the Regulations can lead to complex discussions. This is because our advice should consider any potential impacts that plans or projects to be carried out well beyond the boundaries of a site can have on site features.

The threat of infraction proceedings has had a significant impact on the implementation of Natura across Europe.  The Commission has challenged Member States, including the UK, on whether the coverage of certain features is adequate, decisions on development proposals, the adequacy of conservation measures and the need for restoration of sites. Post EU Exit the Regulations will remain in place, although the Commission and European Court of Justice (ECJ) will no longer provide supranational jurisdiction beyond any transitional period. Scottish Government has plans to partially replace this scrutiny role by an Environmental Parliamentary Commissioner.

Sites that are being considered as Natura sites enjoy the same protection as those which have been designated once the Scottish Ministers have given approval for consultation.

These wetland sites have no separate statutory protection through their designation.  Instead they are protected through being SSSIs and Natura sites. Previously Scottish Government had afforded the same level of policy protection to Ramsar sites as to Natura, but it changed this policy position last year.

Areas designated as Nature Conservation Marine Protected Areas (NC MPAs) are protected under the Marine (Scotland) Act 2010.  Sites that are the subject of public consultation are called ‘possible MPAs’ (pMPAs).  These pMPAs are given policy protection meaning that they should be treated as if they are designated while the consultation and decision-making processes are underway.

The legislation states that public authorities must exercise their own function in a way, where possible, that furthers the conservation objectives of a NC MPA.  If this is not possible, then they should exercise that function in a manner that least hinders the achievement of the conservation objectives.  If the public authority believes that the exercise of a function could significantly hinder the achievement of the conservation objectives of a NC MPA, or that an application it determines might do the same, then they must inform Scottish Ministers and the relevant statutory nature conservation body (i.e SNH).

The Act sets out how public authorities should handle consenting and licensing decisions affecting NC MPA. An initial screening is conducted to decide whether the proposed activity and/or development is capable of affecting (other than insignificantly) the protected features of a NC MPA. If this is the case, a second test is conducted of whether there will be a significant risk of the activity hindering the achievement of the conservation objectives for the NC MPA.  The regulator can grant authorisation if it is satisfied that there will not be a significant risk.  If the regulator can’t determine that there will be no significant risk of the activity hindering the achievement of the conservation objectives, authorisation can still be granted if the regulator is satisfied that:

• there is no alternative that would have a lesser impact on the conservation objectives of the NC MPA; and
• the public benefit outweighs the environmental impact; and
• the applicant will arrange for measures of equivalent environmental benefit to offset the anticipated damage.

The full NC MPA process, including points at which Scottish Ministers and Scottish Natural Heritage need to be notified, is set out in the MPA Management Handbook.

Summary of SNH Role

What we must do

• SNH is a statutory consultee for all Marine Licences within MPAs (and outside MPAs)
• SNH must give advice to a public authority if the authority requests advice
• Report every 6 years on the extent to which the conservation objectives have been achieved and any further steps required to contribute to the achievement of the conservation objectives (actually a Ministerial duty we support)
• Additionally, there are other tasks not set out in the Marine Act legislation but represent expectations set by Marine Scotland, including: providing advice on management, and taking part in stakeholder discussion on management measures.

What we may do

• Provide advice and guidance on:
  • matters which are capable of affecting any protected feature of a NC MPA,
  •  the ecological or geomorphological process on which a protected feature is dependent,
  • how conservation objectives may be furthered or how they may be hindered,
  • how effects of activities may be mitigated.
• Request an explanation in writing from a public authority and send to Scottish Ministers, if we believe they have failed to comply with their duties with respect to NC MPAs.
• Undertake monitoring of the condition of protected features to inform assessment and reporting obligations. The 2017 Scottish MPA Monitoring Strategy outlines the approach including monitoring methods, collaboration and prioritisation.

What we may do

• seek modification or implementation of a deer management plan (section 6)
• enter into a voluntary control agreement (Section 7)
• request Ministers make a control scheme (Section 8)
• take direct action to prevent damage (Section 10) - we can take action ourselves and, if we chose, charge the landowner, subject to certain constraints.

