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JPR
Environmental
Breadstone
Business Centre,
Breadstone,
Berkeley,
Gloucestershire
GL13 9HF
Tel: 01453
811 537
Fax:
01453 810 646
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Legislation
Conservation, habitats and protected species
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- Current legislation relevent to the conservation of habitats and species in England:
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- Ramsar Convention on Wetlands 1971
- Bern Convention 1979
- Birds Directive 1979
- Bonn Convention 1980
- Wildlife & Countryside Act 1981
- Earth Summit, Rio de Janeiro 1992
- Habitats Directive 1992
- Habitats Regulations 1994
- Biodiversity Action Plan
- Countryside & Rights of Way Act 2000 (CRoW)
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- The Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 - Ramsar Convention
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- Usually referred to as the Convention on Wetlands 1971, it is also commonly known as the Ramsar Convention as it was signed in Ramsar, Iran in 1971.
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- This is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands. The first obligation under the Convention is to designate at least one wetland for inclusion in the ‘Ramsar List’ based on the wetland’s significance in terms of ecology, botany, zoology, limnology, or hydrology and to promote its conservation, including, where appropriate, its wise use. Under the Convention there is a general obligation for the Contracting Parties to include wetland conservation considerations in their national land-use planning.
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- Initially the emphasis was on the conservation of wetlands primarily to provide habitat for waterbirds but over the years the Convention has broadened its scope to cover all aspects of wetland conservation recognizing wetlands as ecosystems that are extremely important for biodiversity in general and for the well-being of human communities.
- As of September 2003 there are 137 Contracting Parties to the Convention, with 1310 wetland sites, totalling 111 million hectares. Within UK territories there are 169 sites totalling 859,023 ha.
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- The official website is http://www.ramsar.org/. The Ramsar Database http://www.wetlands.org/rsis/ contains information on contracting parties and wetlands designated as internationally important.
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The Convention on the Conservation of European Wildlife and Natural Habitats 1979
- Also known as the Bern Convention 1979
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- This Convention covers all aspects of nature conservation by seeking to conserve wild flora and fauna in their natural habitats. It imposes a general duty on the parties to have regard to the conservation of wildlife and habitat protection in planning and development policies, particularly in respect of threatened species and especially when the conservation requires the co-operation between countries.
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- Endangered and vulnerable species are listed in a series of appendices:
- Appendix I Strictly protected flora species
- Appendix II Strictly protected fauna species
- Appendix III Protected fauna species
- Appendix IV Prohibited means and methods of killing, capture and other forms of exploitation
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- Plant species listed on Appendix I are subject to special protection. Animal species listed on Appendix II receive special protection, as do their habitats. The exploitation of species listed on Appendix III are subject to regulation.
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- The parties to the Convention meet annually to discuss implementation in party states. Obligations arising under the convention are implemented in Great Britain under the Wildlife and Countryside Act 1981
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- The full text is available online http://www.ecnc.nl/doc/europe/legislat/bernconv.html
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Council Directive on the Conservation of Wild Birds 1979 (79/409/EEC)
- Also shortened to the Birds Directive 1979
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- This European Union legislation imposes an obligation upon member states of the Community to maintain populations of naturally occurring birds including migratory species at a level corresponding to their ecological, scientific and cultural requirements by creating protected areas and managing habitats for this purpose. The member states are required to designate Special Protection Areas (SPA) to ensure the conservation of bird species listed on Annex I by conserving their habitats. In England this was implemented through the Wildlife and Countryside Act 1981.
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- SPAs now form part of the Natura 2000 network which was established under the Habitats Directive 1992
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- The full text is available online http://europa.eu.int/scadplus/printversion/en//lvb/l28046.htm
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Convention on the Conservation of Migratory Species of Wild Animals 1980
- Also known as the Bonn Convention 1980
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- The primary objective of the Convention is to protect migratory species. The Convention is particularly concerned with those species of wild animals that migrate across or outside national jurisdictional boundaries, convinced that conservation and effective management of such species requires the concerted action of all States within the national jurisdictional boundaries of which these species spend any part of their life cycle.
