The following Property guidance note Produced in partnership with Jamie Whittle of R & R Urquhart LLP provides comprehensive and up to date legal information covering:
This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and effect for developers and landowners. It explores the legal and regulatory context over protected sites including special areas of conservation (SACs) and special protection areas (SPAs), sites of special scientific interest (SSSIs), Ramsar sites, marine protected areas (MPAs), national scenic areas (NSAs) and wild land areas (WLAs). Protected species and plants, hedges and trees, invasive non-native species (INNS) as well as engineering works in the water environment and the various responsible agencies responsible for regulating controlled activities and permits are also considered.
Scotland is known throughout the world for its high quality landscapes and range of wildlife. Large areas of Scotland and its surrounding seas are subject to designations put in place to help protect the integrity of natural interests.
Responsibility for nature conservation is a devolved matter for the Scottish Government. The Nature Conservation (Scotland) Act 2004 (NC(S)A 2004) builds on the pre-existing legal framework (eg the Wildlife and Countryside Act 1981 (WCA 1981) and the Criminal Justice (Scotland) Act 2003, Pt 12 s 7) in setting out measures to conserve and enhance Scotland’s natural features within a wider British, European and global context (see further: Issues affecting natural heritage: Stair Memorial Encyclopaedia ).
The primary non-statutory guidance from central
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