Rewilding the law: Scotland’s chance to put natural processes at the heart of the Natural Environment Bill

Introduction

Scotland’s natural environment is not what it once was. Nature depends on functioning natural processes. Pollinators, herbivores and predators; rivers, wetlands and coasts; forests, peatlands and seas: together they form the living systems that sustain life. 

Yet many of these processes have been broken or diminished. Species have been lost, habitats have been fragmented, and ecological functions have been interrupted. Scotland is one of the most nature-depleted countries on Earth, ranked 212 out of 240 countries and territories for how much of its biodiversity remains. Without them, nature cannot thrive – and neither can we.

To change this, we must go beyond protecting what remains. We must restore what has been lost, giving space for natural processes to recover and for ecosystems to become self-sustaining once again. That means bringing back keystone species, reconnecting habitats across landscapes and seas, and allowing rivers, forests and peatlands to function as they should. By restoring nature, we strengthen our own resilience to climate change, secure clean air and water, and create a richer, more inspiring Scotland for generations to come.

We welcome the draft Bill, which is underpinned by coherent ecological understanding and an awareness of the nature emergency. Statutory nature targets are critical for the restoration and rewilding of Scotland.

Alongside thousands of people and organisations across Scotland, we urge the Scottish Government to declare Scotland a Rewilding Nation, with 30% of land and sea managed on rewilding principles. This can be done by restoring wild habitats such as peatlands, native woodlands, wetlands, rivers and seas, while maintaining and benefitting agricultural land used for growing food. 

Context

The Natural Environment Bill is an ecologically coherent piece of legislation. Like its sibling bill in Wales, the Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill, it aims to establish legally binding targets for nature restoration based on a scientifically sound understanding of how nature works. 

It is an opportunity to embed rewilding into legislation. Rewilding is a story of hope, helping us tackle the nature emergency while delivering tangible benefits for people, including carbon storage, climate resilience, vibrant green economies, local jobs, flood mitigation, healthier air, cleaner water, richer soil and improved health and wellbeing. By putting in place clear targets for the large-scale restoration of Scotland’s nature, the Scottish Government can send a clear message that nature matters. This will provide certainty to policy makers; security to rewilding initiatives; and inspiration to the people of Scotland.

The Bill requires targets to be put in place within 12 months of its coming into force. By the time commencement takes place in the next administration following the elections in May 2026, Scotland will be fast approaching its 2030 goal to halt biodiversity loss and be nature positive. Government and wider public sector delays on the management of Marine Protected Areas, increasing Scotland’s beaver population and other critical actions suggest that achieving this goal will be challenging. We urge the Scottish Government to set ambitious targets that inspire action across the whole of government and society, energising everyone to work towards the common goal of nature recovery. 

Our recommendations

1. We need to restore Scotland’s land and seas at scale and at speed. It is not enough to protect individual species or restore patches of habitat while ecosystems collapse around them. We need targets for ecosystem health – the restoration of natural processes that support all life, including us. Introduce natural processes as a target topic.
2. In an ecosystem, keystone species maintain structure and function – so their absence can trigger cascading impacts. Focusing only on threatened species risks losing focus on the species that support healthy ecosystems. Introduce keystone species as a target topic.
3. Statutory targets must extend to marine as well as terrestrial ecosystems. Recognise Scotland’s coasts and seas in the Bill.
4. Scotland’s national parks could be leaders on nature recovery, pioneering new approaches that benefit people, nature and climate. Empowering our current national parks – and any future national parks – with a clear mission of nature recovery will unleash their potential and kickstart the return of nature at scale across our parks. Include an overarching purpose for national parks of nature recovery.
5. We welcome the creation of statutory nature recovery targets, but believe they will be more effective if actions can be accelerated before targets are missed. Ensure a catchup mechanism for action plans before targets are missed.
6. We need to update our statutory designations to make room for new ways of restoring nature at scale, while recognising the value of existing designations for conservation. Create a new rewilding landscape designation. 

In addition, we have two underlying recommendations that will ensure the success of the targets set by the Natural Environment Bill.

1. The new government formed after May 2026 will deliver the targets created by the Natural Environment Bill. To ensure that targets are ambitious, ecologically-informed and supported at the highest levels of government, we urge all political parties to ensure that Scotland’s next cabinet includes a nature minister. Representation in cabinet meetings is essential to the success of nature recovery targets. Support the inclusion of a nature minister in any post-2026 government. 
2. The Land Reform Bill must connect with and reinforce the Natural Environment Bill. Making sure nature recovery is front and centre in Land Management Plans – the documents that landowners will be required to publish – is essential. Support the inclusion of nature recovery in Land Management Plans. 

