Opinion - conservation measures v the right to roam

NatureScot sought an opinion from our legal advisers, Harper Macleod LLP, on how the legislative framework for nature conservation interacts with the right to roam. In particular, NatureScot sought answers to the following questions:

• Do the organisers of outdoor events, or the relevant landowners, have to apply to NatureScot for SSSI consent where these events could harm protected areas and where these sites have an ORC listed covering either recreation or damage to vegetation? Alternatively do the provisions of the Land Reform (Scotland) Act 2003 apply giving the organisers a public right to hold these events within protected areas without further statutory oversight?
• To what extent do organisers have to comply with SOAC and associated guidance on outdoor events?
• What offences are potentially committed if an organiser or landowner does not apply for consent, and who is liable? What is the situation if an organiser does not liaise with the relevant landowner(s) before an event takes place?
• Aside from section 29 powers, what are the implications for access rights if we advise organisers and landowners in advance of potential harm to the environment from a particular event, but nevertheless they carry on with no regard to the requirements of the Nature Conservation (Scotland) Act 2004?

Harper Macleod’s opinion was provided in March 2026.

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