Although deer management is a “whole of Scotland” issue it is particularly germane to protected areas, where for certain habitat types deer grazing is the principal or one of the principal causes of features being in unfavourable condition. This is particularly true of both upland and woodland habitats.

The Act gives SNH powers to instigate a “control agreement” under section 7 of the Act to address damage or likely damage to the natural heritage. This requires SNH to reach a preliminary view on required action and then consult with owners and occupiers. This action can include deer reductions or exclusion. The agreement is voluntary, and requires the agreement of owners and occupiers.

If agreement is not reached, or an agreement is not being acted upon, and if damage has or is being caused to woodland or the natural heritage, SNH can draw up a scheme and seek Ministerial endorsement under Section 8 of the Act. Once the scheme is in place, owners and occupiers must comply with it, and if they do not, SNH may take action directly. Any costs incurred by SNH may be recovered from owners and occupiers.

Section 10 of the Act empowers SNH to take emergency action if deer from “particular land” are causing serious damage to woodland or agricultural production. SNH can write to those with deer control rights requiring them to reduce deer numbers. If they do not comply with the order SNH can undertake control itself and seek the cost from the owner. There are certain caveats to this: notably on unenclosed woodland SNH must be satisfied that damage is being caused by a significantly higher deer population density than is usual in all the circumstances. This restriction does not apply on enclosed woodland.

Section 8 remains largely untested in the context of protected areas. There are currently five section 7 agreements all on protected areas. Section 10 has recently been used on Flanders Moss NNR, this was prompted by a complex ownership pattern and cross boundary issues which was contributing to ineffective control both on the reserve leading to damage there and more widely. Section 10 would seem to have some wider potential in the case of enclosed woodlands which may sit within a wider deer management area, and where there is a need for significant deer reductions. Section 10 is described as an emergency measure – where SNH is satisfied that none of our other powers is adequate to deal with the situation. The view we have taken is that Section 6 and 7 and potentially escalation to S8 have more applicability than Section 10.

Authors; Andy Dorin, with contributions from John Kerr, Brian Eardley, Ben James, Suzanne Henderson and Donald Fraser.

Designation: Site of Special Scientific Interest (SSSI)

Example: Sunart SSSI

No. of Sites: 1423

Underpinning Legislation: Nature Conservation (Scotland) Act 2004

Natural Features Covered:

• Habitats
• Species populations
• Earth Science Interests

Legal Protection:

• Operations Requiring Consent (ORCs)
• Nature Conservation Order (NCO)
• Land Management Order (LMO)

Notes:

Natural Features Assessed against UK Standards in Selection of SSSI Guidelines:

• biological
• geological

Natural features identified in the citation: Cover terrestrial, freshwater and marine areas to Mean Low Water Springs (but can extend subtidally in some sites).

Changes to management covered on the ORC list require land manager to apply to NatureScot for Consent.  If NatureScot considers change to be damaging to the interest and modification cannot be agreed, obliged to offer Management Agreement.

NCO is essentially a Stop Notice where damaging activity is underway.  Scottish Ministers put NCO in place.

NatureScot can apply to Scottish Ministers for an LMO to ‘conserve, restore or otherwise enhance’ natural features. NatureScot must first have had an offer of Management Agreement refused.  LMO will specify operations required and how they are carried out, likely costs and NatureScot contribution to these, and operations not to be carried out.  NatureScot can commission the work and reclaim costs.

Designation: Special Area of Conservation (SAC)

Example: Caithness & Sutherland Peatlands SAC

No. of Sites: 253

Underpinning Legislation: 

• Council Directive 92/43/EEC Conservation of Natural Habitats and of Wild Fauna and Flora [Habitats Directive]
• Implemented in Scotland through: Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) [Habitats Regulations]

Natural Features Covered:

• Habitats
• Mammals
• Invertebrates
• Vascular plants
• Non-vascular plants

Legal Protection:

• Provisions of Underpinning SSSI legislation (see above)
• Habitat Regulations Appraisal (HRA) for new Plans or Projects
• More generally, Article 6(2) of the Directive requires steps to be taken to avoid the deterioration of habitats, the habitats of species and disturbance of species which are protected in SACs.

Notes:

SACs and Special Protection Areas (see below) form a network of protected areas known as Natura 2000.