1. RESTORE NATURAL PROCESSES ACROSS 30% OF SCOTLAND’S LAND AND SEAS

The targets resulting from Scotland’s Natural Environment Bill will be set by secondary legislation. By the time commencement takes place and the next government has formed following the 2026 Holyrood elections, Scotland will be fast approaching its 2030 goal to halt biodiversity loss and be nature positive. Government and wider public sector delays on the management of Marine Protected Areas, increasing Scotland’s beaver population and other critical actions suggest that achieving these goals will be challenging. 

The EU Nature Restoration Law, adopted in June 2024, sets legally binding targets for Member States to restore degraded ecosystems. By 2030, at least 20% of degraded land and sea areas must have restoration measures in place; by 2050, all degraded ecosystems must have restoration measures in place. This clear, understandable target will result in countries identifying their restoration needs and putting measures in place to meet these targets. Rewilding offers these states a clear and effective pathway to meeting their obligations. Rewilding Europe, together with other members of the European Rewilding Coalition, has drawn up and published a set of practical guidelines for drafting National Restoration Plans. 

https://www.rewildingeurope.com/wp-content/uploads/2025/04/REWE_03837_REWE005_Policy-document_25042025.pdf

“Rewilding is a holistic form of ecological restoration that aims to restore natural processes with the goal of creating self-sustaining ecosystems, with minimal or no human management after initial interventions. Rewilding is therefore process-oriented, seeking to restore ecological functioning rather than specific species or habitats, without a predefined end-state in mind. To provide unique ecological functions and restart natural processes, rewilding encompasses bringing back species, with a focus on keystone species and being open to the introduction of functional analogues where the native ones have been lost.”

Looking to the EU, the Nature Restoration Law refers to “allowing ecosystems to develop their own natural dynamics”. Introducing natural processes into the draft Natural Environment Bill will enable secondary legislation on the topic of natural processes to be introduced.

Introduce natural processes as a target topic.

In section 1, page 1, after line 22 insert < ( ) the restoration of natural processes,>

BOX: NATURAL PROCESSES IN LEGISLATION

Despite large areas of Scotland’s land being managed for conservation, biodiversity continues to decline and species are still threatened with extinction. Traditional conservation focuses on protecting areas of nature. The field of nature conservation is constantly evolving, and scientific advancements can help us select the appropriate conservation tool to reverse biodiversity loss. 

Ecological restoration focuses on returning an ecosystem to as close to its former state as is possible after a major disturbance. Rewilding, in contrast, focuses on restoring natural processes and proper ecosystem function, providing a way forward for ecologically degraded areas beyond restoration.

Biodiversity and conservation are frequently referenced in Scottish legislation. However, a growing body of evidence points to rewilding as an important tool for responding to the nature and climate emergencies. It is vital to update our legislation as our understanding of how to halt and reverse biodiversity loss evolves. 

• Conservation appears in approximately 24 acts and over 100 statutory instruments
• Biodiversity appears in 16 acts of the Scottish Parliament and 31 statutory instruments
• Ecosystem appears in 7 acts and 19 statutory instruments
• Natural processes in the context of ecological functions are not currently mentioned in any piece of Scottish legislation

In contrast, several other countries have incorporated ecological processes into their domestic legislation. Norway’s Nature Diversity Act 200 specifically refers to “landscape diversity and ecological processes”. 

Some proposed legislation in the UK has also included consideration of ecological processes. For example, the Climate and Ecology Bill included measures aimed at “restoring and expanding natural ecosystems, and enhancing the management of cultivated ecosystems to protect and enhance biodiversity, ecological processes and ecosystem service provision, including climate change mitigation”.

2. ENSURE THAT KEYSTONE SPECIES AREN’T OVERLOOKED

Keystone species are organisms that play a significant role in maintaining a healthy ecosystem. In Scotland, this might include ecosystem engineers, such as wood ants, burrowing terrestrial mammals and beavers; wild grazers, including species lost to Scotland such as elk and bison; and apex predators, such as white-tailed eagles and lynx. These species fulfil vital ecological roles, maintaining the structure and biodiversity of ecosystems. 

The absence or loss of keystone species can undermine ecosystems, leaving them unbalanced and less biodiverse. By including keystone species as a target topic, the Scottish Government can upscale its work on the reintroduction and reinforcement of ecologically necessary species. 

We further suggest that including ‘threatened’ species might result in an approach which focuses restoration efforts only on the most critically threatened species, delaying action on other species until it is too late to act. 

Include keystone species in the Bill.

