Recommendation 26

NatureScot is not formally an enforcing body under section 108 of the Environment Act 1995. This means that it would not be automatically covered by the provisions extending the enforcement bodies’ remits to ecocide. Instead, it would require authorisation from SEPA to undertake ecocide-related investigations. As the Committee understands it, this also applies in the case of investigations potentially leading to a prosecution under section 40 of the 2014 Act. The Committee invites the Scottish Government to clarify whether investigations of possible environmental offences would benefit from NatureScot being designated an enforcing body and to comment on any significant resourcing or other implications of doing so.