Natural Environment (Scotland) Bill receives Royal Assent

The Natural Environment (Scotland) Bill has now officially become the Natural Environment (Scotland) Act 2026, after receiving Royal Assent on 12 March 2026. This marks one of the most significant steps forward in Scotland’s environmental governance in more than a decade and will have far-reaching implications for land management, infrastructure delivery and utilities.

The headline feature of the Act is its commitment to biodiversity targets – designed to halt and reverse nature decline across Scotland, and this will be implemented with a new statutory framework. For developers, utilities, and landowners, this means a clearer, more structured policy environment which will help influence land-use decisions, environmental assessments, and the design of nature-positive projects.

The Act also brings forward the following:

• A new scope for National Parks to help restore and regenerate biodiversity
• Increased powers for NatureScot to intervene in deer management for nature restoration
• Strengthening of the Marine (Scotland) Act 2010 to better manage our seas in the face of climate change
• A requirement to set Ramsar sites at the same level of legal protection as Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) in step with best practice in Habitats Regulations Assessments (HRAs) and with national planning policy 

The future of biodiversity in Scotland

NatureScot recently provided an important update on the future of biodiversity in Scotland. It is important to note that the biodiversity policy in Scotland differs from the approach taken in England. Scotland’s National Planning Framework 4 (NPF4) sets national planning policy and forms part of the statutory local development plan. In contrast, England has a mandatory minimum 10% Biodiversity Net Gain, legally requiring developers to deliver measurable improvements for nature under Section 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). Scotland requires developers to demonstrate positive effects for biodiversity, but does not set a mandatory quantitative target. As a result, Major and National Developments in Scotland are required to meet NPF4 Policy 3(b).

NatureScot has previously announced that it is currently developing a biodiversity metric tool, similar to the one used in England, but specifically designed to reflect Scotland’s unique habitats and species. The tool is expected to be released for consultation by the end of the year and should be available for use from that point to support compliance with Policy 3(b).

NatureScot has recently clarified that this new metric will not be statutory. While this may provide some initial reassurance, it raises concerns about potential inconsistencies, as Local Planning Authorities (LPAs) will not be required to use the tool. Some LPAs may continue to apply their own preferred methods. NatureScot aims to demonstrate, through practical use, that their metric offers a robust and consistent methodology; however, the final decision on its adoption will rest with individual case officers and LPAs.

How DM can help

The Natural Environment (Scotland) Act 2026 represents a major shift in how Scotland approaches biodiversity, land management, and environmental accountability. As secondary legislation and implementation plans begin to emerge, Dalcour Maclaren will continue to monitor developments closely and work with clients to navigate the changing landscape.

If you would like support understanding how the Act may affect your projects, assets, or landholdings, our teams across Scotland are here to help. DM can support with biodiversity assessments, planning strategy, engagement with Local Planning Authorities (LPAs) and development of proportionate mitigation and enhancement measures.