The majority of terrestrial SACs are underpinned by SSSI.

Habitats Directive:

• Annex I identifies habitats of European importance
• Annex II identifies species of European importance

for which SAC designation should be considered. Through the Habitats Regulations there are 3 Tests in a HRA to consider new plans or projects on, or adjacent to, SACs:

• is the proposal connected to, or necessary to, the qualifying features?

If no, then:

• is the proposal likely to have a significant effect on the site?

If yes, then:

• will the proposal have an adverse impact on the integrity of the site? – as determined by an ‘appropriate assessment’

The Competent Authority (usually the Regulating Authority) must complete the appropriate assessment and can only grant consent where adverse impact on integrity is concluded if:

• there are no alternative solutions
• there are imperative public interests

NatureScot is currently working on Conservation Advice Packages that will include updated Conservation Objectives and conservation measures for SACs.

Under Article 17 of the Habitats Directive, every 6 years Member States are obliged to provide a report of the Favourable Conservation Status (FCS) of Annex I and II interests. This covers SACs and wider countryside.

Designation: Special Protection Area (SPA)

Example: Firth of Forth SPA

No. of Sites: 168

Underpinning Legislation: 

• Council Directive 2009/147/EC Conservation of Wild Birds [Birds Directive]

• Implemented in Scotland through: Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) [Habitats Regulations]

Natural Features Covered:

• Birds

Legal Protection:

• Provisions of Underpinning SSSI legislation (see above)
• Habitat Regulations Appraisal (HRA) for new Plans or Projects

Notes:

Birds Directive:

Annex 1 identifies birds of European importance for which SPA designation should be considered.

SPAs can be designated for important breeding, foraging, wintering and roosting sites – both resident and migratory species.

No formal criteria for selecting SPAs in the Birds Directive, so Joint Nature Conservation Committee (JNCC) published the SPA Selection Guidelines.

SPAs can cover both terrestrial and marine areas (or both), depending on the species.

For site protection for SPAs, see SACs, above.

Under Article 12 of the Birds Directive, every 6 years Member States are obliged to provide a report of the status and trends of bird populations.

Designation: Marine SAC and SPA

Special Provisions for Management

Example: Moray Firth SAC

No. of Sites: 90

Underpinning Legislation: 

• Habitats Directive
• Birds Directive
• Implemented in Scotland through: Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) [Habitats Regulations]

Natural Features Covered:

• Habitats
• Species populations

Legal Protection:

• Provisions of Underpinning SSSI legislation (see above)
• Habitat Regulations Appraisal (HRA) for new Plans or Projects
• More generally, Article 6(2) of the Habitats Directive requires steps to be taken avoid the deterioration of habitats, the habitats of species and disturbance of species which are protected in SACs.

Notes:

For site protection for marine SAC/SPA, see SAC, above.

There is special provision for management in the Habitats Regulations:

• Regulation 33: advice from NatureScot to ‘relevant authorities’ outlining the conservation objectives and operations which may cause deterioration to qualifying interests.
• Regulation 34: allows creation of management schemes.  See Berwickshire & North Northumberland Coast SAC Management Scheme

NatureScot is currently developing Conservation and Management Advice for marine SACs (East Mingulay is published on Sitelink). These will provide the updated Regulation 33 advice for marine SACs.

Designation: Ramsar

Example: Lewis Peatlands Ramsar Site

No. of Sites: 51

Underpinning Legislation: 

Ramsar Convention on Wetlands of International Importance

Natural Features Covered:

• Wetland habitats
• Wetland birds
• Non-avian species

Not in Scotland:

• Fish

Legal Protection:

• Provisions of Underpinning SSSI legislation (see above)
• The majority of Ramsar natural features also SAC or SPA features so Habitats Regulations apply – see SACs above.

Notes:

Under the Ramsar Convention there are 9 Criteria for selecting Ramsar sites.

The Ramsar Convention has no compliance mechanism, so there are no means for initiating proceedings against Contracting Parties who are not following the requirements of the Convention.