In section 1, page 1, after line 24 insert <( ) the status of keystone species>

3. RECOGNISE SCOTLAND’S COASTS AND SEAS

Scotland’s marine environment is in decline. Action to address this – from management of Marine Protected Areas to protection of Priority Marine Features – has been repeatedly delayed. The recovery of marine ecosystems is often overlooked, but is vitally important to Scotland’s future. The amount of Scotland’s inshore waters in recovery is dangerously low, amounting to less than 1% of the total area. With Scotland being internationally significant for many marine species, including species of seabirds such as Great skuas, the Scottish Government has a global duty to show leadership in this area and significantly raise their ambition.

As drafted, the Bill could also result in the setting of just three targets for nature recovery, all of which could relate to land. We strongly recommend requiring the setting of at least one terrestrial and one marine target for each topic.

We expect to see secondary legislation that sets clear targets for the recovery of Scotland’s marine ecosystems. 

Ensure marine targets are specifically included.

In section 1, page 2, after line 9 insert < ( ) set targets in relation to marine and terrestrial ecosystems >

4. CREATE A CATCHUP MECHANISM FOR MISSED TARGETS

Both statutory and non-statutory targets depend on public opinion and political pressure, but statutory targets also carry the risk of legal action if they are missed. Given the urgency of the nature crisis, this may not be enough. We recommend a catch-up mechanism that requires Scottish Ministers to put extra measures in place to meet a target before setting a new one.

This could take the form of a 1 year period before a target is replaced where additional steps are taken to meet the target. Funding, enhanced use of existing powers and addressing bureaucratic challenges could be options for suggested steps. Introducing this catchup mechanism would encourage urgent action to address targets that might otherwise be missed.

In section 1, page 2, line 22, after “achieved” insert 

<(2A) Subsection (2B) applies if the Scottish Ministers believe that a target will be missed within the next 12 months.

(2B) The Scottish Ministers must lay before the Scottish Parliament a statement setting out the steps they intend to take to ensure the target is met.>

5. INCLUDE AN OVERARCHING PURPOSE FOR NATIONAL PARKS OF NATURE RECOVERY

Scotland’s national parks should be trailblazers when it comes to nature recovery, pioneering new approaches, working with stakeholders and exploring how communities can participate in and benefit from nature’s return. To empower them to do so, it is vital that this mission is clear and understood by those working for, and with, our national parks. We are therefore disappointed to see that Scotland’s national parks will be equipped only with minor changes to their aims, rather than an overarching purpose of nature recovery.

In a paper submitted to NatureScot’s National Park Stakeholder Advisory Group in 2022, three options for change were outlined. Minor change; significant change; and step change. Despite the need for urgent action and the potential of our national parks to help tackle the dual nature and climate crises, the Scottish Government has selected the minor change option. 

We support the rewording of existing aims to better reflect other changes to the vision and mission of our national parks. However, we believe that the government’s decision to axe the proposed overarching purpose for Scotland’s national parks, which the majority of stakeholders supported in the consultation, will have damaging consequences for nature. NatureScot’s advice to ministers in February 2023 said that in the consultation, “There was strong and widespread support across respondent categories for “leadership of nature recovery and a just transition to net zero” to become the overarching purpose of Scotland’s National Parks.”

Scotland’s national parks are currently designated protected areas classified by the International Union for Conservation of Nature (IUCN) as a Category V protected landscape or seascape. Over half of the park area in the Cairngorms National Park is protected by a specific landscape designation. Loch Lomond and the Trossachs National Park has 73 designated special nature conservation sites and 60 Sites of Special Scientific Interest. Approximately a fifth of these sites are not in a favourable condition according to current monitoring data and techniques. Scotland is beginning its journey towards nature recovery from a low baseline – protecting areas that are already degraded is not sufficient. The draft Bill fails to send a clear signal that our national parks are expected to lead in tackling the nature emergency. 

Large-scale nature recovery must be the overarching mission of our national parks. 

In section 5, page 7, after line 30 insert 

<1A Purpose of National Parks

1. The overarching purpose of a National Park shall be to provide leadership of nature recovery and a just transition to net zero.

2. Where it appears to the National Park authority that there is a conflict between the aims set out in subsection (1), the Authority shall give greater weight to those aims which most effectively further the overarching purpose in subsection (1A).”>

6. CREATE A NEW REWILDING LANDSCAPE DESIGNATION

Scotland’s network of designated sites protect the best remaining examples of habitats, species and geology. In cases where the management of land has changed to encompass ecological restoration, we propose that there is a process to re-designate sites as rewilding landscapes.

In some areas, land designations have been interpreted strictly by NatureScot and presented as a barrier to natural process-led management of some sites. This is not the case in every area – it varies across Scotland. Some land managers seeking to undertake ecosystem restoration on or around a protected site have found that designations do not present a barrier, while others have found that – due to the interpretation of the designation – some interventions are not permitted. 

