Protecting Scotland’s Environment: What you should know about Part 2 of the Natural Environment (Scotland) Bill

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What’s happening?

The Scottish Parliament is considering a new bill that will affect the laws protecting Scotland’s most important habitats and species. Part 2 of the draft Natural Environment (Scotland) Bill would give Scottish Ministers the power to change – including to revoke or repeal – Environmental Impact Assessment (EIA) legislation and the Habitats Regulations for poorly defined reasons, and with very little scrutiny from the Scottish Parliament[1].

Why should members care?

These laws are the backbone of CIEEM members’ work. The EIA and Habitats Regulations ensure that our natural habitats, species, and sites are properly assessed and safeguarded in planning and development. Together, they set the standards that underpin your professional responsibilities and good ecological practice.

We are concerned that giving ministers broad powers to change these protections could make them easier to weaken in the future, even if that is not the intention right now. There are few safeguards in place to prevent a future government from making sweeping changes without strong justification.

The good news

Other parts of the bill are positive. They would set legally binding biodiversity targets, update the aims and duties of public bodies in relation to National Parks, and strengthen deer management regulations. But Part 2, as written, risks undermining the system that keeps Scotland a leader in environmental protection.

What’s CIEEM doing?

CIEEM is working with partners in Scottish Environment Link (ScotLINK) to challenge these proposals. We have argued in evidence that the law already gives ministers the flexibility to make necessary changes, and that current problems are mostly down to under-resourcing, not bad legislation[i] [ii]. The parliamentary committee reviewing the bill has echoed many of our concerns and suggested the government look at other solutions first[iii].

What happens next?

  • The Scottish Parliament will debate the bill’s overall principles on Thursday the 30th of October (watch live or catch-up here)—this is where the big direction is set.
  • Next, at Stage 2, MSPs can suggest changes (“amendments”) to the bill which members of the reviewing committee then vote on. This is a key time for influence and CIEEM will work closely with ScotLINK to advocate for stopping or changing Part 2.
  • Later, all MSPs can vote on further proposed changes at Stage 3.

How you can help

  • Watch for our upcoming briefings about which amendments we are supporting.
  • At stage 3, you can write to your MSP to explain why strong environmental protection matters and urge them to back the right changes.

Your expertise and voice are crucial. Together, we can help ensure Scotland’s environment is protected for the future.

[1] As currently written, proposals would require that any draft changes be subject to the negative procedure which means that they be approved by the responsible Minister and then put before Parliament; whereas the affirmative procedure requires that draft changes be placed before and approved by Parliament before it becomes law.

[i] https://cieem.net/cieem-gives-evidence-on-the-draft-natural-environment-scotland-bill/

[ii] https://cieem.net/resource/cieem-response-to-call-for-evidence-on-the-draft-natural-environment-scotland-bill/

[iii] https://bprcdn.parliament.scot/published/DPLR/2025/3/24/57919905-5cf0-46b8-86ef-3e457b3ba74d/DPLRS062025R21.pdf