Designation: Nature Conservation Marine Protected Area (MPA)

Example: Loch Creran MPA

No. of Sites: 31

Underpinning Legislation: 

• Marine (Scotland) Act 2010 (inshore waters to 12 nautical miles)
• Marine and Coastal Access Act 2009 (offshore waters)

Natural Features Covered:

• Inter-tidal and sub-tidal habitats
• Marine species
• Earth Science interests

Legal Protection:

• Sections 82 and 83 of the Marine (Scotland) Act 2010.
• Marine Conservation Order
• Inshore Fishing Order

Notes:

Guidelines for the selection of Marine Protection Areas published by Scottish Government, Marine Scotland, SNH and JNCC.

Conservation Objectives established for natural features within NCMPAs and the management required to achieve the objectives.

Sections 82 and 83 of the Marine (Scotland) Act outline the duties of public authorities in managing activities that may hinder the conservation objectives of NCMPAs.

Restriction on fishing activity can be put in place through a Fishing Order under the Inshore Fishing (Scotland) Act 1984 – Scottish Ministers put the Order in place.

Marine Conservation Orders (MCOs) can be put in place to further the ‘Conservation Objectives’ of a MPA.  Current MCOs in places are published on the Scottish Government website – Scottish Ministers put the MCO in place.

Conservation and Management Advice documents are being developed by SNH for MPAs.

Designation: National Nature Reserve (NNR)

Example: Flanders Moss NNR

No. of Sites: 43

Underpinning Legislation: 

• National Parks and Access to the Countryside Act 1949
• Wildlife and Countryside Act 1981

Natural Features Covered:

• Most NNRs are SSSI, SAC or SPA, so features encompassed include
• Habitats
• Species populations
• Earth Science Interests

Legal Protection:

• Sites underpinned by SSSI, so Nature Conservation (Scotland) Act applies – see SSSI above.
• NNRs also host SAC or SPA features so Habitats Regulations apply – see SACs above.

Notes:

The NNR accolade is given to Scotland’s best wildlife sites which are managed to promote the conservation of nature and access and enjoyment of nature.

• 3 main management arrangements for NNRs:
• ownership and management by NatureScot
• private ownership and NatureScot management through a Nature Reserve Agreement
• ownership and management by ‘Approved Body’ (generally environmental Non-Government Organisation or public sector)

Award of NNR Accolade overseen by the NNR Partnership.  Organisations on the partnership are:

• Community Land Scotland
• Forest and Land Scotland
• National Trust for Scotland
• RSPB Scotland
• Scottish Land and Estates
• Scottish Natural Heritage
• Scottish Wildlife Trust
• South Lanarkshire Council
• Woodland Trust Scotland

The NNR Partnership has developed Selection Criteria and Standards.

Designation: National Parks

Example: Loch Lomond and the Trossachs

No. of Sites: 2

Underpinning Legislation: 

National Parks (Scotland) Act 2000

Natural Features Covered:

Not applicable, but do encompass SSSI/SAC/SPAs

Legal Protection:

Main provisions through the Planning system, but Park Authorities have powers to acquire land, enter Management Agreements and make byelaws.

Notes:

Under the National Parks (Scotland) Act 2000, national parks in Scotland have four aims:

1. To conserve and enhance the natural and cultural heritage of the area
2. To promote sustainable use of the natural resources of the area
3. To promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public
4. To promote sustainable economic and social development of the area's communities

The two National Parks are:

• Cairngorms
• Loch Lomond and the Trossachs

Designation: Regional Parks

Example: Clyde Muirshiel Regional Park

No. of Sites: 3

Underpinning Legislation: 

Countryside (Scotland) Act 1967 as amended by Countryside (Scotland) Act 1981

Natural Features Covered:

Not applicable, but do encompass SSSI/SAC/SPAs

Legal Protection:

Local Authorities have powers to enter Management Agreements and make byelaws.

Notes:

Regional Parks are large areas of attractive countryside close to Scotland’s larger towns and cities – and popular for outdoor recreation. The designation was created to enable the coordinated management of recreation and other land uses such as farming and forestry.

