UK Act of Parliament 2004 Scotland

Nature Conservation (Scotland) Act 2004

An Act of the Scottish Parliament to make provision in relation to the conservation of biodiversity; to make further provision in relation to the conservation and enhancement of Scotland’s natural features; to amend the law relating to the protection of certain birds, animals and plants; and for connected purposes.

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
NatureScot
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 9 of 34 obligations carry a criminal penalty. 9 carry different penalties and 16 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person16 Occupier1 Director or Officer1

Plus 16 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Biodiversity

2 of 3 sections shown
s.001 Duty to further the conservation of biodiversity (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public bodies and office-holders must further biodiversity conservationCrown / Minister / Government department
s.002 Reports on compliance with biodiversity duty Regulated
Other duties (1) — Crown / regulator
  • A public body must report on its biodiversity duty every 3 yearsCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.002 Scottish Biodiversity Strategy (opens in a new tab)
Part 2

Conservation and enhancement of natural features

16 of 49 sections shown
s.003 Duty to give notification of sites of special scientific interest (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NatureScot must notify interested parties of SSSI designationStatutory regulator
s.004 Site management statements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SNH must provide site management statement with SSSI notifications and share revisionsStatutory regulator
s.006 Review of operations requiring consent (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • SNH must review operations requiring consent on requestStatutory regulator
s.013 Operations by public bodies etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public bodies must not damage SSSI features without NatureScot consentCrown / Minister / Government department
s.015 Consent by certain regulatory authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must notify NatureScot before permitting SSSI-affected operationsStatutory regulator
s.016 Operations by owners or occupiers of sites of special scientific interest (opens in a new tab) Regulated
  • Do not carry out consent-requiring operations on SSSI land without consentOccupier
s.019 Offences in relation to sites of special scientific interest (opens in a new tab) Prosecution
  • Damage or breach SSSI consent/notice requirementsAny Person

Unlimited fine

s.020 Restoration notices Prosecution
  • Fail to comply with restoration noticeAny Person

Unlimited fine

s.022 SSSI register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Keeper must maintain SSSI register and make it publicly availableCrown / Minister / Government department
s.027 Offences in relation to nature conservation orders (opens in a new tab) Prosecution
  • Carry out prohibited operation on nature conservation landAny Person

Unlimited fine

s.031 Content of land management orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NatureScot must include all required elements in land management ordersStatutory regulator
s.036 Offences in relation to land management orders (opens in a new tab) Prosecution
  • Fail to comply with land management orderAny Person

Unlimited fine

s.040 Restoration orders (opens in a new tab) Prosecution
  • Fail to comply with restoration orderAny Person

Unlimited fine

s.041 Signs etc. (opens in a new tab) Prosecution
  • Damage or destroy official nature conservation signsAny Person

Unlimited fine

s.044 Powers of entry: authorised persons (opens in a new tab) Prosecution
  • Obstruct someone exercising legal powers of entryAny Person

Unlimited fine

s.047 Offences by bodies corporate etc. (opens in a new tab) Regulated
  • Officer or partner personally liable for company's nature conservation offenceDirector or Officer
33 other sections in this Part — procedural and definitional
s.005 Enlargement of sites of special scientific interest (opens in a new tab)
s.005 Combining sites of special scientific interest
s.007 Addition or modification of operations requiring consent: urgent situations (opens in a new tab)
s.008 Variation of SSSI notifications (opens in a new tab)
s.009 Denotification of sites of special scientific interest (opens in a new tab)
s.010 Notifications relating to sites of special scientific interest: procedure (opens in a new tab)
s.011 Effect of SSSI notification (opens in a new tab)
s.012 Exercise of functions by public bodies etc. (opens in a new tab)
s.014 Operations by public bodies etc.: authorised operations (opens in a new tab)
s.017 Operations by owners or occupiers of sites of special scientific interest: authorised operations (opens in a new tab)
s.018 Appeals in connection with operations requiring consent (opens in a new tab)
s.020 Byelaws (opens in a new tab)
s.021 Representations to SNH on sites of special scientific interest (opens in a new tab)
s.023 Nature conservation orders (opens in a new tab)
s.024 Amendment or revocation of nature conservation orders (opens in a new tab)
s.025 Nature conservation orders and related orders: procedure (opens in a new tab)
s.026 Review of nature conservation orders (opens in a new tab)
s.028 Reports (opens in a new tab)
s.029 Proposals for land management orders (opens in a new tab)
s.030 Power to make land management orders (opens in a new tab)
s.032 Review of land management orders (opens in a new tab)
s.033 Land management orders and related orders: procedure (opens in a new tab)
s.034 Appeals in connection with land management orders and related orders (opens in a new tab)
s.035 Effect of land management orders (opens in a new tab)
s.037 Enforcement of land management orders (opens in a new tab)
s.038 Ramsar sites (opens in a new tab)
s.039 Acquisition of land by SNH (opens in a new tab)
s.042 Change of owner or occupier (opens in a new tab)
s.043 Powers of investigation etc.: police (opens in a new tab)
s.045 SNH: power to enforce (opens in a new tab)
s.046 Offences: penalties and time limits (opens in a new tab)
s.048 Notices, applications etc. (opens in a new tab)
s.049 Transitional arrangements (opens in a new tab)
Part 3

