Legislation & Government

Moorlands may look like forgotten areas, but because they are so important nationally and internationally, their management is controlled by a framework of laws and regulations.

The two most important international laws come from the European Union, setting the guiding principles for nature protection legislation in each member state :

The Birds Directive

Council Directive 79/409/EECon the conservation of wild birds, commonly referred to as the Birds Directive, is the EU’s oldest piece of nature legislation and one of the most important, creating a comprehensive scheme of protection for all wild bird species naturally occurring in the Union.

It was adopted unanimously by the Members States in 1979 as a response to increasing concern about the declines in Europe's wild bird populations resulting from pollution, loss of habitats as well as unsustainable use.It was also in recognition that wild birds, many of which are migratory, are a shared heritage of the Member States and that their effective conservation required international co-operation.

The directive recognises that habitat loss and degradation are the most serious threats to the conservation of wild birds. It therefore places great emphasis on the protection of habitats for endangered as well as migratory species.

The Habitats Directive

TheHabitats Directive 92/43/EEC was adopted in 1992. The main aim is to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements. While the Directive makes a contribution to the general objective of sustainable development; it ensures the conservation of a wide range of rare, threatened or endemic species, including around 450 animals and 500 plants. Some 200 rare and characteristic habitat types are also targeted for conservation in their own right. The Directive provides for a ban on the downgrading of breeding and resting places for certain strictly protected animal species.

The Habitats Directive also establishes the EU wide Natura 2000 ecological network of protected areas. For these areas it provides a high level of safeguards against potentially damaging developments.

These European regulations are implemented in Scotland by the Scottish Government and its conservation agency, Scottish National Heritage. Scottish “Natura 2000” sites cover large parts of the countryside, and concentrate on protection of species considered most at risk on an international scale. The most important Natura 2000 designations affecting moorland are :

Another EU Directive, the Water Framework Directive, will become increasingly important for moorland management, given that the many reservoir catchments and river headwaters are dominated by heather moorland.

Scottish Legislation

One of the main domestic laws affecting conservation of moorlands is theNature Conservation (Scotland) Act 2004

This Act sets out the Government’s biodiversity strategy and provides for the designation ofSites of Special Scientific Interest (SSSIs) :

Sites of Special Scientific Interest (SSSI) represent the best of Scotland’s natural heritage. They are ‘special’ for their plants, animals or habitats, their rocks or landforms, or a combination of such natural features. Together they form a network of the best examples of natural features throughout Scotland, and support a wider network across Great Britain and the European Union.

Scottish Natural Heritage chooses sites carefully after detailed survey and evaluation against published scientific criteria. At 31 March 2007, there were 1,455 SSSI’s, covering a total area of 1,034,000 hectares or 12.9% of Scotland.

SSSIs existed before the Natura 2000 sites were introduced and cover a much wider range of species and natural features.

Further detail of all designated sites can be found on the website of the Joint Nature Conservation Committee (JNCC)

The Biodiversity Duty set out in The Nature Conservation (Scotland) Act 2004 is implemented through Scotland’s Biodiversity Strategy and a series of Biodiversity Action Plans (See Sustainable Management:Global Importance)

Another recent law which affects the management of moorland is theLand Reform (Scotland) Act 2003 which includes provision for access to the hills, for walking and recreation -Outdoor Access Scotland

Codes of Practice

Some specific activities on moorland are governed by Codes of Practice – for instance burning of heather must be done according to theMuirburn Code (SEERAD) 2001.

Predator control

This is done by wildlife managers under the terms of the Open General Licences issued by the Scottish Government.

Grants and subsidies

Government help to landowners for looking after all rural land comes through the new

Scottish Rural Development Plan administered by SGRPID. For an update on Scotland's Rural Development Programme 2007 -2013 please click into -Newsletter January 2008

Scottish Natural Heritage’sNatural Care is an integral part of the Rural Development Programme and has some elements specific to moorlands.

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