The 3 Regional Parks in Scotland are:

• Clyde Muirshiel Regional Park
• Lomond Hills Regional Park
• Pentland Hills Regional Park

Designation: Country Parks

Example: Brodick Country Park

No. of Sites: 40

Underpinning Legislation: 

Countryside (Scotland) Act 1967

Natural Features Covered:

Not applicable, but do encompass SSSI or locally important wildlife areas

Legal Protection:

Local Authorities have powers to enter Management Agreements and make byelaws.

Notes:

Country parks give people convenient opportunities to enjoy the countryside and open-air recreation close to urban areas.

Designation: Local Nature Reserves

Example: Happy Valley Local Nature Reserve, Orkney

No. of Sites: 75

Underpinning Legislation: 

National Parks and Access to the Countryside Act 1949

Natural Features Covered:

Not applicable, but do encompass SSSI or locally important wildlife areas

Legal Protection:

Local Authorities have powers to enter Management Agreements and make byelaws.

Notes:

An area to be designated as a Local Nature Reserve must be:

• at least of local importance in terms of its natural heritage
• wholly within the area of the local authority planning to designate it a reserve
• owned or leased by the local authority, or the owner(s) must formally agree to the designation

Designation: National Scenic Areas (NSA)

Example: Nith Estuary NSA

No. of Sites: 40

Underpinning Legislation: 

Planning etc (Scotland) Act 2006

Natural Features Covered:

Not applicable – landscape designation

Legal Protection:

Main provisions through the Planning system.

Notes:

Scottish Planning Policy  states that development that affects an NSA should only be permitted where:

• either the objectives of the designation and the overall integrity of the NSA won’t be compromised
• or any significant adverse effects on its special qualities are outweighed by social, environmental or economic benefits of national importance

3 NSAs in Dumfries & Galloway have developed Management Strategies which lists its special qualities and summarises the action needed to safeguard these.

Designation: Biosphere Reserve

Example: Wester Ross Biosphere Reserve

No. of Sites: 2

Underpinning Legislation: 

Non-statutory - made by UNESCO under its Man and the Biosphere Programme

Natural Features Covered:

Not applicable, but do encompass SSSI or locally important wildlife areas

Legal Protection:

Part of area covered by SSSI and Natura designations, so

• Provisions of Underpinning SSSI legislation
• Habitat Regulations Appraisal (HRA) for new Plans or Projects

Notes:

Biosphere reserve designation helps to promote the integrated and sustainable management of an area.

Any community or organisation can propose a new biosphere reserve. Proposals are made to UNESCO via the Scottish Government or the UK Government’s Department for Environment, Food and Rural Affairs.

UNESCO considers all proposals, and it reviews existing sites every five years.

The community where a biosphere reserve is proposed is responsible for setting up and managing the reserve.

To achieve this, two approaches must be applied:

• the use of a zonation approach with a protected core area and a buffer area within which sustainable development may be promoted
• participation of the local community

Designation: Geopark

Example: Lochaber Geopark

No. of Sites: 3

Underpinning Legislation: 

Non-statutory - made by UNESCO Global Geopark accreditation

Natural Features Covered:

Earth Science features of national and/or international importance

Legal Protection:

Part of area covered by SSSI, so Nature Conservation (Scotland) Act applies – see SSSI above.

Notes:

Each geopark has a management group, which promotes the geopark and coordinates activities within it.

Businesses inside a geopark that make use of or benefit from its area's geological heritage are encouraged to support their conservation. This is largely to do with ensuring that all activities are environmentally sustainable.

Businesses that adhere to the geopark’s aims may use the geopark logo in marketing material.

Geopark designation doesn’t affect the day-to-day management of the land by landowners and land managers.

Designation: World Heritage Site

Example: St Kilda World Heritage Site

No. of Sites:

• 1 for nature
• 6 for heritage or nature or mixed

Underpinning Legislation: 

UNESCO grants this non-statutory designation under the Convention Concerning the Protection of the World Cultural and Natural Heritage.

Legal Protection:

Part of area covered by SSSI and Natura designations, so

• Provisions of Underpinning SSSI legislation
• Habitat Regulations Appraisal (HRA) for new Plans or Projects

Notes:

A World Heritage Site is a landmark or area which is selected by UNESCO as having cultural, historical, scientific or other form of significance, and is legally protected by international treaties. The sites are judged important to the collective interests of humanity.

