76.Section 11 modifies section 1 of the 1996 Act, which concerns the aims, purposes and other functions of SNH(9) in relation to the management and control of deer. It replaces the existing subsection (1)(a) of the 1996 Act to make a number of changes (and modernise the language in the process), adds a new consideration into subsection (2), and makes some other minor adjustments.
77.The main change in subsection (1)(a) of the 1996 Act is the introduction of new aims of safeguarding the public interest in so far as it relates to the management and control of deer and ensuring the effective and humane control of deer. Subsection (2) of the 1996 Act likewise introduces the requirement for SNH to take account of the public interest in the appropriate and sustainable management and effective control of deer.
78.The Act does not include a definition of the “public interest” for these purposes. Broadly speaking, it encompasses the collective needs, values and interests of society as a whole rather than those of individuals or specific groups. The expression is to be understood and applied contextually; what constitutes the public interest in different situations may be different. It may also evolve and change over time. For example, at the moment a significant interest for the public at large is the concern in relation to biodiversity loss and climate change. However, other public policy considerations may be relevant to any given decision, and this requires SNH to take a holistic approach to its decision making in relation to deer.
79.The inclusion of the public interest element in subsection (2), in particular, requires SNH to strike a balance between the specific individual interests and the public interest. The wording of the new addition does, however, recognise that the other, more specific, interests listed in subsection (2)(a) to (d) can also form a part of the public interest.
80.The other change to subsection (2) is the inclusion of a reference to the “environment” in paragraph (a). While natural heritage is defined in section 45 of the 1996 Act in an inclusive and broad manner, the definition’s focus on plants, animals and features may be construed as being concerned with just those things on the land on which deer is managed. For example, section 1(2)(a) of the 1996 Act already allows action to be taken in connection with the impact of deer on biodiversity, but the context will tend to make that appropriate in a particular place. For the purposes of the new element being added by the Act, the wider natural environment (and within that, the concept of overall biodiversity) are also to be of relevance to the exercise of functions. For example, SNH will need to consider and formulate deer management policy taking account of the cumulative impact of deer across Scotland and the impact that the populations may have on, for example, biodiversity and carbon emissions (both regionally and nationally).
81.Subsection (3) of the Act confirms that the aims and purposes listed in subsection (1)(a) are functions of SNH for the purposes of the 1996 Act. Subsection (4) of the Act updates the section title to better reflect the content of the section as amended.
The Act Aims and purposes of deer management Section 11 – Aims and purposes of deer management