Chamber and committees

Thisinitiative follows the Executive’s announcement last October of an extra £10 millionover the next two years to increase further the housing investment in ruralareas through Communities Scotland, which this year (2003-04) stands at £59 million.

It is an offence tointentionally kill, injure or take such birds; or to disturb them, or theirdependent young, whilst on or near the nest. It is also an offence to take ordestroy the eggs of any wild bird. The Nature Conservation (Scotland)Bill further enhances the protection of birds, including by introducing theoffence of recklessly committing such acts.

Extending protection to thecommunal roost sites of certain species was suggested by the Royal Society forthe Protection of Birds in the course of consultation on the draft bill. But Iam not aware of any detailed evidence or data to suggest that communal roostsites are under particular threat from human disturbance, or that the level ofprotection afforded by the new bill is inadequate.

All SPAs for seabirds are “Europeansites” and are protected by the duties placed on competent authorities (throughthe 1994 habitats regulations) not to consent to plans or projects that woulddamage the conservation interest of the site. They may be protected bycontractual measures (including management agreements with the proprietors ortenants). Where necessary ministers may introduce a special nature conservationorder for a European site, prohibiting any operation which would be likely todamage the conservation interest of the site. Scottish Natural Heritage (SNH)may make byelaws to protect European sites from damage by parties other thanthe owner/occupier. In European sites underpinned by Special Sites of ScientificInterest (SSSI) notifications, SNH is given the power to amend the lists of potentialdamaging operations (PDOs) which form part of an SSSI notification when this isnecessary to bring them into line with the ecological objectives of a Europeansite. It is Government policy that SPA and Ramsar sites be afforded similarprotection.

In the marine environment,all relevant authorities (such as harbour authorities, local authorities, and the Scottish Environment Protection Agency) having functions relevant to marineconservation, are obliged to exercise those functions to protect the integrityof European marine sites.

National Planning PolicyGuideline 14 sets out for planning authorities the overall national planningpolicy for the protection of the natural heritage in designated areas and thewider countryside including coastal areas. In terms of development planning, structureplans include policies for the protection and, where appropriate, enhancementof European sites and indicate their broad locations while local plans providemore detailed provision and identify the sites. The accompanying texts shouldemphasise the very strict protection that must be afforded to the interests forwhich European sites are designated and the implications this has fordevelopment proposals which would adversely affect those interests.

SPA Sites in Scotlandwith One or More Species of Seabird as a Qualifying Interest

The Nature Conservation (Scotland)Bill, currently being considered by Parliament contains further significant measuresto improve protection for Scotland’s wildlife.