Policy and legislation

Although there is no one-size-fits-all soil protection policy for Scotland, there is a range of legislation and policies that protects some aspects of soil and influences how our soils are managed. For information on the extent of the different legislative and policy mechanisms for the protection and management of soil in Scotland see: Soil governance in Scotland: mapping the institutional architecture - update.

Key legislation, policy and guidance relating to soils in Scotland includes:

Scottish Legislation: Acts

• Agriculture and Rural Communities (Scotland) Act 2024
• Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
• Forestry and Land Management (Scotland) Act (2018)
• Wildlife and Natural Environment (Scotland) Act (2011)
• Climate Change (Scotland) Act (2009)
• Flood Risk Management (Scotland) Act (2009)
• Planning etc. (Scotland) Act (2006)
• Environmental Assessment (Scotland) Act (2005)
• Nature Conservation Scotland (Act) (2004)
• Water Environment and Water Services (Scotland) Act (2003)

Scottish Legislation: Regulations

• The Water Environment (Miscellaneous) (Scotland) Regulations (2017)
• The Pollution Prevention and Control (Scotland) Regulations (2012)
• Waste Management Licensing (Scotland) Regulations (2011)
• The Water Environment (Controlled Activities) (Scotland) Regulations (2011)
• Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations (2008)
• Radioactive Contaminated Land (Scotland) (Amendments) Regulations (2007)
• The Contaminated Land (Scotland) Regulations (2005) & Statutory Guidance SE/2006/44
• Conservation (Natural Habitats, &c.) Regulations (1994)
• Sludge (Use in Agriculture) Regulations (1989 and later amendments)

UK Legislation: Acts

• Environmental Protection Act – Part IIA: Contaminated Land (1990)

Scottish policy / guidance

• Agricultural Reform Route Map (2024)
• National Planning Framework 4 (2023)
• Agriculture and Rural Communities (Scotland) Bill - policy memorandum (2023)
• Sustainable and Regenerative Farming - next steps: statement (2022)
• Final-draft Biodiversity Strategy to 2045 (2022)
• The Muirburn Code (2021)
• Land use - getting the best from our land: strategy 2021 to 2026 (2021)
• River Basin Management Plans (2021)
• Flood Risk Management Strategies (2021)
• Securing a green recovery on a path to net zero: climate change plan 2018–2032 - update (2020)
• The Environment Strategy for Scotland: vision and outcomes (2020)
• Climate Ready Scotland: climate change adaptation programme 2019-2024
• Scotland's Forestry Strategy 2019-2029 (2019)
• Valuing Your Soils (2016)
• National Peatland Plan (2015)
• Natural Flood Management Handbook (2015)
• Guidance on suitable organic material applications for land restoration and improvement (2015)
• Strategic Environmental Assessment Guidance (2013)
• Planning Advice Note 33 (Development of Contaminated land) (2000)
• Scottish Soil Framework (2009)

UK policy / guidance

• UK Forestry Standard (2023)
• UK Woodland Carbon Code (2022)

EU policy / guidance

• EU Proposal for a Directive on Soil Monitoring (2023)
• EU Biodiversity Strategy for 2030 (2023)
• EU Soil Strategy for 2030 (2023)
• The common agricultural policy: 2023-27 (2022)