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- The target species are listed on two appendices:
- Appendix I Endangered migratory species
- Appendix II Migratory species to be the subject of agreements
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- Member states within the ranges of species listed on Appendix I are required to conserve those species and prohibit their taking. The States also need to remove factors endangering or likely to further endanger the species to the point of securing the species from danger of extinction. This might include restoring appropriate habitats or the strict controlling of introductions or controlling or eliminating already established exotic species.
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- Appendix II lists migratory species which have an unfavourable conservation status and which require international agreements for their conservation and management, as well as those that have a conservation status which would significantly benefit from the international cooperation achieved by an international agreement.
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- The official web site has the full text and added agreements as well as news articles http://www.cms.int/
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Wildlife & Countryside Act 1981
- This is the principal mechanism for the legislative protection of wildlife in Great Britain. The legislation is the means by which the Bern Convention 1979, the Birds Directive 1979 and the Habitats Directive 1992 are implemented in Great Britain. It does not extend to Northern Ireland, the Channel Islands or the Isle of Man but similar legislation is enacted to fulfil these obligations elsewhere in the UK.
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- The Act was introduced to repeal and re-enact with amendments previous legislation, including the Protection of Birds Acts 1954 and 1967, the Conservation of Wild Creatures and Wild Plants Act 1975 and the Endangered Species (Import and Export) Act 1976; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the law relating to nature conservation, the countryside and National Parks; and, to amend the law relating to public rights of way.
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- The Act is divided into four Parts:
- Part I Wildlife
- Part II Nature Conservation, Countryside and National Parks
- Part III Public Rights of Way
- Part IV Miscellaneous and General
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- Part I of the Act relates to the protection of birds, ‘other animals’ and plants. This Part is divided into 27 Sections most of which have subsections.
- Sections 1-8 relate to the protection of birds
- Sections 9-12 relate to the protection of other animals
- Section 13 identifies measures for the protection of wild plants
- Section 14 prohibits the release of non-native species
- Section 15 amends the Endangered Species Act 1976
- Sections 16-17 provides mechanisms for licensing certain actions
- Sections 18-21 deal with offences, enforcements and prosecutions
- Sections 22-25 relate to roles of the Secretary of State, advisory bodies, the Nature Conservancy Council (now JNCC) and local authorities
- Sections 26 outlines mechanisms by which Orders and Regulations should be produced
- Section 27 gives interpretation and definition of terms in Part I
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- There are ten Schedules that relate to Part I of the Act
- Schedule 1 Birds which are protected by special penalties
- Part I – at all times
- Part II – during the close season
- Schedule 2 Birds which may be killed or taken
- Part I – outside the close season
- Part II – by authorised persons at all times
- Schedule 3 Birds which may be sold
- Part I – alive at all times if ringed and bred in captivity
- Part II – dead at all times
- Part III – dead from 1st of September to 28th February
- Schedule 4 Birds which must be registered and ringed if kept in captivity
- Schedule 5 Animals which are protected
- Schedule 6 Animals which may not be killed or taken by certain methods
- Schedule 7 Protection of certain mammals
- Schedule 8 Plants which are protected
- Schedule 9 Animals and plants to which Section 14 applies
- Part I – animals which are established in the wild
- Part II – plants
- Schedule 10 Amendments of the Endangered Species (Import & Export) Act 1976
- Part I – the amendments
- Part II – Schedule inserted as Schedule 4
- Part III – Schedule inserted as Schedule 5
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- Section 9 is of particular importance since this lists the actions that are prohibited with respect to species listed on Schedule 5. Section 9 prohibits the ‘intentional’ killing, injuring or taking, the possession and the trade in wild animals listed on Schedule 5. Also, places used for shelter and protection are safeguarded against ‘intentional’ damage, destruction and obstruction and must not be disturbed whilst occupying those places.
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- The Act restructured the designation process of areas of special nature conservation interest, termed Sites of Special Scientific Interest (SSSI). These are areas of countryside that have a high wildlife, geological or archaeological value, and legal restrictions are placed on agricultural, forestry or development activities that may damage such a site.
