THE TRANSPORT and the ENVIRONMENT COMMITTEE AGENDA 7Th Meeting, Session 1 (2000) Tuesday 4 April 2000 the Committee Will Meet A
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THE TRANSPORT AND THE ENVIRONMENT COMMITTEE AGENDA 7th Meeting, Session 1 (2000) Tuesday 4 April 2000 The Committee will meet at 2.15 pm in Committee Room 4, Committee Chambers, to consider the following agenda items: 1. National Parks (Scotland) Bill (in private): The Committee will consider possible areas of questioning for the Minister for Transport and the Environment on the National Parks (Scotland) Bill, and it will also consider its approach to taking evidence on the Bill. Not before 2.45 pm 2. National Parks (Scotland) Bill: The Committee will take evidence from the Minister for Transport and the Environment on the National Parks (Scotland) Bill. 3. Subordinate Legislation: The Committee will consider the following negative instruments— The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2000 4. Petition: The Committee will consider public petition PE113 by the Campaign for Borders Rail calling for the Scottish Parliament to consider ways of re-instating a railway into and through the Borders, by way of a debate in the Parliament and by consideration by its committees. 5. Budget Process (in private): The Committee will consider this year’s Scottish Executive Departmental Report, and it will also consider its approach to taking evidence on the Scottish Executive Budget for 2001-02. 6. National Parks (Scotland) Bill (in private): The Committee will agree its approach to taking evidence on the National Parks (Scotland) Bill. Lynn Tullis Clerk to the Transport and Environment Committee Room 2.02, Committee Chambers 0131 348 (8)5208 e-mail [email protected] The following papers are relevant for this meeting: National Parks (Scotland) Bill, as introduced TE/00/7/1 Policy Memorandum Explanatory Memorandum (and other accompanying documents) Agenda items 1, 2 and 6 Executive’s Summary of Responses To Consultation on the TE/00/7/2 National Parks (Scotland) Bill Agenda items 1, 2 and 6 The Disabled Persons (Badges for Motor Vehicles) (Scotland) TE/00/7/3 Regulations 2000 Agenda item 3 Executive covering note on the Disabled Persons (Badges for TE/00/7/4 Motor Vehicles) (Scotland) Regulations 2000 Agenda item 3 Committee covering note on the Disabled Persons (Badges for TE/00/7/5 Motor Vehicles) (Scotland) Regulations 2000 Agenda item 3 The Local Authorities’ Traffic Orders (Exemptions for Disabled TE/00/7/6 Persons) (Scotland) Regulations 2000 Agenda item 3 Executive covering note on the Local Authorities’ Traffic Orders TE/00/7/7 (Exemptions for Disabled Persons) (Scotland) Regulations 2000 Agenda item 3 Committee covering note on the Local Authorities’ Traffic Orders TE/00/7/8 (Exemptions for Disabled Persons) (Scotland) Regulations 2000 Agenda item 3 Petition PE113 by the Campaign for Borders Rail TE/00/7/9 Agenda item 4 Committee covering note on Petition PE113 TE/00/7/10 Agenda item 4 Discussion paper on the Annual Budget Process TE/00/6/4 Agenda item 5 Extract from Executive’s Departmental Report (to follow) TE/00/7/11 Agenda item 5 Reporting Status Summary Of Responses ToTO Consultation On The RESPONSES TO THE DRAFT NATIONAL PARKS (SCOTLAND) BILL Contents Introduction Graph showing statistical breakdown of frequency of issues raised. Summary table detailing individual issues raised by respondents. Annex 1 Scottish Executive’s response to issues raised. Annex 2 Address list of all those who responded. Annex 3 Pie Chart showing breakdown of categories. Annex 4 Full list of abbreviations. Categories No. of responses 01 = Other Individual 161 LAG = Land Agent 8 SPO = Sporting Organisation 11 EI = Educational Institution 6 PROF = Professional Organisation 8 EA = Executive Agency 4 VOL = Voluntary Organisation 11 GAEL = Gaelic Community 5 NGO = Non Government Organisation 38 BUS = Business 4 LO = Land Owner 5 CC = Community Council 32 GOVT. = Government Department 4 CH0 = Charitable Organisation 2 REC = Recreational Group 8 PB = Public Body 9 POL = Political Party 2 LA = Local Authority 16 LEC = Local Ent. Companies 4 NPA = National Park Authorities 5 Introduction On the 21St January 2000 the Minister for Transport and the Environment, Sarah Boyack, launched the publication of the National Parks for Scotland, Consultation on the National Parks (Scotland) Bill. The launch took place at the Scottish Tourist Board’s Discovery Centre at Aberfoyle. The consultation period covered a six - week period, which closed on Friday 3 March. During this time over 2500 copies of the consultation paper were distributed to; all those who contributed to the original Scottish National Heritage’s Consultation on the proposal for National Parks, all the Local Authorities, all the Community Councils, Civic Forums and any member of the public who expressed an interest in receiving a copy prior to the launch. Further copies were distributed on request and the document was also made available on the Scottish Executive Internet Website. We received 343 responses to the draft Bill. The Scottish Executive analysed all