If the flexibility already exists to manage land for ecosystem restoration on or around designated sites, that flexibility must be evenly applied. We suggest this amendment to ensure that this vital conversation takes place. 

The existing ‘wild land’ destination is not an ecosystem-based approach, is not statutory and focuses on the restriction of development rather than proactive restoration. Wildness is subjective. A resilient ecosystem can be measured. 

We advise that NatureScot should have an explicit role in determining the quality of land management at the site, so that only sites where dynamic natural processes are encouraged to return can be subject to this process.

Create a new rewilding landscape designation.

After Part 3 insert 

Part 3A: REWILDING LANDSCAPES

(1) The Nature Conservation (Scotland) Act 2004 (Amendment) is amended as follows –

1. On page 30 after section 38, insert

38A Designation of Rewilding Landscapes

(1) An application for a Rewilding Landscape designation may be made to the Scottish Ministers by—

(a) the owner of land proposed for designation, or

(b)  two or more owners of contiguous land who jointly seek designation.

(2) The Scottish Ministers may by regulations make further provision about the form and content of applications. 

(3) An application must: 

1. describe the area of land proposed for designation,
2. describe the potential for the restoration of natural processes in that area,
3. describe what community engagement has taken place prior to the application,
4. include any supportive evidence or plans required by regulations made under Section 38A(2).

(4) The Scottish Ministers may by order, upon application under Section 38A(1), designate any area of land as a Rewilding Landscape if satisfied that: 

1. the area is of particular importance for the restoration of natural processes,
2. the area has potential for the recovery and expansion of native habitats and species, and
3. the designation would contribute significantly to the achievement of national or international biodiversity, climate and and nature recovery targets.

(5) Before making a decision on an application under section 38A(4), the Scottish Ministers must—

1. consult the relevant local authority,
2. consult persons appearing to Ministers to represent the interests of communities living in or adjacent to the proposed area,
3. publish the proposal in such manner as Ministers consider likely to bring it to the attention of the public, and
4. invite representations within a period of not less than 12 weeks.

(6) A Rewilding Landscape designation may apply to an area that is already subject to another statutory designation, including but not limited to: 

1. a National Park,
2. a Site of Special Scientific Interest,
3. a National Nature Reserve, or
4. a National Scenic Area.

(7) The designation of an area as a Rewilding Landscape does not alter, diminish, or remove the protections conferred by any other statutory designation.

38B Application of Rewilding Landscapes

(1) In exercising any functions which may affect a Rewilding Landscape, including functions relating to land use, land management, or the provision of advice or financial assistance to landowners, the Scottish Ministers and all relevant public bodies must have regard to the following rewilding objectives –

1. the restoration of native woodland, wetland, peatland, grassland and coastal habitats, through natural processes as far as is possible;
2. the restoration and re-establishment of native species,
3. the reconnection of habitats to support ecological resilience,
4. the role of rewilding in climate change mitigation and adaptation, and
5. the cultural, educational, and recreational value of restored landscapes.

(2) Section 1 of this Act (duty to further conservation of biodiversity) applies to Rewilding Landscapes, and compliance with duties under this Part is deemed to contribute to compliance with that section.

(3) Scottish Ministers must lay before the Scottish Parliament a report on the condition and progress of Rewilding Landscapes every 5 years. Such a report must include –

1. an assessment of ecological recovery,
2. progress towards statutory nature recovery targets, and
3. recommendations for further measures to enhance the effectiveness of the designation.

38C Variation or revocation of Rewilding Landscapes

(1) The Scottish Ministers may by order –

1. vary the boundary of a Rewilding Landscape, or
2. revoke a Rewilding Landscape designation.

(2) Ministers may only make an order under subsection 38C(1) if satisfied that—

1. the variation or revocation is justified having regard to the objectives of section 38B(1), and
2. the ecological and community interests of the area have been fully considered.

(3) Before making an order under subsection 38C(1), Ministers must –

1. consult the owner or owners of land affected,
2. consult the relevant local authority and community bodies,
3. publish the proposal in such manner as Ministers consider likely to bring it to the attention of the public, and
4. invite representations within a period of not less than 12 weeks.

38D Procedure for Rewilding Landscapes

1. Any order made by the Scottish Ministers under section 38A(4) (designation), or 38C(1) (variation or revocation), is subject to the affirmative procedure.

This amendment creates a Rewilding Landscape designation under the 2004 Nature Conservation (Scotland) Act. The designation is layered – it adds to, but does not override, existing designations.

It imposes duties on public bodies and introduces monitoring/reporting requirements. Its aim is to embed rewilding as a statutory mechanism to help achieve biodiversity and climate goals.