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Rewilding in Scotland: Legal Guidance Notes
Our rewilding legal guidance notes for Scotland cover the following broad topics:
Developing and managing rewilding projects;
Legal responsibilities and liabilities:
Animal reintroductions;
Legal mechanisms to protect land; and
Tax and subsidies.
Within these topics, there are often several notes. The content of each note is summarised below and you can either view them online or download them.
Mark Hamblin / scotlandbigpicture.com
Developing and Managing Rewilding Projects
Developing and Managing Rewilding Projects
Ian Cylkowski
Developing Land
This note covers rewilding and:
- Planning permission and when it is required
- Exceptions for rewilding projects
- Environmental Impact Assessments and when they are required
Mark Hamblin / scotlandbigpicture.com
Protected Areas
This note covers rewilding and:
- Management of and consents needed for sites of specific scientific interest
- Protection offered and liabilities under the European regime
- Other protected area regimes
Mark Hamblin / scotlandbigpicture.com
Invasive and Protected Plant Species
This note covers:
- Obligations to control the spread onto agricultural land of native plants that can be toxic to livestock or interfere with the growing of crops (including ragwort)
- Offences relating to growing certain non-native of species in the wild
- Protected species of plant and the implications for landholders
Legal Responsibilities and Liabilities
Mitchell Orr
Public Access
This note covers rewilding and:
- Public rights to access land that may affect rewilding projects
- Restricting public access to land and practical difficulties in doing so
Anna Saveleva
Liability to Visitors and Neighbours
This note covers rewilding and:
- Responsibilities owed by landholders to visitors and third parties on their land, and how to mitigate those risks
- Criminal liabilities of landholders, and how to discharge criminal liability
Dylan Leagh
Liability for Animals and Livestock
This note covers rewilding and:
- Liability for damage caused by animals under common law and statute
- Defences available to rewilders responsible for animals
Wildlife Reintroductions
Peter Cairns / scotlandbigpicture.com
Wildlife Reintroductions
This note covers rewilding and:
- Licenses and assessments required prior to the reintroduction of animals
- Obligations on landowners regarding reintroductions
Protecting Wild Land
Ian Cylkowski
Conservation Burdens and Legal Protection of Wild Land
This note covers rewilding and:
- Conservation burdens: their use for rewilding and how they work
- Private law protection of rewilding land
Tax and Subsidies
Mark Hamblin / scotlandbigpicture.com
Tax
This note covers rewilding and:
- Its impact on various tax regimes
scotlandbigpicture.com
Subsidies
This note covers rewilding and:
- Subsidies currently available in Scotland that may be available for rewilding and upcoming changes
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