the responses received and consulted on any issues raises that it was felt were not adequately covered in the draft Bill and made any necessary amendments to the Bill in light of these. This report represents the findings of the consultation exercise and provides a summary of all the major issues raised by those who responded. We received responses from a wide range of interests including, Community Councils, Local Authorities, individual members of the public, Professional Organisations and Sporting Organisations and many others. In addition to the responses to this consultation we have also received over 100 “Official Correspondence and Ministerial Correspondence” requests from members of the public seeking assurance that the Bill allows for Marine National Parks. IAN FAIRWEATHER MARCUS HOUSTON Summary of Issues Raised in Responses to the Draft National Parks (Scotland) Bill REF CAT ISSUES RAISED AREA OF CONCERN 1 01 National Parks to be “Tranquil Areas”. The words quiet and responsible enjoyment Peace and quiet should be included in purposes of National Parks. 2 LAG Stresses importance of accountability of NP bodies. Would like to see Appointments, Planning appeals/arbitration procedure for land owners in area of compulsory purchase issues. appeals, Compulsory Ministerial appointments to be heavily comprised of local people to balance vi purchase(appeals) numbers. Local Authority nominees should be Councillors, and management Management Plans (LO) committee to comprise representatives from main land owning estates, or they should have seats on Advisory Groups. Who will pay the cost of land owners having to prepare Management Plans? Not clear on how relationship between land owners and SNH on access will be affected. 3(c) and (d) (aims of NP) to be interchanged to reflect importance. Does “life renter” mean farming tenant. Not clear how private bodies will adhere to the NP Plan. Section 8 (1) should be re-written to have “within the law” inserted after “do anything”. 3 01 Concern over effectiveness of proposed Advisory Groups. Will put burden on NP staff Appointments, if having to meet regularly which will be essential if it is to function Extra resources Management agreements wilt be required. Would like to see definition of “Cultural Heritage”. May be contention Effectiveness of Advisory with reducing local authority no. of 16 currently on Interim Committee down to 10. Group Would like to see section 13 amended to state period of notice for terminating Management agreements. 4 01 Supportive of Policy behind Bill. Essential local communities and interests are Appointments. Adequate involved in NPs. CCs should be represented on Management Board or the Advisory amenities for increased Boards. Facilities for tourists/visitors important. Effective management of NPs will be visitors critical aswell. 5 GAEL Not supportive of whole process as there is no provision for Gaelic speakers. Gaelic community excluded 6 01 Not happy with opening sentence in Policy background, purposes/aims. Feels there is Definition of a misunderstanding of conservation. Feels there should be a clear statement of the purposes/aims. primary purpose being to conserve natural and cultural heritage. Concern over Appointments membership of NP authorities. LAS will be largest group on authorities. Wishes to see representation of conservationists, local communities and users of the Parks. Summary of Issues Raised in Responses to the Draft National Parks (Scotland) Bill 7 01 Concern that proposed purposes/aims will have detrimental effect on local Aims/purposes, communities. If based on English model development will take place to conservation Boundaries, and Funding and industries and employment will suffer. At present LA have control over land use and development and if this changes, tourism will become the virtual monopoly employer. He feels that NPs will discourage any enterprise in a field requiring more modern buildings or high technical specifications as they will nor succeed in development permission. NP boundaries will need careful consideration. Existing community to be excluded from Park so they can retain control over their own economic future. Adequate funding will be required. 8 SPO Delighted with legislation. Hopes Mountaineering community will be represented on Appointments the NP authorities. 9 GAEL No reference in the Bill to status of Gaelic or of linguistic heritage in general. Each Definition of cultural 8 Park should have a Gaelic Development Officer. Gaelic cause cannot be left to NP linguistic heritage. authorities. Recognition of Gaelic language should be written into the Bill. Separate Appointments, definition of “linguistic heritage”. Cultural heritage should include Gaelic as a national language. 10 PROF Feels that section 8(5) does not make Sandford principles clear enough. Clear date Purpose/aims. Byelaws. required for Cairngorms NP. Would like to see means by which Byelaws will be Miscellaneous functions. implemented. Schedule 3 (3) (a+b). Encourages division between two issues. Would Modifications of like to see enabling clause which translates as a seamless range of functions.