Protection of wildlife

1 of 2 sections shown
s.051 Scottish Marine Wildlife Watching Code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NatureScot must publish and promote the Scottish Marine Wildlife Watching CodeStatutory regulator
1 other section in this Part — procedural and definitional
s.050 Protection of wildlife (opens in a new tab)
Part 4

Scottish Fossil Code

1 of 1 section shown
s.052 Scottish Fossil Code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NatureScot must prepare and publish the Scottish Fossil CodeStatutory regulator
Part 5

General

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.053 Orders and regulations: general (opens in a new tab)
s.054 Guidance (opens in a new tab)
s.055 Crown application (opens in a new tab)
s.056 Ancillary provision (opens in a new tab)
s.057 Minor and consequential amendments and repeals (opens in a new tab)
s.058 Interpretation (opens in a new tab)
s.059 Short title and commencement (opens in a new tab)
Schedules

Schedules

14 of 102 shown
s.sch001 Where SNH extends or further extends the period mentioned in... Regulated
Other duties (1) — Crown / regulator
  • SNH must notify interested parties of period extensionsStatutory regulator
s.sch001 SNH must give notice describing the general effect of a... Regulated
Other duties (1) — Crown / regulator
  • SNH must give public notice of land notifications in a local newspaper and onlineStatutory regulator
s.sch001 Where— (a) SNH has received a representation made within the... Regulated
Other duties (1) — Crown / regulator
  • SNH must consider representations before confirming a notificationStatutory regulator
s.sch002 Where the Scottish Ministers extend or further extend the period... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify interested parties of extension periodsCrown / Minister / Government department
s.sch002 Such modifications must not extend the area of land to... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must not widen nature conservation orders when confirming modificationsCrown / Minister / Government department
s.sch003 Any person who— (a) refuses or fails, without reasonable excuse,... Regulated
  • Fail to comply with information disclosure noticeAny Person
s.sch003 Any person guilty of an offence under paragraph 8 is... Prosecution
  • Fail to comply with a land management orderAny Person

Unlimited fine

s.sch006 Non-native species Regulated
  • Release or allow escape of non-native animalAny Person
s.sch006 After section 14 insert— Prohibition on sale etc. of certain... Regulated
  • Sell or offer for sale prohibited wild animals or plantsAny Person
s.sch006 Miscellaneous Regulated
  • Possess pesticide with prohibited active ingredientAny Person
s.sch006 After section 19ZB (inserted, as respects England and Wales, by... Regulated
  • Obstruct wildlife inspector or fail to give assistanceAny Person
s.sch006 In section 21 (penalties etc.)— (a) in subsection (1), for... Prosecution
  • Obstruct a wildlife inspectorAny Person

