The Scottish Government is continuing to engage via Department for Environment, Food and Rural Affairs with the current greening Simplification Review undertaken by the European commission. We anticipate that this may result in changes to the detailed implementation rules for greening, to be announced by the commission later in 2016.

There are no regulations which are specific to gas gun bird scarers.

Responsibility for dealing with the majority of complaints about noise, including from bird scarers/gas guns, rests with local authorities who have a duty to investigate such complaints under the statutory nuisance provisions of the Environmental Protection Act 1990 (EPA). Part III of the EPA enables local authorities to take action to secure the abatement of a statutory nuisance.

The Local Government Boundary Commission for Scotland published and submitted to Scottish Ministers on 26 May its reports and final recommendations for the number of councillors and the electoral ward boundaries in each of Scotland's 32 local authorities, following completion of its Fifth Electoral Reviews. Ministers are now considering those recommendations, and will take decisions on whether to implement them once that consideration has been completed. There is no statutory deadline by which such decisions must be taken.

Progress of these Nature Conservation Marine Protected Area proposals has been paused to address EU obligations regarding protection of harbour porpoise and bird species, and to focus efforts on delivering management measures for existing protected areas.

The following table contains information in respect of the number of people reported, prosecuted and convicted under sections 11 to 11 I of the Wildlife and Countryside Act 1981 between April 2011 and June 2016. Please note that no cases were reported in January to March 2016. The cases against two of the people prosecuted are still ongoing so it is not yet known whether they will lead to a conviction.

In addition the table provides information on the number of people reported in respect of whom a fiscal direct measure has been given. Direct measures are a form of prosecutorial action other than court proceedings. In these cases, the type of direct measure given was either a monetary fiscal fine or a warning.

	2011-12	2012-13	2013-14	2014-15	2015-16	April 2016	May 2016	June 2016	Total
Reported	21	25	23	15	4	5	1	1	95
Fiscal direct measures	11	7	6	1	1	1	0	0	27
Prosecuted	9	10	7	11	2	1	0	1	41
Convicted	6	3	3	5	1	1	0	0	19

The Scottish Government has appointed Professor Campbell Gemmell, Professor of Environment Research, Policy, Regulation and Governance at the University of Glasgow, to lead an independent examination of the issues and evidence surrounding underground coal gasification.

Professor Gemmell is currently working closely with stakeholders and communities while undertaking this independent examination of the issues and evidence. The review is expected to report its findings later in summer 2016

At present, the UK remains a member state of the European Union. The Scottish Government has been clear in its belief that European Union membership delivers many social, economic and cultural benefits for individuals, business and communities across Scotland. The Scottish Government’s priority is to protect Scotland’s interests and we are considering all possible options to ensure Scotland’s continuing relationship with Europe. There are no plans to revoke or amend domestic legislation giving effect to the requirements of the EU Birds and Habitats Directives in Scotland as a result of the outcome of the EU referendum.

The nutrient management plan requirement was introduced in order to ensure that common agricultural policy (CAP) greening rules in Scotland include at least one measure to help mitigate agriculture’s contribution to climate change, by encouraging efficient use of inorganic nitrogen fertilisers. It was introduced in 2016 under the ‘greening equivalence’ rules, which allow member states some flexibility to tailor EU greening requirements to national priorities.

Ensuring the efficient use of nitrogen-based fertilisers is an important part of the shift in farming practices needed for Scotland to meet its world-leading climate change targets. When too much nitrogen-based fertiliser is applied to soils, it creates a nitrogen excess which is either passed into the atmosphere in the form of nitrous oxide (a highly potent greenhouse gas with a global warming potential 298 times greater than that of carbon dioxide over 100 year life span) or into watercourses via runoff and leaching from the soil as nitrates.

The Scottish Greenhouse Gas Emissions 2014 report shows that agriculture and the related land use sector is Scotland’s main contributor to emissions of nitrous oxide. It indicates that of the 3.3 MtCO2e of nitrous oxide that Scotland emitted, 89% of this (2.7 MtCO2e) came from agriculture and related land use. These emissions are largely produced by agricultural practices on soils, and to a lesser extent by animal manures.

The nutrient management plan greening requirement is a light-touch measure designed to encourage efficient use of nitrogen-based fertilisers by requiring farmers in receipt of CAP direct payments to estimate the quantity of inorganic nitrogen fertiliser and lime they intend to apply on permanent grassland fields (excluding fields which also contain rough grazing or arable land) each year. This aims to drive behaviour change by encouraging farmers to consider whether they are using fertilisers efficiently.

Accompanying guidance also encourages farmers to test the pH of their soil. If the soil pH is too low, applying lime can help to improve the efficiency with which grass takes up the nitrogen applied in fertiliser. This, in turn, has the potential to improve the productivity of the grass sward and to reduce nitrous oxide emissions. The EU Regulation does not provide the scope to make soil pH testing a mandatory part of the requirement, since it requires greening rules to apply every year, whereas a more appropriate frequency for soil pH testing is every five to six years. However, the benefits of soil pH testing are promoted in guidance.

<>Planning applications are determined in accordance with the relevant development plan unless material considerations indicate otherwise. Scottish Planning Policy (2014) paragraph 248 is clear that the review of mineral permissions every 15 years should be used to apply up-to-date operating and environmental standards. As a statement of ministers’ priorities the content of Scottish Planning Policy is a material consideration that carries significant weight.

<>Scottish Ministers have a general power to intervene by calling in an application for their own determination. In practice though, ministers will exercise this power very sparingly, recognising and respecting the important role of local authorities in making decisions on the future development of their areas.

At this time it is not ministers’ intention to call in this application.