This section introduces national policies
and the legal background affecting land management in the
area followed by the strategic directions currently being
applied. Detailed information is provided on each of these
in Appendix 3.
Individually, the Deer Commission for Scotland (DCS), Scottish
Natural Heritage (SNH), Forestry Commission Scotland (FCS)
and the Scottish Executive Environment & Rural Affairs
Department (SEERAD) have different grant and regulatory powers
which they use to promote and ensure sustainable management
of grazing animals.
However, there are many circumstances where, used together,
these powers can deliver more effective solutions. DCS, SNH,
FCS and SEERAD are therefore combining efforts through Joint
Working to better promote effective land management and protection
of wider public interests. Joint Working between Agencies
brings together the key mechanisms to enhance by use of targeted
incentives, or if necessary, halt deterioration by regulatory
action. |
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| 5.1 Cairngorms National Park |
| The CSDMG has adopted
the aims of the National Park as they relate to the management
of deer (Section
1). The National Park Authority seeks to ensure that the
National Park aims are achieved in a co-ordinated way. In
the context of these aims, natural heritage includes the flora
and fauna of the NP, its geographical and physiographical
features and its natural beauty and amenity. |
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| 5.2 EU legislation on protected areas
and species |
| The ‘Habitats and Birds Directives’
present European Union legislation aimed at promoting the maintenance
of biodiversity, taking account of economic, social, cultural
and regional requirements. |
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| 5.3 UK Legislation on protected areas
and species |
| The following UK legislation provides an
important basis for developing nature conservation policy. |
| • |
Conservation (Natural Habitats &c) Regulations 1994. |
| • |
Nature Conservation (Scotland) Act 2004. |
| • |
Environmental Assessment of Plans and Programmes (Scotland)
Regulations 2004. |
|
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| 5.4 Deer (Scotland) Act 1996 |
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| 5.4.1 The Deer Commission for Scotland |
| The Deer (Scotland) Act 1996 established
the Deer Commission for Scotland (DCS). The function of the
DCS is to further the conservation, control and sustainable
management of all species of wild deer in Scotland.
‘Damage’, as used throughout the Act, is interpreted
as a ‘change of state that is regarded as detrimental
to legitimate objectives’. Consequently, the assessment
of damage is dependent on the legitimacy of the objectives
in question and the seriousness of that damage as related
to local circumstances
|
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| 5.4.2 DCS Sites for Assessment and Priority
Sites |
| DCS implement policy through a three-part
process to identify sites where unacceptable damage is occurring
and where there is a high priority for improved deer management.
This will usually then become the subject of a management agreement
(under Section 7 of the Deer (Scotland) Act 1996), with DCS,
aimed at resolving the problem. |
| |
| 5.4.3 Deer Control Agreements |
| Under Section 7 of the Act, voluntary agreements
can be made between DCS and owners/occupiers aimed at achieving
the control of deer populations to meet local land use objectives.
Section 8 of the Act provides DCS with statutory powers to establish
Control Schemes that in turn enable the compulsory control of
deer populations if required |
| |
| 5.5 The Cairngorms Local Biodiversity
Action Plan |
| The current Cairngorms LBAP lists all species
and habitats listed by the UK Biodiversity Action Plan Steering
Group known to occur in the Cairngorms area. Distribution maps
and information on the status, significance and population trends
are provided. The CSDMG supports the objectives of the Cairngorms
LBAP |
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| 5.6 Scottish Forestry Strategy |
| In the Scottish Forestry Strategy, published
by the Scottish Executive, conservation is covered under one
of five major Strategic Directions titled, ’To make a
positive contribution to the environment’ |
| |
| 5.7 Local Forestry Frameworks |
| The Cairngorms Forest and Woodland Framework
provides a vehicle for delivering the National Park’s
woodland objectives. |
| |
| 5.8 Estate Plans |
| Some estates have developed written plans
covering aspects of estate management including Forest Plans,
Biodiversity plans and Deer Management Plans. Some estates will
use this DMP as their estate DMP |
| |
| 5.9 Natural Heritage Futures |
| Natural Heritage Futures (NHF) outline a
contribution toward sustainable development published by Scottish
Natural Heritage (SNH). The documents outlining NHF provide
a vision for the sustainable management of Scotland’s
landscapes to 2025. |