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Appendix A - Legislation

UK Legislation

Wildlife and Countryside Act, 1981 (amended 1991)

This refers to the treatment and management of protected species listed as Schedule 1 (birds), 5 (mammals, reptiles, fish and invertebrates) and 8 (plants). The most relevant legislation is under Section 9. It is an offence intentionally to kill, injure, or take a scheduled species that is living wild at the time; to possess a scheduled species; to damage, destroy or obstruct access to the place of refuge used by the protected species.

Planning Policy Guidelines

The Planning and Policy Guidelines (October 1994, Nature Conservation, DoE, PPG 9) make the presence of a protected species a material consideration when a local planning authority is considering a development proposal, which if carried out, would be likely to result in harm to the species or its habitat.

Conservation (Natural Habitats, etc.) Regulations, 1994

These Regulations enact the European Union's (EU) Habitats Directive (92/43/EEC) in the UK. The Habitats Directive was designed to contribute to the maintenance of biodiversity within the European member states by the conservation of sites containing habitats and species selected as being of EC importance. These sites will make up the Natura 2000 network. Member states are required to take measures to maintain or restore these natural and semi-natural habitats and wild species at a favourable conservation status. The Conservation (Natural Habitats, etc.) Regulations impose restrictions on planning permissions likely to affect Special Protection Areas (SPA) or Special Areas of Conservation (SAC). The Regulations also require the effects of existing authorisations and consents to be reviewed.

Countryside and Rights of Way (CROW) Act for England and Wales, 2000

The CROW Act amends the law relating to nature conservation and protection of wildlife, and makes a number of changes to the provisions of the Wildlife and Countryside Act to afford greater protection to SSSIs. It also makes new provision for public access to the countryside - the right to roam - in England and Wales. The CROW Act places a statutory duty on Government Departments and the National Assembly of Wales to have regard to biodiversity conservation and to promote conservation action by others. Section 74 of the Act requires the preparation and maintenance of lists of priority species and habitats. It also places a statutory duty on public bodies to conserve SSSIs and enhance their value, and provides English Nature and Countryside Council for Wales with the power to impose Management Schemes on owners of SSSIs. The CROW Act also strengthens the legal protection for threatened species with regard to killing, injuring, disturbing or destroying places used for shelter and protection.

International Legislation

The most important piece of legislation with regard to biodiversity is the Convention on Biological Diversity, an International Agreement that came out of the Earth Summit at Rio de Janeiro in 1992. To date the Convention on Biological Diversity has been ratified by 179 countries and the EEC. It was signed by the UK on 3rd June 1994. Signatories are required to develop national strategies for the conservation and sustainable use of biological diversity, and to integrate biodiversity considerations into all activities. In addition to the Convention, the UK is party to many other international biodiversity initiatives and frameworks, some of which have already been enacted in UK law.

European Union Directives

The Council Directives 79/409/EEC (April 1979) on the Conservation of Wild Birds and 92/43/EEC (May 1992) on the Conservation of Habitats and of Wild Fauna and Flora aim to maintain, or restore to favourable conservation status, species listed according to their conservation concern in a series of annexes.

Article 11 requires that incidental capture, killing or damage to species listed in Annex IV is monitored to ensure no negative impact, and that a system of strict protection for such species is established within their natural range, including prevention of deterioration or destruction of breeding sites. Article 14 requires that any taking or exploitation of species listed in Annex V is incompatible with maintenance of a favourable conservation status.

The Natura 2000 network emerges from these EU Directives (Article 3 of the Habitats Directive) and provides a network of protected sites comprising Special Protection Areas (SPAs), detailed for birds, and Special Areas of Conservation (SACs), detailed for habitat types and animal or plant species. It includes obligations to maintain and restore, and involves a strategy of 'integrating damage to biodiversity into liability mechanisms'. These Directives are implemented in the UK by the Conservation (Natural Habitats etc) Regulations 1994.

Bern Convention on the Conservation of European Wildlife and Natural Habitats, 1979

The Bern Convention aims to conserve wild flora and fauna and their habitats, promote co-operation between countries, and emphasises endangered and vulnerable species listed in a series of appendices. Article 2 requires parties to maintain or promote populations to levels that correspond with ecological, scientific and cultural requirements. Article 6 prohibits deliberate capture, keeping, killing or disturbance of Appendix II species, trade in dead or live Appendix II animals or their derivatives, deliberate damage or destruction of breeding or resting sites of Appendix II species, with the exception of 'incidental' damage caused by the owner or occupier.

Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat

This requires signatories to designate and protect wetlands of international importance, to promote wetlands generally and to foster the wise use of wetlands.

Bonn Convention on the Conservation of Migratory Species of Wild Animals

This requires the protection of listed endangered migratory species, and encourages separate international agreements covering these and other threatened species.

Convention on International Trade in Endangered Species (CITES)

This prohibits or regulates international trade in species that are threatened with extinction, or likely to become so, and are subject to significant trade.