SLE warns General Licence changes risk adding unnecessary burden for rural businesses

Press Release

Rural business organisation Scottish Land & Estates (SLE) is calling for a consistent and proportionate approach to the review of the general licensing scheme in Scotland to protect food production, public safety and the conservation of vulnerable species.

NatureScot is consulting on changes to General Licences, which are granted to permit wildlife management for a variety of purposes, including preventing serious damage to livestock or crops, preserving public health or safety and for the conservation of wild birds.

In its consultation response, SLE highlights the importance of legal management of species such as corvids, under the terms of the General Licence, for the protection of rare species including vulnerable ground-nesting birds. Focusing on the desired outcomes of the regulation, such as food production and protection of native species will result in a balanced and effective regulatory system, the organisation states.

Nadia Flaherty, Policy Adviser (Wildlife Management) for SLE, said: “The existing regulations are proportionate and are delivering important outcomes for rural Scotland. Land managers already navigate a wide range of complex licensing and regulatory requirements linked to rural business activities, so significant changes to the General Licence framework would create additional and unnecessary administrative pressure. The existing framework should therefore be retained and, where appropriate, strengthened, to provide a proportionate and efficient approach to regulation.”

SLE is questioning NatureScot’s approach to imposing restrictions on the use of general licences.

Ms Flaherty continued: “NatureScot’s ability to restrict the use of General Licences appears to rest on a flawed assumption – namely that location equals causation. In other words, there is no requirement to link evidence found on a particular site to a relevant person or persons. We do not believe such an approach is consistent with the principles of good regulation. NatureScot should ensure that consideration of evidence that an alleged crime was carried out by the owners or managers of that land is compulsory, rather than optional.”

For the first time, NatureScot proposes introducing a requirement for annual information returns as a condition of using all General Licences.

SLE opposes mandatory annual information returns on the grounds that they would create an excessive administrative burden and could increase the risk of data being misused.

Ms Flaherty concluded: “NatureScot has not demonstrated a clear regulatory need for annual data returns. This requirement would create a significant additional burden for rural businesses, farms and estates, undermining what has always been a simple and proportionate scheme enabling lawful activities to be undertaken. Pest and predator control is an inherently reactive exercise, and we do not believe the proposal to submit returns is practical or reasonable.”

Since 2011, five reviews and public consultations have been carried out relating to the general licensing scheme, in 2011, 2012, 2013, 2016 and 2019.