Global, National and Local Legislation Compliance

The Biodiversity Duty:

The Nature Conservation (Scotland) Act 2004 and the Wildlife and Natural Environment (Scotland) Act 2011 established a statutory duty for public bodies to further the conservation of biodiversity. This duty requires public bodies to consider the impact of their activities on biodiversity and to take appropriate measures to protect and enhance it. Although Universities are not considered public bodies and it is not a legal requirement, the University of St Andrews must broadly follow the Biodiversity Duty.

The University of St Andrews must consider:

Planning Regulations – Planning applications, including those from non-public bodies, may be subject to specific requirements related to biodiversity, such as incorporating measures to mitigate impacts on natural habitats.

Environmental Impact Assessments (EIAs) – For certain types of development or activities, EIAs may be required, and these assessments must consider potential impacts on biodiversity.

Protected Species and Habitats – Non-public bodies are legally bound to protect species and habitats listed under the relevant legislation, such as the Wildlife and Countryside Act 1981.

Non-Native Species – The release of non-native animals or planting of non-native plants in the wild is an offence, unless permitted by the relevant legislation.

Biodiversity Net Gain – While not yet mandatory in Scotland, the concept of Biodiversity Net Gain, which aims to ensure developments leave habitats in a measurably better state than before, has been voluntarily adopted by the University, as a minimum level, and in most cases, we would aim to increase biodiversity by much more than 10% in any new development.

Table 1: Global legislation that the University must comply with.

Legislation	Description
Convention on Biological Diversity (CBD)	Provides protection to native species, especially those at threat, controls the release of non-native species and enhances the protection of Sites of Special Scientific Interest (SSSI). The Strategic Plan for Biodiversity 2011-2020 provides a framework for the entire United Nations system and other partners engaged in biodiversity management and policy development.
Ramsar Convention on Wetlands	Designates wetlands of international importance. There are 51 Ramsar sites across Scotland, covering 4% of Scotland’s land area.
Convention on the Conservation of Migratory Species of Wild Animals (CMS) (also known as the Bonn Convention)	Enforces strict protection for endangered migratory species and recommends management strategies which require international cooperation.
Convention on the Conservation of European Wildlife and Natural Habitats (also known as the Bern Convention)	Conserves wild flora and fauna and their natural habitats, promote cooperation between states and protect endangered and vulnerable species.

Table 2: UK-wide legislation that the University must comply with.

Legislation	Description
G7 2030 Nature Compact	Aimed at halting and reversing biodiversity loss by (1) transitioning to sustainable and legal use of natural resources, (2) investing in nature and driving a nature-positive economy, (3) protecting, conserving and restoring nature and (4) prioritising accountability and implementation of commitments for nature.
Biodiversity Net Gain (BNG)	Requires development to deliver at least a 10% increase in biodiversity relative to the pre-development biodiversity value of the onsite habitat. Can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or biodiversity credits. Note: Scotland is in the process of establishing a Biodiversity Metric for its Planning System. Consultation ended on the 10^th of May, which will provide the data necessary to start building the Biodiversity Metric.
The Wildlife and Countryside Act 1981	Gives protection to native species, especially those at threat, controls the release of non-native species and enhances the protection of Sites of Special Scientific Interest (SSSI).
Forestry Act 1967	Promotes development of afforestation, management of forests, production and supply of timber.
Natural Environment and Rural Communities Act 2006	Places duty to conserve biodiversity on public authorities including actions such as enhancing, restoring or protecting a population or habitat.
Environment Act 2021	Encourages local nature recovery strategies (LNRSs), species conservation strategies and protected site strategies to take root.
The Protection of Badgers Act 1992	States that it is unlawful to wilfully kill, injure or take a badger and obstruct access to a badger sett.

Table 3: Scottish Legislation that the University must comply with.

Legislation	Description
Scotland’s Biodiversity Strategy to 2045 (formerly the 2020 Challenge for Scotland’s Biodiversity)	Aims for Scotland to halt biodiversity loss and be nature positive by 2030 and to have restored and regenerated biodiversity across land, freshwater and seas by 2045. Accompanied by the Scottish Biodiversity Delivery Plan (2024-2030) which forms the strategic framework of actions to achieve the vision and outcomes in the strategy. Focuses on building a sustainable economy and supporting communities and their roles in the stewardship of nature for future generations.
Nature Conservation (Scotland) Act 2004	All public bodies have a duty to further the conservation of biodiversity when carrying out their responsibilities.
Environmental Liability (Scotland) Regulations 2009	Require operators to take preventative measures where there is an imminent threat of environmental damage, and to remediate any environmental damage caused by their activities.
The Conservation (Natural Habitats) Regulations 1994 and Conservation of Habitat and Species Regulations 2017	Covers requirements for protecting sites that are internationally important for threatened habitats (former European sites) and species and a legal framework for species requiring strict protection (former European protected species).
Town and Country Planning (Scotland) Act 1997 and The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas (Scotland) Regulations 2010	Authorities in charge of planning and development need to apply for special licenses for development on any sites of conservation interest including, marine protected sites, Ramsar, World Heritage, SSSI and National Scenic Areas.
The Water Environment (Controlled Activities) (Scotland) Regulations 2011	Controls activities resulting in water run-off from farmland, forestry activities, and community and amenity green spaces to monitor diffuse pollution in Scottish waterways.
The Wildlife and Natural Environment (Scotland) Act 2011 (WANE Act)	Every public body in Scotland must produce a publicly available report every 3 years on compliance with the Biodiversity Duty (see Nature Conservation Act). Note this does not apply to Universities, but we aim to report publicly and frequently.
Marine (Scotland) Act 2010	Provides the framework to protect and enhance Scotland’s marine environment and includes measures to boost economic investment growth in the marine conservation industry.

Table 4: Fife Legislation that the University must comply with.

Legislation	Description
Fife Local Biodiversity Action Plan (2013-2018) (Updated version to be published)	Sets out biodiversity targets for Fife by improving habitat conditions and protecting vulnerable species. It aims to involve multiple stakeholders to improve the quality of life for those living in Fife.