The Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No. 4, Transitional and Saving Provisions) and the Natural Environment (Scotland) Act 2026 (Commencement No. 1) Regulations 2026

The Scottish legal landscape for environmental and land management has undergone significant evolution with the recent commencement of key provisions from two pivotal pieces of legislation: the Wildlife Management and Muirburn (Scotland) Act 2024 and the Natural Environment (Scotland) Act 2026. The Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No. 4, Transitional and Saving Provisions) and the Natural Environment (Scotland) Act 2026 (Commencement No. 1) Regulations 2026 bring into force further sections of the 2024 Act, particularly concerning muirburn, and initiate the implementation of the ambitious 2026 Act. This article provides an overview of these commencement regulations, detailing the substantive changes introduced and their practical implications for landowners, sporting estates, conservation bodies, and legal practitioners navigating Scotland's evolving environmental governance framework.

The Scottish Government's commitment to enhancing wildlife protection and fostering sustainable land management practices has reached a new milestone with the recent enactment of crucial commencement regulations. These regulations, titled The Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No. 4, Transitional and Saving Provisions) and the Natural Environment (Scotland) Act 2026 (Commencement No. 1) Regulations 2026, mark a significant phase in the implementation of two landmark pieces of legislation. While the Wildlife Management and Muirburn (Scotland) Act 2024 (the 2024 Act) has been progressively brought into force since its Royal Assent in April 2024, these latest regulations activate further key provisions, particularly those related to muirburn.

Concurrently, the Natural Environment (Scotland) Act 2026 (the 2026 Act), which received Royal Assent in March 2026, begins its phased implementation with its first commencement regulations. This dual commencement underscores a comprehensive legislative push to address long-standing concerns regarding wildlife crime, habitat degradation, and the sustainable use of Scotland's natural resources. For legal practitioners, understanding the scope and implications of these newly commenced provisions is paramount, as they introduce new duties, prohibitions, and licensing requirements that will reshape land management and environmental compliance across Scotland.

The legislative journey culminating in these commencement regulations began with a growing recognition of the need for more robust environmental governance in Scotland. The Wildlife Management and Muirburn (Scotland) Act 2024 emerged largely from the recommendations of the independent Werritty Review of grouse moor management, commissioned in 2017 and published in 2019. The Review highlighted concerns about raptor persecution, the intensive management practices associated with driven grouse shooting, and the environmental impacts of muirburn. The 2024 Act, which received Royal Assent on 30 April 2024, was designed to address these issues by introducing a licensing regime for grouse moors, banning certain trapping methods, and regulating muirburn.

Building upon this foundation, the Natural Environment (Scotland) Act 2026 represents a broader, more ambitious legislative effort to tackle the nature crisis and establish a legally binding framework for nature restoration. Passed by the Scottish Parliament on 29 January 2026 and receiving Royal Assent on 12 March 2026, the 2026 Act aims to set statutory biodiversity targets, strengthen deer management powers, update National Park legislation, and enhance marine protection. These Acts collectively signify a strategic shift in Scottish environmental policy, moving towards a more regulated and accountable approach to land and wildlife management, with a stated ambition for Scotland to be 'nature positive' by 2030 and to restore ecosystems by 2045.

The Wildlife Management and Muirburn (Scotland) Act 2024 has already seen significant provisions come into force, including a ban on snares from 25 November 2024 and the introduction of a licensing scheme for grouse shooting (Section 16AA Licence) from 12 August 2024. The latest Commencement No. 4 Regulations for the 2024 Act further advance its implementation by appointing 15 July 2026 and 15 September 2026 for the coming into force of additional provisions. While the full schedule of these provisions is detailed in the regulations, it is understood that they include further aspects of the muirburn licensing regime. This regime will make it an offence to carry out muirburn without a licence, requiring approved training and a specified purpose for the burning, thereby imposing stricter controls on a practice critical for moorland management but often associated with environmental risks.

Concurrently, the Natural Environment (Scotland) Act 2026 (Commencement No. 1) Regulations 2026 initiate the implementation of the 2026 Act, bringing into force two specific provisions related to muirburn licensing from 18 June 2026: Section 55, which concerns muirburn for the purpose of an approved training course, and Section 56, which outlines the grounds for the grant of a muirburn licence. This immediate focus on muirburn training and licensing criteria highlights the Scottish Government's prioritisation of responsible burning practices. The 2026 Act itself is a broad instrument, establishing legally binding targets for nature restoration, enhancing NatureScot's powers in deer management, and updating the framework for National Parks to place a stronger emphasis on biodiversity recovery. These provisions, once fully commenced, will fundamentally alter how land managers interact with the natural environment, requiring a proactive approach to biodiversity enhancement and adherence to new regulatory standards.

The 'Transitional and Saving Provisions' within the Commencement No. 4 Regulations for the 2024 Act are crucial for practitioners. These provisions are designed to ensure a smooth transition from the old legal framework to the new, mitigating disruption and providing clarity on how existing practices or ongoing activities are to be treated under the new regime. While specific details would require a close reading of the regulations themselves, such provisions typically address issues like the validity of actions taken under previous laws, the continuation of certain permissions, or grace periods for compliance with new requirements. Their inclusion reflects an understanding of the practical challenges associated with implementing significant legislative change across a diverse range of land management operations.

The interplay between the 2024 Act and the 2026 Act is also noteworthy. While the 2024 Act focuses on specific aspects of wildlife management and muirburn, the 2026 Act provides an overarching framework for nature restoration and biodiversity targets. The commencement of muirburn-related provisions in both Acts, albeit at different stages, indicates a concerted effort to regulate this activity comprehensively. The 2024 Act's muirburn licensing scheme is set to be fully operational for the 2025 muirburn season, with the 2026 Act's initial commencement supporting the training and foundational criteria for these licences. This layered approach necessitates careful attention from practitioners to ensure compliance with both specific operational requirements and broader environmental objectives.

The commencement of further provisions of the Wildlife Management and Muirburn (Scotland) Act 2024 and the initial provisions of the Natural Environment (Scotland) Act 2026 signals a transformative period for environmental and land management law in Scotland. Practitioners advising landowners, sporting estates, conservation groups, and other stakeholders must be acutely aware of the new licensing requirements, prohibitions, and enhanced regulatory powers. The full ban on snares, the operational grouse moor licensing scheme, and the impending full muirburn licensing regime under the 2024 Act, coupled with the foundational biodiversity targets and deer management reforms of the 2026 Act, demand a thorough review of existing practices and compliance protocols.

Looking ahead, the phased implementation of the 2026 Act, with further provisions expected later this year, will continue to shape Scotland's natural environment. Legal professionals should proactively engage with NatureScot guidance, monitor future commencement regulations, and advise clients on the necessary training and licensing applications to ensure adherence to the evolving legal landscape. The emphasis on sustainable practices, accountability for wildlife crime, and nature restoration is clear, and a failure to adapt could result in significant penalties. This legislative wave underscores a clear policy direction towards a more environmentally responsible and regulated approach to Scotland's precious natural heritage.