44.Section 3 of the Act concerns the four National Park aims, which are contained in section 1 of the National Parks (Scotland) Act 2000 (“the 2000 Act”). It makes some changes to the language of the aims themselves, elaborates on what is to be considered part of the aims, and introduces a duty to have regard to these aims.
45.Section 3(2) introduces a new section 1 of the 2000 Act, altering the structure of the section and adding more detail. The new section 1(1) contains the four modified National Park aims:
	The first aim is to conserve and enhance the natural and cultural heritage of the National Park area. While the language has been adjusted for consistency with the other aims, the effect remains the same.
	The second aim is to promote sustainable management and use of the area’s natural resources, adding “management” to the original aim.
	The third aim is to promote public understanding and enjoyment of the area’s natural and cultural heritage, simplifying the language of the aim and moving the reference to recreation to section 1(2) (see below).
	The fourth aim is to promote sustainable economic, social and cultural development of the area’s communities, adding “cultural” to the list of areas for development. Cultural development goes beyond the focus on cultural heritage captured by the first aim by encouraging arts, literature and culture within their areas. This could include supporting community projects and creative sector networks.
46.New section 1(2) sets out in more detail what the National Park aims include, without precluding other measures which may be included in the aims or assist in the collective achievement of the aims. However, the listed inclusions specifically are to be considered part of the aims when applying section 9 of the 2000 Act. Section 9(1) provides that the general purpose of a National Park is to ensure that the aims are collectively achieved in a coordinated way, and is supported by section 9(6) which provides that when a National Park authority is exercising its functions it must act with a view to accomplishing the general purpose.
47.The inclusions listed in section 1(2) cover a wide range and some may be relevant to multiple aims. For example, mitigating and adapting to climate change and restoring and regenerating biodiversity may be relevant to the first and second aims. Encouraging recreation in the area may be relevant to the third and fourth aims.
	Subsection (2)(a) relates to restoring and regenerating biodiversity in the area of a National Park. The inclusion supports the existing duty on National Park authorities set out in section 1 of the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity when exercising their functions, as far as consistent with the exercise of the functions. The inclusion also complements the Scottish Biodiversity Strategy, which focuses on addressing biodiversity loss through nature restoration (defined in the Biodiversity Strategy as assisting the recovery of an ecosystem towards or to good condition as a means of conserving and/or enhancing biodiversity and ecosystem resilience) and regeneration (defined in the Biodiversity Strategy as assisting the recovery of ecosystem processes serving and/or enhancing biodiversity and ecosystem resilience, which may not necessarily be the original habitat type or include the original species communities).
	Another inclusion is mitigating and adapting to climate change. The role of National Park authorities in mitigating and adapting to climate change is also acknowledged by the application of the duties imposed by section 44 of the Climate Change (Scotland) Act 2009 on National Park authorities. Mitigating and adapting to climate change may involve various forms of nature restoration, for example peatland restoration, woodland restoration and other nature-based initiatives that help the area to minimise climate change and respond to its effects. Measures such as implementing low carbon transport initiatives and improving access routes for walking and cycling may also be relevant.
	Supporting access to and within the area is included in the aims but the necessary steps to support access to the National Park and within the National Park will depend on the needs and features of each individual National Park. However, measures to support access may include signage in different languages or mobility infrastructure where appropriate and possible.
	Encouraging recreation is also included in the aims by virtue of subsection (2). A National Park authority will have to consider what opportunities for recreation are currently available or appropriate within its area and consider how best to support or facilitate such activities.
	Another inclusion is to encourage sustainable and regenerative agriculture. While what constitutes sustainable agriculture is reasonably self-explanatory, regenerative farming is broadly any form of farming activity which both generates production and improves the environment. However, the terms are not defined to enable the definitions to adapt over time in light of changing practices and what is considered sustainable and regenerative in this context.
	The inclusions of promoting sustainable tourism and visitor management are related but distinct concepts. Sustainable tourism is not defined in the Act but it is intended to take its ordinary meaning as a form of tourism which actively considers and seeks to balance the environmental, social and economic impacts of tourism. Visitor management is also not defined and takes its ordinary meaning, so will require the National Park authority to consider how these other activities and the impact of visitors to the National Parks can be managed.
	The final inclusion is promoting sustainable economic growth and development activity which improves the health and wellbeing of individuals who visit, live and work in the area and supports the prosperity of communities within the area (including in relation to providing housing for people to live and work in the area). This inclusion captures the support that National Parks can provide to local communities to develop an economy which is beneficial for wellbeing beyond traditional economic measures.
48.New section 1(3) introduces a new duty requiring the Scottish Ministers, a National Park authority, a local authority and any other public body or office-holder to have regard to the National Park aims when exercising their functions in a way which affects a National Park. National Park authorities work in partnership with a wide range of public bodies and other organisations operating within the National Park area to achieve National Park aims. While the bodies listed in subsection (3) also have a duty to facilitate the implementation of National Park Plans (see section 14 of the 2000 Act, as amended by section 8), the section 14 duty is in relation to a particular plan and measures while this duty in subsection (3) is broader and requires consideration of the aims more generally. The new duty requires all bodies to consider the aims of the National Park before carrying out any work within the National Park, not just in relation to matters included in a National Park Plan. However, this duty does not displace responsibilities that are the primary remit of a body. Rather, the aims must form part of the consideration but not necessarily be given priority. For example, local road authorities and Transport Scotland as the trunk road authority operating in an area of a National Park will need to balance other considerations (such as road safety, traffic flow, congestion and accessibility) against the National Park aims. In addition, subsection (4) makes it clear that the duty only applies to Scottish public authorities and cross-border public authorities so far as their functions exercisable in or as regards Scotland do not relate to reserved matters.
49.Sections 3(3) and (4) amend sections of the 2000 Act which refer to the National Park aims with the new section 1 numbering so that the references are accurate, and section 3(5) amends schedule 3 of the 2000 Act to use wording consistent with the new aims.
The Act Modification of aims and purposes of National Parks Section 3 – Aims of National Parks