11.Section 1 of the Act amends the Nature Conservation (Scotland) Act 2004 (“the 2004 Act”) to place a series of duties on the Scottish Ministers. The primary duty is to set targets in connection with nature restoration for the purpose of supporting and measuring implementation of (i) the biodiversity strategy designated under section 2 of the 2004 Act, (ii) the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 (“the UN Convention on Biological Diversity”) and, (ii) more generally, in connection with the duty on every public body and office-holder under section 1 of that Act to further the conservation of biodiversity so far as is consistent with the proper exercise of its functions. Thereafter further duties provide mechanisms for seeking independent advice, monitoring and reviewing progress, accounting to the Scottish Parliament and, if appropriate, amending or refining the targets. There is also provision for Environmental Standards Scotland (“ESS”) to undertake a quality assurance role. Taken together, this creates a system of ministerial accountability to support the duty to meet the targets contained in section 2D(1) of the 2004 Act.
12.Using secondary legislation recognises that nature restoration is a complex activity, which may require adjustment and refinement in light of experience, and has the potential for complex natural interactions sometimes producing unexpected results. This may be contrasted with some other forms of statutory target – such as the net zero emissions target(3) – where there is a clear target or standard to achieve.
13.Furthering the connection between section 1 duties in the 2004 Act and targets set under these provisions, subsection (3) amends the 2004 Act to require public bodies, when complying with their biodiversity duty under section 1 to have regard to the need to act in a way best calculated to contribute to the meeting of the targets. This is in addition to the need to have regard to the biodiversity strategy and the UN Convention on Biological Diversity, which the duty in section 1 of the 2004 Act also requires.
The Act Part 1 – Targets for Improving Biodiversity Section 1 - Targets for improving biodiversity