Annex 1 Table - Summary of Protected Areas in Scotland

Designation and example	No. of sites	Underpinning Legislation	Natural Features Covered	Legal Protection	Notes
Site of Special Scientific Interest (SSSI) Example: Sunart SSSI	1423	Nature Conservation	Habitats Species populations Earth Science Interests	Operations Requiring Consent (ORCs) Nature Conservation Order (NCO) Land Management Order (LMO)	Natural Features Assessed against UK Standards in Selection of SSSI Guidelines biological geological Natural features identified in the citation. Cover terrestrial, freshwater and marine areas to Mean Low Water Springs (but can extend subtidally in some sites). Changes to management covered on the ORC list require land manager to apply to SNH for Consent.  If SNH considers change to be damaging to the interest and modification cannot be agreed, obliged to offer Management Agreement. NCO is essentially a Stop Notice where damaging activity is underway.  Scottish Ministers put NCO in place. SNH can apply to Scottish Ministers for an LMO to ‘conserve, restore or otherwise enhance’ natural features. SNH must first have had an offer of Management Agreement refused.  LMO will specify operations required and how they are carried out, likely costs and SNH contribution to these, and operations not to be carried out.  SNH can commission the work and reclaim costs.
Special Area of Conservation (SAC) Example: Caithness & Sutherland Peatlands SAC	253	Council Directive 92/43/EEC Conservation of Natural Habitats and of Wild Fauna and Flora [Habitats Directive] Implemented in Scotland through: Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) [Habitats Regulations]	Habitats Mammals Invertebrate Vascular plants Non-vascular plants	Provisions of Underpinning SSSI legislation (see above) Habitat Regulations Appraisal (HRA) for new Plans or Projects More generally, Article 6(2) of the Directive requires steps to be taken to avoid the deterioration of habitats, the habitats of species and disturbance of species which are protected in SACs.	SACs and Special Protection Areas (see below) form a network of protected areas known as Natura 2000. The majority of terrestrial SACs are underpinned by SSSI. Habitats Directive: Annex I identifies habitats of European importance Annex II identifies species of European importance for which SAC designation should be considered. Through the Habitats Regulations there are 3 Tests in a HRA to consider new plans or projects on, or adjacent to, SACs: - is the proposal connected to, or necessary to, the qualifying features? If no, then - is the proposal likely to have a significant effect on the site? If yes, then - will the proposal have an adverse impact on the integrity of the site? – as determined by an ‘appropriate assessment’ The Competent Authority (usually the Regulating Authority) must complete the appropriate assessment and can only grant consent where adverse impact on integrity is concluded if: - there are no alternative solutions - there are imperative public interests SNH is currently working on Conservation Advice Packages that will include updated Conservation Objectives and conservation measures for SACs. Under Article 17 of the Habitats Directive, every 6 years Member States are obliged to provide a report of the Favourable Conservation Status (FCS) of Annex I and II interests. This covers SACs and wider countryside.
Special Protection Area (SPA) Example: Firth of Forth SPA	168	Council Directive 2009/147/EC Conservation of Wild Birds [Birds Directive] Implemented in Scotland through: Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) [Habitats Regulations]	Birds	Provisions of Underpinning SSSI legislation (see above) Habitat Regulations Appraisal (HRA) for new Plans or Projects	Birds Directive: Annex 1 identifies birds of European importance for which SPA designation should be considered. SPAs can be designated for important breeding, foraging, wintering and roosting sites – both resident and migratory species. No formal criteria for selecting SPAs in the Birds Directive, so Joint Nature Conservation Committee (JNCC) published the SPA Selection Guidelines. SPAs can cover both terrestrial and marine areas (or both), depending on the species. For site protection for SPAs, see SACs, above. Under Article 12 of the Birds Directive, every 6 years Member States are obliged to provide a report of the status and trends of bird populations.
