Chamber and committees

Bill Name

Topics

Impact of Change

LR Bill

Indirect damage added to scope

The addition of indirect damage in Section 20 entitles tenants to compensation for significant agricultural damage caused indirectly by game or game management. Eg the introduction of high tick numbers caused by an uncontrolled deer population. This damage must be evidenced.

LR Bill

Deer control

Maintains that tenants are not entitled to control deer over all of the land on the holding, eg not in woodland or cliffs. They are also not entitled to control deer on hill ground.

LR Bill

Game management

The Bill changes current legislation to enable tenant farmers to receive fairer compensation for direct and indirect agricultural damage caused by game birds or deer to crops, fodder, grass for livestock, grazing land or damage to trees or fixed equipment. This will leave tenant farmers no better or worse off then had the damage not occurred.

NE Bill

Aims and purposes of NatureScot in relation to Deer Management

The Bill updates section 1 of the 1996 Act to make explicit that the general aims and purposes of NatureScot include safeguarding the public interest as it relates to the management and control of deer, which could include factors such as improvements to the natural environment.

NE Bill

Deer Advisory Panels

Section 11 of the Bill amends section 4 of the 1996 Act to allow NatureScot to sit on Deer Panels as members. Currently, NatureScot are able to observe deer panels but do not attend as members. This change allows NatureScot staff to actively contribute to the reports produced by any panel, which could include staff who hold specialist interests or skills.

NE Bill

NatureScot Reviews of compliance with Deer Management code of Practice

Section 5B of the 1996 Act currently requires NatureScot to review compliance with the code of practice on deer management on a three-year cycle. Section 12 of the Bill changes the approach to such timescale for these reviews. The Bill requires that NatureScot must carry out a review if requested to do so by the Scottish Ministers, at an appropriate time after a change to the code of practice and at least once every 10 years.

NE Bill

New grounds for NatureScot intervention for nature restoration

Section 13 of the NE Bill inserts new sections under 6ZA and 6ZB to the 1996 Act. 6ZA (grounds for intervention: damage by deer) largely replicates the existing grounds for intervention found in the 1996 Act (section 6A(1) to (3) for deer management plans and section 7(1) and (2) for control agreements)

6ZB is a new ground entirely, intended to provide for circumstances where deer management is necessary to enable the enhancement of the environment. This is different from preventing damage.

NE Bill

Deer Management Plans

Section 6A of the 1996 Act allows NatureScot to give notice to a landowner or occupier to require them to prepare and submit a DMP. The changes made by the Bill will give NatureScot greater flexibility, including the ability to require DMPs on a shorter timeframe than is currently possible, and for a wider range of circumstances, which could allow for preventative measures to be taken sooner.

NE Bill

Control Agreements

Section 7 of the 1996 Act allows NatureScot to enter into control agreements with land owners and occupiers. The Bill amends this to allow control agreements to be made in relation to the new nature restoration ground for intervention, in addition to the existing purpose of damage prevention, and streamlines the process of developing control agreements. Where non-compliance is found, the Bill requires that NatureScot must either proceed with making a control scheme or advise the Scottish Ministers why it is not appropriate to do so.

NE Bill

Control Schemes

Section 8 of the 1996 Act allows NatureScot to make a control scheme, which sets out the compulsory deer management actions a land owner or occupier must take. the Bill amends section 8 to allow control schemes in relation to the new grounds for intervention for nature restoration, in addition to the existing purpose of damage prevention, clarifies some of the existing language and makes some procedural changes. NatureScot must also register the control scheme in the Land Register of Scotland or record it in the General Register of Sasines.

NE Bill

NatureScot Investigatory Powers

Section 15(1) of the 1996 Act allows NatureScot to enter land at all reasonable times for the purpose of exercising their functions, the Bill shortens the minimum period of notice that NatureScot is required to give before entering land from 14 days to no less than 5 working days

NE Bill

Cost recovery

Section 9 of the 1996 Act currently allows NatureScot to recover expenses incurred for carrying out functions under section 8 where those expenses exceed the proceeds of the sale of any of the venison. The Bill extends this principle to costs incurred to NatureScot for carrying out emergency actions under section 10, and to costs associated with the registration of a control scheme.

NE Bill

Authorisations, Competency and Training requirements

The Bill will amend the existing delegated power in section 17A of the 1996 Act which currently allows the creation of a register of persons fit and competent to shoot deer in Scotland.

Through this register, baseline competence for everyone shooting deer in Scotland will be required. Details of the register will be set out via secondary legislation following the Bill’s passage.

The Bill will also enable individuals to apply to be registered as authorised to undertake specified activities for which they would currently need a general or specific authorisation. These activities include night shooting, where individuals will be required to display a higher level of competence than the baseline, evidenced via a certificate or qualification relevant to shooting deer at night, in order to be considered fit and competent.

Anyone wishing to undertake another specified activity (shooting female deer during the close season, using a vehicle to drive deer or use of a shotgun to shoot deer) will also need to apply to NatureScot to be registered as authorised to do so, however, these activities will require NatureScot to consider if the activity should be authorised

NE Bill

Preventing or stopping damage by Deer

The Bill amends NatureScot’s emergency powers to enable them to take action to prevent damage by deer to the natural heritage or environment on the same basis and following the same process as is set out in section 10 (damage, injury or are a danger to public safety).

NE Bill

Stray farmed deer

The Bill makes it an offence for a person to fail to report the taking or killing of a stray farmed deer to Police Scotland where the person has taken or wilfully killed a deer, the deer is a stray farmed deer and section 25A of the 1996 Act does not apply.

The report must be made to Police ”cotl’nd within five working days beginning with the day on which the deer was taken or killed. The purpose of this offence, is to provide a defence where someone kills a stray farmed deer.

NE Bill

Venison Dealers Licences

Currently, a licence is required to deal in venison. Licence holders have to retain records including purchases and receipts of venison. Records must be kept for a period of three years. The Bill removes the requirement related to licensing to deal in venison. Venison placed on the market for human consumption will no longer be subject to this additional regulation, and will be regulated in the same way as other wild game