Written Question · S1W-04478 · Session 1
What role Scottish Natural Heritage (SNH) plays in relation to the designation of land as a Special Protection Area and whether, in carryin…
The question
To ask the Scottish Executive what role Scottish Natural Heritage (SNH) plays in relation to the designation of land as a Special Protection Area and whether, in carrying out that role, SNH must observe and fulfil the duties imposed upon it by section 3 of the Natural Heritage (Scotland) Act 1991, in particular the duty to have regard to the needs of agriculture, fisheries and forestry and social and economic development in Scotland or any part thereof.
The answer
In its role as adviser to Scottish Ministers on natural heritage matters, Scottish Natural Heritage (SNH) advises on the scientific case for classifying Special Protection Areas (SPA). SNH staff carry out consultations on behalf of the Scottish Executive with relevant stakeholders in proposed SPAs, and report on the outcome.Case law in the European Court of Justice has established that member states cannot take account of socio-economic considerations in identifying SPAs and in defining their boundaries.
In the Official Report
No contribution in the Official Report cites S1W-04478 by reference.