Resource information
The Act sets out a series of measures which are designed to conserve biodiversity and to protect and enhance the biological and geological natural heritage of Scotland. In doing so, the Act provides the principal legislative components of a new, integrated, system for nature conservation within Scotland. The Act also locates the conservation of biodiversity and of Scotland's natural environment within a wider British, European and global context. In relation to biodiversity in particular, it requires public bodies and office-holders to consider the effect of their actions at a local, regional, national and international level.The Act is divided in 5 parts and contributes to the new system for nature conservation by means of a combination of both new measures and amendments to existing legislation. In Part 1 it introduces a new general duty on all public bodies and office holders to further the conservation of biodiversity. In the exercise of their functions, they must have regard, among other things, to the Convention on Biological Diversity of 1992. Part 2 makes changes to the existing arrangements for the establishment and protection of sites of special scientific interest. In doing so, it replaces most of Part II of the existing Wildlife and Countryside Act 1981 (c.69). The Act extends in Part 3 the law in relation to the protection of birds, animals and plants by making significant amendments to the current provisions of Part I of the 1981 Act and by requiring production of a new code of guidance covering whale and dolphin watching and similar activities. Part 4 requires the creation by Scottish Natural Heritage of a code of guidance setting out recommendations, advice and information relating to fossils. Part 5 provides for various supplemental matters including the publication of statutory guidance about the duty to further the conservation of biodiversity and Scottish Natural Heritage's functions under Part 2 and for minor and consequential amendments and repeals to a variety of other Statutes.
Implemented by: Nature Conservation (Scotland) Act 2004 (Authorised Operations) Order 2011 (S.S.I. No. 419 of 2011). (2011-11-23)
Implemented by: Nature Conservation (Scotland) Act 2004 (Authorised Operations) Order 2016 (S.S.I. No. 38 of 2016). (2016-01-21)
Amended by: Wildlife and Natural Environment (Scotland) Act 2011 (2011 Chapter 6). (2011-04-07)
Amends: Forestry Act 1967 (Chapter 10). (1991-07-25)
Amends: Conservation of Seals Act, 1970 (Chapter 30). (1970-05-29)
Amends: Wildlife and Countryside Act 1981 (Chapter 69). (1981-10-30)
Amends: Environmental Protection Act 1990 (Chapter 43). (1990-11-01)
Amends: Environment Act 1995 (Chapter 25). (1995-07-19)
Amends: Town and Country Planning (Scotland) Act 1997 (1997 Chapter 8). (1997-02-27)
Amends: Water Industry (Scotland) Act 2002. (2002-03-01)