Unlimited fine

s.sch006 Protection of birds: offences Regulated
  • Harm wild birds or interfere with their nestsAny Person
s.sch006 Protection of animals: offences Regulated
  • Offence of harming, selling, or disturbing protected wild animalsAny Person
88 other schedules
s.sch001 This schedule applies to notifications given under sections 3(1), 5(1)...
s.sch001 Notice of decision to confirm or withdraw
s.sch001 Where a notice is given under paragraph 10(a) to a...
s.sch001 Extension of period during which notification is to be confirmed or withdrawn
s.sch001 The period mentioned in paragraph 4(a) may not be extended...
s.sch001 Agreement is obtained for the purposes of paragraph 12(b) if...
s.sch001 A notification to which this schedule applies and the related...
s.sch001 Confirmation or withdrawal of notification
s.sch001 If SNH does not give notice under paragraph 10 within...
s.sch001 Modification of notification
s.sch001 Such modifications must not have the effect of—
s.sch001 Paragraph 7(a) does not prevent SNH from amending an SSSI...
s.sch002 This schedule applies to nature conservation orders, amending orders and...
s.sch002 Inquiry or other opportunity to be heard
s.sch002 Subsections (4) to (8) (which relate to the giving of...
s.sch002 Extension of period
s.sch002 Agreement is obtained for the purposes of paragraph 12 if...
s.sch002 An order to which this schedule applies and a notice...
s.sch002 Before making an order to which this schedule applies the...
s.sch002 Notification
s.sch002 The notice must— (a) set out the order or describe...
s.sch002 Confirmation of nature conservation orders and amending orders
s.sch002 The Scottish Ministers may confirm the order with or without...
s.sch002 The Scottish Ministers must, as soon as practicable after making...
s.sch002 An order which is confirmed with modifications has effect, from...
s.sch003 Notification of proposals for land management order
s.sch003 SNH may, at any time before the Scottish Ministers decide...
s.sch003 Notification of decision on orders
s.sch003 The Scottish Ministers must also give notice of their decision...
s.sch003 Such a notice must specify— (a) the Scottish Ministers' reasons...
s.sch003 A land management order, and any order under section 32(3)...
s.sch003 SNH must also arrange for notification of the proposal to...
s.sch003 A notification under paragraph 1 or 2 must—
s.sch003 Such representations may be made at any time—
s.sch003 The Scottish Ministers may, on the application of any person...
s.sch003 Power to require disclosure of information
s.sch003 Paragraph 6 does not authorise the Scottish Ministers to require...
s.sch004 (1) A person authorised under section 44 to enter any...
s.sch004 (1) If a sheriff or justice of the peace is...
s.sch004 A person authorised under section 44 or by a warrant...
s.sch004 (1) A person who enters any land in the exercise...
s.sch004 A person leaving any land which has been entered in...
s.sch004 (1) SNH or, as the case may be, the Scottish...
s.sch005 In this schedule “the relevant day” means the day on...
s.sch005 SNH may revoke a 1949 Act notification by giving notice...
s.sch005 (1) Each order made under section 29 of the 1981...
s.sch005 Registers of notifications: transitory provisions
s.sch005 Any notification, plan or notice which, immediately before the relevant...
s.sch005 Notifications under the 1981 Act
s.sch005 Where this paragraph applies in relation to an existing notification—...
s.sch005 SNH must, as soon as practicable after paragraph 3 first...
s.sch005 SNH may, despite subsection (2) of section 6, carry out...
s.sch005 A permission to carry out an operation specified in an...
s.sch005 Where paragraph 3 does not, by virtue of paragraph 2(b),...
s.sch005 Notifications under the 1949 Act
s.sch005 Land in respect of which a 1949 Act notification has...
s.sch006 The 1981 Act is amended as follows.
s.sch006 (1) Section 11 (prohibition of certain methods of killing or...
s.sch006 (1) Section 13 (protection of wild plants) is amended as...
s.sch006 In section 16 (power to grant licences)—
s.sch006 In section 19 (enforcement)— (a) in subsection (1)(b)—
s.sch006 In section 20(2) (summary prosecutions)— (a) for “two” substitute “...
s.sch006 In section 22 (power to vary Schedules)—
s.sch006 In section 26 (procedure for orders)— (a) in each of...
s.sch006 After section 26 insert— Enforcement of wildlife legislation Regulations under section 2(2) of the European Communities Act 1972...
s.sch006 (1) Section 27 (interpretation of Part I) is amended as...
s.sch006 Before Schedule 1 insert— Schedule A1 Protected nests and nest...
s.sch006 After Schedule 1 insert— Schedule 1A Birds which are protected...
s.sch006 (1) The Protection of Badgers Act 1992 is amended as...
s.sch006 In section 2 (exceptions to offences against wild birds etc.)—...
s.sch006 In section 3 (areas in which wild birds are given...
s.sch006 (1) Section 4 (exceptions to offences against wild birds etc.)...
s.sch006 In section 5 (prohibition of certain methods of killing or...
s.sch006 In section 7(3) (prohibition on possessing certain birds)—
s.sch006 In section 10 (exceptions to offences against wild animals)—
s.sch007 In Schedule 3 to the Harbours Act 1964 (procedure for...
s.sch007 (1) Section 35 (duties of SEPA in relation to Natural...
s.sch007 In schedule 3 (penalties for offences relating to deer) to...
s.sch007 (1) In section 54(1) (land which may not be included...
s.sch007 In section 54 (protection of natural heritage) of the Water...
s.sch007 (1) The Forestry Act 1967 is amended as follows.
s.sch007 In section 10 of the Conservation of Seals Act 1970...
s.sch007 Sections 28 to 34, 41, 50, 51 and 74(5A) of,...
s.sch007 In section 22(1)(b) (traffic regulation for special areas in the...
s.sch007 Section 9(7) of the Channel Tunnel Act 1987 is repealed....
s.sch007 In section 36(7) (requirement to consult SNH before issuing waste...
s.sch007 Sections 6 (Natural Heritage Areas) and 12 (Advisory Committee on...
s.sch007 In section 1(7) (determination by Court of Session of point...

Help complying

Guvnor’s practical routes through this instrument.

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Managing land within an SSSI in Scotland

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Understanding nature conservation law in Scotland

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1 more guide that reference this instrument
Heritage and nature considerations in Scottish planning

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.