What work it has undertaken to assess the interaction of section 20 of the Land Reform (Scotland) Bill with deer management powers in the N…

The two Bills have different provisions for deer management. Part 2 of the Land Reform Bill contains provisions for compensation for agricultural damage caused by game, including deer. The Natural Environment Bill has a different purpose, it aims to improve the management of deer.Table of provisions in the Land reform Bill and the Natural Environment BillBill NameTopicsImpact of ChangeLR BillIndirect damage added to scopeThe addition of indirect damage in Section 20 entitles tenants to compensation for significant agricultural damage caused indirectly by game or game management. Eg the introduction of high tick numbers caused by an uncontrolled deer population. This damage must be evidenced.LR BillDeer controlMaintains that tenants are not entitled to control deer over all of the land on the holding, eg not in woodland or cliffs. They are also not entitled to control deer on hill ground.LR BillGame managementThe Bill changes current legislation to enable tenant farmers to receive fairer compensation for direct and indirect agricultural damage caused by game birds or deer to crops, fodder, grass for livestock, grazing land or damage to trees or fixed equipment. This will leave tenant farmers no better or worse off then had the damage not occurred.NE BillAims and purposes of NatureScot in relation to Deer ManagementThe Bill updates section 1 of the 1996 Act to make explicit that the general aims and purposes of NatureScot include safeguarding the public interest as it relates to the management and control of deer, which could include factors such as improvements to the natural environment.NE BillDeer Advisory PanelsSection 11 of the Bill amends section 4 of the 1996 Act to allow NatureScot to sit on Deer Panels as members. Currently, NatureScot are able to observe deer panels but do not attend as members. This change allows NatureScot staff to actively contribute to the reports produced by any panel, which could include staff who hold specialist interests or skills.NE BillNatureScot Reviews of compliance with Deer Management code of PracticeSection 5B of the 1996 Act currently requires NatureScot to review compliance with the code of practice on deer management on a three-year cycle. Section 12 of the Bill changes the approach to such timescale for these reviews. The Bill requires that NatureScot must carry out a review if requested to do so by the Scottish Ministers, at an appropriate time after a change to the code of practice and at least once every 10 years.NE BillNew grounds for NatureScot intervention for nature restorationSection 13 of the NE Bill inserts new sections under 6ZA and 6ZB to the 1996 Act. 6ZA (grounds for intervention: damage by deer) largely replicates the existing grounds for intervention found in the 1996 Act (section 6A(1) to (3) for deer management plans and section 7(1) and (2) for control agreements)6ZB is a new ground entirely, intended to provide for circumstances where deer management is necessary to enable the enhancement of the environment. This is different from preventing damage.NE BillDeer Management PlansSection 6A of the 1996 Act allows NatureScot to give notice to a landowner or occupier to require them to prepare and submit a DMP. The changes made by the Bill will give NatureScot greater flexibility, including the ability to require DMPs on a shorter timeframe than is currently possible, and for a wider range of circumstances, which could allow for preventative measures to be taken sooner.NE BillControl AgreementsSection 7 of the 1996 Act allows NatureScot to enter into control agreements with land owners and occupiers. The Bill amends this to allow control agreements to be made in relation to the new nature restoration ground for intervention, in addition to the existing purpose of damage prevention, and streamlines the process of developing control agreements. Where non-compliance is found, the Bill requires that NatureScot must either proceed with making a control scheme or advise the S