Marine SAC and SPA Special Provisions for Management Example: Moray Firth SAC	90	Habitats Directive Birds Directive Implemented in Scotland through: Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) [Habitats Regulations]	Habitats Species populations	- Provisions of Underpinning SSSI legislation (see above) - Habitat Regulations Appraisal (HRA) for new Plans or Projects - More generally, Article 6(2) of the Habitats Directive requires steps to be taken avoid the deterioration of habitats, the habitats of species and disturbance of species which are protected in SACs.	For site protection for marine SAC/SPA, see SAC, above. There is special provision for management in the Habitats Regulations: Regulation 33: advice from SNH to ‘relevant authorities’ outlining the conservation objectives and operations which may cause deterioration to qualifying interests. Regulation 34: allows creation of management schemes. See Berwickshire & North Northumberland Coast SAC Management Scheme SNH is currently developing Conservation and Management Advice for marine SACs (East Mingulay is published on Sitelink). These will provide the updated Regulation 33 advice for marine SACs.
Ramsar Example: Lewis Peatlands Ramsar Site	51	Ramsar Convention on Wetlands of International Importance	Wetland habitats Wetland birds Non-avian species Not in Scotland: Fish	All sites underpinned by SSSI, so Nature Conservation (Scotland) Act applies – see SSSI above. The majority of Ramsar natural features also SAC or SPA features so Habitats Regulations apply – see SACs above.	Under the Ramsar Convention there are 9 Criteria for selecting Ramsar sites. The Ramsar Convention has no compliance mechanism, so there are no means for initiating proceedings against Contracting Parties who are not following the requirements of the Convention. JNCC compiles UK scale national reports on progress implementing the Convention which are submitted for the 3 yearly ‘Conference of Parties’.
Nature Conservation Marine Protected Area (MPA) Example: Loch Creran MPA	31	Marine (Scotland) Act 2010 (inshore waters to 12 nautical miles) Marine and Coastal Access Act 2009 (offshore waters)	Inter-tidal and sub-tidal habitats Marine species Earth Science interests	Sections 82 and 83 of the Marine (Scotland) Act 2010. Marine Conservation Order Inshore Fishing Order	Guidelines for the selection of Marine Protection Areas published by Scottish Government, Marine Scotland, SNH and JNCC. Conservation Objectives established for natural features within NCMPAs and the management required to achieve the objectives. Sections 82 and 83 of the Marine (Scotland) Act outline the duties of public authorities in managing activities that may hinder the conservation objectives of NCMPAs. Restriction on fishing activity can be put in place through a Fishing Order under the Inshore Fishing (Scotland) Act 1984 – Scottish Ministers put the Order in place. Marine Conservation Orders (MCOs) can be put in place to further the ‘Conservation Objectives’ of a MPA.  Current MCOs in places are published on the Scottish Government website – Scottish Ministers put the MCO in place. Conservation and Management Advice documents are being developed by SNH for MPAs.
National Nature Reserve (NNR) Example: Flanders Moss NNR	43	National Parks and Access to the Countryside Act 1949 Wildlife and Countryside Act 1981	Most NNRs are SSSI, SAC or SPA, so features encompassed include Habitats Species populations Earth Science Interests	Sites underpinned by SSSI, so Nature Conservation (Scotland) Act applies – see SSSI above. NNRs also host SAC or SPA features so Habitats Regulations apply – see SACs above.	The NNR accolade is given to Scotland’s best wildlife sites which are managed to promote the conservation of nature and access and enjoyment of nature. 3 main management arrangements for NNRs: ownership and management by SNH private ownership and SNH management through a Nature Reserve Agreement ownership and management by ‘Approved Body’ (generally environmental Non-Government Organisation or public sector) Award of NNR Accolade overseen by the NNR Partnership.  Organisations on the partnership are: Community Land Scotland Forest and Land Scotland National Trust for Scotland RSPB Scotland Scottish Land and Estates Scottish Natural Heritage Scottish Wildlife Trust South Lanarkshire Council Woodland Trust Scotland The NNR Partnership has developed  Selection Criteria and Standards.
National Parks Example: Loch Lomond and the Trossachs	2	National Parks (Scotland) Act 2000	Not applicable, but do encompass SSSI/SAC/SPAs	Main provisions through the Planning system, but Park Authorities have powers to acquire land, enter Management Agreements and make byelaws.	Under the National Parks (Scotland) Act 2000, national parks in Scotland have four aims: To conserve and enhance the natural and cultural heritage of the area To promote sustainable use of the natural resources of the area To promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public To promote sustainable economic and social development of the area's communities The two National Parks are Cairngorms Loch Lomond and the Trossachs
