89.Section 14 adds two new sections into the 1996 Act; sections 6ZA and 6ZB. These sections replace sections 6A(1) to (3) and 7(1) and (2)(11), which both concern the situations where SNH may seek to intervene in deer management or control activities on an area of land by way of a deer management plan, control agreement or control scheme. Where the grounds set out in the new sections are met, the sections apply and this provides the basis for SNH to take action under section 6A, 7 or, in certain circumstances, section 8. It also provides the basis for a person to request action where deer are not being managed under section 7A.
90.Prior to the changes made by the Act, the circumstances in which SNH could seek to enter into a deer management plan or control agreement under section 6A or 7 of the 1996 Act related to where ‘deer or steps being taken or not being taken for the management of deer are causing, or are likely to cause, damage or injury in some way or have become a danger (or potential danger to public safety) and the management of those deer is necessary for preventing such damage or injury, remedying it or preventing the danger’. The references to steps being taken (or not being taken) captured circumstances where deer management (or the failure to undertake certain management activities) are, of themselves causing problems. For example, erecting deer fencing may detrimentally affect the movement of other animals or a failure to erect it may mean that deer have access to sensitive areas of woodland etc.
91.Section 6ZA restates these circumstances (describing them as grounds for intervention) relating to damage or injury by deer and section 6ZB sets out a new ground which relates to nature restoration activities (described further below). The two sections are intended to ensure consistency, when applicable, for SNH intervention for the purposes of sections 6A, 7 or 8 of the 1996 Act and act as a trigger for requests for action under section 7A. It is also referred to for certain SNH authorisations.
92.Section 6ZB builds on the existing grounds relating to acting to prevent damage to the public interests of an environmental nature(12) to enable SNH to act where deer (or steps taken or not taken for the purposes of deer management) are likely to prevent or reduce the effectiveness of a project, work or natural process that—
	preserves, protects, restores enhances or otherwise improves the natural heritage or environment, and
	is for, or contributes to, a relevant target, strategy or plan relating to the environment, climate change or biodiversity that applies in Scotland(13).
93.Subsection (3) sets out when a target, strategy or plan is relevant. In the case of a target, it is where it is set in, under or in pursuance of an enactment. That means that target has to be set in, or as a result of a duty contained in an enactment (that is, an Act of Parliament (UK), an Act of the Scottish Parliament or a statutory instrument (usually in the form of regulations or an order)). In the case of strategies and plans, to be relevant it must be required by an enactment or be published by the Scottish Ministers or a body like SNH (NatureScot), the Scottish Environment Protection Agency or similar.
94.Accordingly, there may be a broad range of situations where this section will apply. For example, it may relate to the establishment of woodland or other vegetation through non-natural means to assist with woodland expansion, biodiversity enhancement, flooding and drought management, improving forest resilience through diversification of species, or peatland management and restoration, including actions to support restoration such as ditch blocking. However, it will be necessary to show a connection to a statutory duty or a public plan or strategy.
95.To help owners and occupiers of land to understand and anticipate when SNH may decide to intervene, section 13(2) requires SNH to include the circumstances in which it may intervene in the Code of Practice on Deer Management.
The Act Deer management plans, control agreements and control schemes Section 14 – Grounds for intervention