254.This section amends the 2004 Act to insert a provision which requires the Scottish Ministers to make regulations about the preservation and protection of designated wetlands. The regulations are to be made within 5 years of the Bill for the Natural Environment (Scotland) Act 2026 receiving Royal Assent (i.e. 12 March 2026).
255.For the purposes of this section, designated wetlands (often referred to as Ramsar sites) are wetlands situated in Scotland which have been designated under paragraph 1 of article 2 of the Ramsar Convention(30) for inclusion in the list of wetlands of international importance.
256.The power conferred on the Scottish Ministers allows them to make provision about the identification and listing of wetlands (not just designated wetlands), how designated wetlands are to be conserved, which may include by setting objectives for conservation, and monitoring designated wetlands.
257.The Scottish Ministers can make provision by amending or applying the Habitats Regulations(31) (which are used to protect other important habitats) or modifying or applying other enactments (such as the 2004 Act itself). The Scottish Ministers may also create or apply offences in connection with the provision and confer powers of entry to anywhere other than a dwelling-house. This might be relevant to ensure compliance with any new rules created to preserve or protect designated wetlands.
258.Before making regulations, the Scottish Ministers must consult SNH (who have statutory responsibility for designated wetlands and in respect of the Habitats Regulations), Environmental Standards Scotland and any other persons that the Scottish Ministers consider likely to be affected by or interested in the regulations being made. The Scottish Ministers must also be satisfied that making the regulations will maintain or improve the level of environmental protection existing in law at the time the statement is made.
259.When laying the regulations before the Scottish Parliament, the Scottish Ministers must also make a statement explaining why they are satisfied that the regulations will maintain or improve the level of environmental protection existing in law at the time the statement is made.
260.Regulations under this section are subject to the affirmative procedure.
The Act Ramsar sites Section 51 – Further provision about Ramsar sites