Regional Parks Example: Clyde Muirshiel Regional Park	3	Countryside (Scotland) Act 1967 as amended by Countryside (Scotland) Act 1981	Not applicable, but do encompass SSSI/SAC/SPAs	Local Authorities have powers to enter Management Agreements and make byelaws.	Regional Parks are large areas of attractive countryside close to Scotland’s larger towns and cities – and popular for outdoor recreation. The designation was created to enable the coordinated management of recreation and other land uses such as farming and forestry. The 3 Regional Parks in Scotland are: Clyde Muirshiel Regional Park Lomond Hills Regional Park Pentland Hills Regional Park
Country Parks Example: Brodick Country Park	40	Countryside (Scotland) Act 1967	Not applicable, but do encompass SSSI or locally important wildlife areas	Local Authorities have powers to enter Management Agreements and make byelaws.	Country parks give people convenient opportunities to enjoy the countryside and open-air recreation close to urban areas.
Local Nature Reserves Example: Happy Valley Local Nature Reserve, Orkney	75	National Parks and Access to the Countryside Act 1949	Not applicable, but do encompass SSSI or locally important wildlife areas	Local Authorities have powers to enter Management Agreements and make byelaws.	An area to be designated as a Local Nature Reserve must be: at least of local importance in terms of its natural heritage wholly within the area of the local authority planning to designate it a reserve owned or leased by the local authority, or the owner(s) must formally agree to the designation
National Scenic Areas (NSA) Example: Nith Estuary NSA	40	Planning etc (Scotland) Act 2006	Not applicable – landscape designation	Main provisions through the Planning system	Scottish Planning Policy states that development that affects an NSA should only be permitted where: either the objectives of the designation and the overall integrity of the NSA won’t be compromised or any significant adverse effects on its special qualities are outweighed by social, environmental or economic benefits of national importance 3 NSAs in Dumfries & Galloway have developed Management Strategies which lists its special qualities and summarises the action needed to safeguard these.
Biosphere Reserve Example: Wester Ross Biosphere Reserve	2	Non-statutory - made by UNESCO under its Man and the Biosphere Programme	Not applicable, but do encompass SSSI or locally important wildlife areas	Part of area covered by SSSI and Natura designations, so - Provisions of Underpinning SSSI legislation - Habitat Regulations Appraisal (HRA) for new Plans or Projects	Biosphere reserve designation helps to promote the integrated and sustainable management of an area. Any community or organisation can propose a new biosphere reserve. Proposals are made to UNESCO via the Scottish Government or the UK Government’s Department for Environment, Food and Rural Affairs. UNESCO considers all proposals, and it reviews existing sites every five years. The community where a biosphere reserve is proposed is responsible for setting up and managing the reserve. To achieve this, two approaches must be applied: the use of a zonation approach with a protected core area and a buffer area within which sustainable development may be promoted participation of the local community
Geopark Example: Lochaber Geopark	3	Non-statutory - made by UNESCO Global Geopark accreditation	Earth Science features of national and/or international importance	Part of area covered by SSSI, so Nature Conservation (Scotland) Act applies – see SSSI above.	Each geopark has a management group, which promotes the geopark and coordinates activities within it. Businesses inside a geopark that make use of or benefit from its area's geological heritage are encouraged to support their conservation. This is largely to do with ensuring that all activities are environmentally sustainable. Businesses that adhere to the geopark’s aims may use the geopark logo in marketing material. Geopark designation doesn’t affect the day-to-day management of the land by landowners and land managers.
World Heritage Site Example: St Kilda World Heritage Site	1 for nature 6 for heritage or nature or mixed	UNESCO grants this non-statutory designation under the Convention Concerning the Protection of the World Cultural and Natural Heritage	n/a	Part of area covered by SSSI and Natura designations, so Provisions of Underpinning SSSI legislation Habitat Regulations Appraisal (HRA) for new Plans or Projects	A World Heritage Site is a landmark or area which is selected by UNESCO as having cultural, historical, scientific or other form of significance, and is legally protected by international treaties. The sites are judged important to the collective interests of humanity.