Chamber and committees

The Wildlife and Natural Environment Bill Consultation Document does not intend to suggest that a person found guilty of attaching a ring, tag or other marking device to a live badger could have done so unknowingly. The consultation document proposes a new offence of knowingly causing or permitting another person to attach a ring, tag or other marking device to a live badger.

The Wildlife and Natural Environment Bill Consultation Document does not intend to suggest that a person found guilty of cruelly ill-treating a badger could have done so unknowingly. The consultation document proposes a new offence of knowingly causing or permitting another person to cruelly ill-treat a badger.

I refer the member to the answer to question S3W-22757 on 8 May 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The possibility of planning for the Solway Firth as a single entity has been discussed with UK Government officials. Under the Bills, marine planning regions are defined by reference to the marine borders applying between the UK Government and the devolved administrations. Under the Marine and Coastal Access Bill, marine plan authorities may identify and prepare marine plans for marine plan areas within these regions, although these areas are not prescribed in the Bill. It is intended that an administrative approach will be identified to ensure that the planning bodies either side of the Solway Firth work jointly to ensure a consistent and holistic approach.

No. There is no limit on the maximum fine which may be levied, in proceedings on indictment, on a landfill operator who contravenes licence conditions.

The Scottish Government does not intend to issue a code of practice specifically on the welfare of racing greyhounds. A code of practice on the welfare of dogs will be issued later in the year and much of the advice in that code will be appropriate for racing greyhounds. Practical guidance on track safety and other matters is available from the Greyhound Board of Great Britain.

As Stewart Stevenson told the Transport, Infrastructure and Climate Change Committee on 9 June 2009, section 2 of the Pollution Prevention and Control Act 1999 allows ministers to make regulations which, inter alia, impose conditions to be required in landfill permits. These conditions could include selective bans. These powers have already been exercised to make selective landfill bans in the Landfill (Scotland) Regulations 2003.

Furthermore, ministers may use the power in section 2(2) of the European Communities Act 1972 to make regulations implementing community obligations, or about matters relating to such obligations. The Waste Framework Directive (2008/98/EC) requires the prioritisation of prevention, re-use and recycling over other recovery and disposal. Selective bans may be a means of achieving the required prioritisation.

As Stewart Stevenson told the Transport, Infrastructure and Climate Change Committee on 9 June 2009, section 2 of the Pollution Prevention and Control Act 1999 allows ministers to make regulations which, inter alia, impose conditions to be required in incineration permits. These conditions could include selective bans. These powers have already been exercised to make selective incineration bans in the Waste Batteries (Scotland) Regulations 2009.

Furthermore, ministers may use the power in section 2(2) of the European Communities Act 1972 to make regulations implementing community obligations, or about matters relating to such obligations. The Waste Framework Directive (2008/98/EC) requires the prioritisation of prevention, re-use and recycling over other recovery and disposal. Selective bans may be a means of achieving the required prioritisation.

The Scottish Government is funding several initiatives to make sure local authorities have access to the best information and tools to build their capacity to adapt, or prepare for a changing climate. These include £185,500 in 2009-10 and £200,000 in 2010-11 to develop the Scottish Climate Change Impact Partnership - a free information and resource hub for local authorities and other organisations in Scotland. The Scottish Government is also providing 50,159 Euros in match funding to the CoastAdapt project. The project will investigate adaptation to climate change in coastal communities and habitats on Europe''s Northern Periphery and is being delivered as part of the Northern Periphery Programme 2007-13. Comhairle nan Eilean Siar is the lead partner for Scotland in this international partnership.

The Scottish Government also part funds the UK Climate Impacts Programme (UKCIP) to coordinate scientific research into the impacts of a changing climate, and to help organisations adapt to those unavoidable impacts. This means that Scottish local authorities have access to world-leading climate projections to help them prepare for the unavoidable consequences of climate change.

The Scottish Government is also funding, in partnership with the UK Government, the development of a UK Climate Change Risk Assessment (CCRA) to improve our understanding of the consequences of likely climate change.

More specifically, the Scottish Government is providing up to £200,000 to Comhairle nan Eilean Siar for a hydrodynamics study of coastal processes at the South Ford. This will inform the Council''s policies on coastal erosion and adaptation on South Uist and Benbecula.

Forty-five community bodies have successfully registered an interest in buying land since the Land Reform (Scotland) Act 2003 was implemented on 14 June 2004. The number of community bodies registering in each calendar year is five in 2004; eight in 2005; nine in 2006; 10 in 2007; 14 in 2008; and two in 2009. Within the above figures, one body registered separate interests in 2004, 2006 and 2008. A second body similarly registered separate interests in 2005 and 2007. Two community bodies are currently in the process of registering their interest and their applications are being considered by ministers.

These 45 community bodies have made some 74 registrations in the Register of Community Interests in Land. Some community bodies have more than one registration (a registration is made in respect of land owned by one landowner).

As the community right to buy requires a willing seller (it does not involve a compulsory purchase of registered land), there is no certainty that a landowner will want to sell the land during the period when a community body has registered its interest. The purpose of these provisions in the act is to provide communities with the opportunity of a pre-emptive right to buy the land in which it has a registered interest should the right to buy be triggered. Community right to buy was never intended as the only way that communities achieve ownership of land.

The right to buy has been triggered in respect of 22 parcels of land relating to registrations held by 15 communities. While five registered communities have acquired their desired land using the full provisions of the act, an additional two have negotiated a successful purchase after having their interest registered. Beyond that, eight further community bodies had the opportunity to acquire registered land when it was offered for sale (i.e. triggering the right to buy) but failed to purchase. One community body has also successfully purchased, by negotiation, two pieces of land following approval of their application for registration under the act.

Experience of the practical operation of the community right to buy provisions led to revised guidance being published on 15 June 2009, which provides more hands-on advice on the required processes and procedures for community bodies, landowners, heritable creditors and third parties who may be affected by the provisions. A revised application form with provisions for re-registration, also came into force on that date.

The Land Reform (Scotland) Act 2003 has only been in effect for a relatively short period of time and we are continuing to monitor the community right to buy provisions. If there is evidence that the provisions are not working as Parliament intended then a review of the act will be considered.