15.This section provides the basis for the setting of targets. Subsection (1) sets out the power and, in paragraph (a)(i) to (iii), lists three particular topics in respect of which targets (and accompanying indicators) are to be set, namely (i) the condition or extent of any habitat; (ii) the status of any species (including in particular those which are or may become threatened), and (iii) the environmental conditions for nature regeneration. Paragraph (b) allows the setting of other targets that the Scottish Ministers consider are relevant to the restoration or regeneration of biodiversity.
16.While the power to set the targets in subsection (1) is permissive (in order to ensure that it can be used flexibly and on multiple occasions) subsections (2) and (3) mean that the Scottish Ministers must lay draft regulations for at least one target for each topic described in subsection (1)(a)(i) to (iii) before the Scottish Parliament within 12 months of the provisions coming into force. Otherwise, the regulations are subject to the affirmative procedure and the additional requirements specified in section 2G.
17.The targets to be set may take a variety of forms. In some cases, it may be by reference to achieving a particular environmental standard within a particular timeframe. In those cases, there may be an element of overlap with the means specified to measure progress and achievement of the target. In other cases, it may be by reference to achieving a particular outcome or set of circumstances.
18.For example, if a target for an endangered species is simply to increase the number of breeding pairs in an area, the measure and the target may align. But if the target is to reduce the risk status of an endangered species, a more holistic set of measures may be relevant: the number of breeding pairs may only be part of the equation, there will also be a need for sufficient food to sustain those pairs and their young and that may also need to be measured. Conditions relating to habitat restoration or improvement may be expressed in terms of a high-level outcome or return to a particular baseline and then be supported by a different set of metrics or indicators (say trends in the number of pollinators, diversity of plant species etc.).
The Act Part 1 – Targets for Improving Biodiversity Inserted section 2C – Duty to set targets