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- There have been subsequent amendments to the Act and to the lists of species on the Schedules. There is a statutory five-year review of Schedules 5 and 8 undertaken by the SNCOs coordinated through JNCC.
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- Since 1994, the wildlife conservation provisions of the Wildlife and Countryside Act 1981 have to be read alongside the Habitats Regulations 1994. Both the Act and the Regulations are in force and the protection given is a combination of the two.
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- The Act is not online but can be purchased from http://www.hmso.gov.uk. Some of the amendments and variations of the Schedules are also on this site: http://www.legislation.hmso.gov.uk/acts/acts1991/Ukpga_19910039_en_1.htm http://www.hmso.gov.uk/si/si1998/19980878.htm
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UN Conference on Environment and Development Summit 1992
- Held in Rio de Janeiro it is also known as the Earth Summit and the Convention on Biological Diversity, or CBD for short
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- In 1992, 150 governments signed the UN Convention on Biological Diversity that requires each contracting party ‘to develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity, or to adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned.’
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- The UK devised the UK Biodiversity Action Plan process to meet the requirements set out by this Convention.
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- The Summit also agreed Agenda 21, which outlines key policies for achieving sustainable development. Read more about Agenda 21 at http://www.un.org/esa/sustdev/documents/agenda21/index.htm
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- The following web pages have details of the 1992 and 2002 Summits http://www.un.org/geninfo/bp/enviro.html
http://www.earthsummit2002.org
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Council Directive on the Conservation of Natural and Semi-Natural Habitats and of Wild Fauna and Flora (92/43/EEC)
- Also known as the Habitats Directive 1992
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- The aims of the Directive are to maintain or restore wildlife species and their habitats at a favourable conservation status. Each Member State is required to identify sites of European biological importance termed Special Areas of Conservation (SAC) and to put in place a special management plan to protect them, combining long-term preservation with economic and social activities, as part of a sustainable development strategy.
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- The Directive consists of 24 Articles outlining the measures required by each Member State to address the ‘
Conservation of Natural Habitats and Habitats of Species’, the ‘Protection of Species’ and the promotion of scientific research work and the exchange of information between Members.
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- It is the responsibility of each member state to implement the Directive through its domestic legislation. In the UK this is done through the Habitats Regulations 1994
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- There are six Annexes to the Directive. Annexes I and II lists 169 habitat types (76 believed to occur in UK, 22 of which are considered priority habitat types) and 623 species of plants and animals (51 recorded in UK in recent times, although four are now extinct) that require protection:
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- Annex I natural habitat types of community interest whose conservation requires the designation of special areas of conservation
- Annex II animal and plant species of community interest whose conservation requires the designation of special areas of conservation
- Annex III criteria for selecting sites eligible for identification as sites of community importance and designation as special areas of conservation
- Annex IV animal and plant species of community interest
in need of strict protection
- Annex V animal and plant species of community interest whose taking in the wild and exploitation may be subject to management measures
- Annex VI prohibited methods and means of capture and killing and modes of transport
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- The Directive established the Natura 2000 network, which is comprised of all European SACs and Special Protection Areas (SPAs, designated in accordance to the Birds Directive) designated by the member states.
Natura 2000 network forms the cornerstone of EU nature protection policy, comprising more than 15 000 sites that cover over 15 % of EU territory.
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- The full text is available online http://europa.eu.int/
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Conservation (Natural Habitats & c.) Regulations 1994. Statutory Instrument 1994 No.2716
- Also known as the Habitats Regulations 1994 and Conservation Regulations
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- The Regulations are the means by which the Habitats Directive 1992 is implemented in Great Britain. They provide measures to implement Special Protection Area (SPA) and Special Area of Conservation (SAC) designation. There are specific provisions for strictly protected European species listed on Annex IV and provisions to ensure sustainable use of certain species listed on Annex V of the Directive.
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- There are five Parts to the Regulations. Part III relates to the Protection of Species and contains Regulations 38 through to 46.
- Regulations 38-41 relate to protection of animals
- Regulations 42-43 relate to the protection of plants
- Regulations 44-46 give provisions for licences
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- The content of Regulation 39 is similar to Section 9 of the Wildlife & Countryside Act with some subtle differences in the wording. The Regulations use the term ‘deliberately’ rather than ‘intentionally’. This subtle difference in wording may have a significant bearing on some cases when looking at the intent behind an action and consequently whether it is an offence. Also, the act of destruction or damage, whether deliberate or not, is made an offence. Under the Wildlife & Countryside Act, disturbance is only an offence if the animals are occupying the disturbed place for ‘shelter’ or ‘protection’ but the Habitat Regulations do not specify the places in which disturbance is prohibited.
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- There are three of a total of four Schedules in the Habitat Regulations that relate to Part III:
- Schedule 2 European protected species
- Schedule 3 Animals which may not be taken or killed in certain ways
- Schedule 4 European protected species of plants
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- All species of animals listed on Annex IV to the Habitats Directive whose natural range includes any area in Great Britain are listed in Schedule 2 to the Regulations, and are termed European Protected Species.
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- Since 1994, the Wildlife and Countryside Act 1981 has to be read alongside the Habitats Regulations 1994. Both the Act and the Regulations are in force and the protection given is a combination of the two. The function of the further Regulations was to ensure that the UK fully complied with the requirements of the Habitats Directive. Therefore, the further provisions of the Regulations relate only to the species listed in the Annexes to the Habitats Directive, listed in Schedules 2,3 and 4 of the Regulations.
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- The full text is available online http://www.hmso.gov.uk/si/si1994/Uksi_19942716_en_1.htm
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Biodiversity Action Plan
- Shortened to BAP. These consist of both Species Action Plans (SAP) and Habitat Action Plans (HAP)
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- The UK BAPs were prepared in response to the Earth Summit in Rio 1992.
The UK was one of the first countries to produce a strategy, building on our world renowned experience of natural history, conservation and scientific understanding. Although nonstatutory, the process has been developed as government policy.
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- Action Plans set out ambitious goals, principles and objectives for conserving UK biodiversity.
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- It is a partnership approach to species and habitat recovery with implementation supported by a mixture of state and private funding through government policy, partnerships of government departments, local authorities, NGOs and commercial organisations developed in the UK
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- There are currently action plans published for 391 priority species and 45 habitats.
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- All Action Plans and information on current status of projects, research, news and publications can be found at http://www.ukbap.org.uk
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Countryside and Rights of Way Act 2000
- Also shortened to CRoW Act 2000
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- This Act applies only to England and Wales. It creates a new statutory right of access and modernises the rights of way system as well as giving greater protection to Sites of Special Scientific Interest (SSSI), providing better management arrangements for Areas of Outstanding Natural Beauty, and strengthening wildlife law enforcement.
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- The CRoW Act strengthens existing legislation by making amendments to the Wildlife & Countryside Act. One amendment is the introduction of ‘reckless’ offences to cover reckless damage and disturbance to Schedule 1 birds and Schedule 5 animals.
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- The CRoW Act also amends the Police and Criminal Evidence Act (PACE) 1984 by making some of the offences under Part I of the 1981 Act ‘arrestable’.
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- Government departments and Local Authorities are now required to have regard for biodiversity in carrying out their functions, taking positive steps to further the conservation of listed species and habitats.
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- The protection of SSSIs is strengthened giving greater power to English Nature to enter into management agreements, to refuse consent for damaging operations, and to take action where damage is being caused through neglect or inappropriate management.
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- New powers are granted for DETR Wildlife Inspectors. They can now demand tissue samples from captive specimens, to ascertain ancestry for example. The CRoW Act introduces the possibility of fines of up to Level 5 (£5,000) and/or a custodial sentence of up to six months for almost all Part I offences. It is an offence to obstruct an inspector when exercising these powers, or to fail to assist without reasonable cause – a penalty of up to Level 5 could be imposed by the Courts.
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- The full text is available online http://www.legislation.hmso.gov.uk/acts/acts2000/20000037.htm with explanatory notes at http://www.hmso.gov.uk/acts/en/2000en37.htm.
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Reference should always be made to the full text of the relevant legislation if more detailed information or citations are required
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