ENVIRONMENTAL CODE OF PRACTICE
Conservation Legislation
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act 1981 is the main piece of
legislation relating to nature conservation and consolidates and
amends existing national legislation to implement the Convention on
the Conservation of European Wildlife and Natural Habitats (Bern
Convention) and Council Directive 79/409/EEC on the Conservation of
Wild Birds (Birds Directive) in Great Britain. It is complemented
by the Wildlife and Countryside (Service of Notices) Act 1985,
which relates to notices served under the 1981 Act, and the
Conservation (Natural Habitats, &c.) Regulations 1994, which
implement Council Directive 92/43/EEC on the conservation of
natural habitats and of wild fauna and flora (EC Habitats
Directive). Amendments to the original Act have occurred, the most
recent being the Countryside and Rights of Way (CRoW) Act 2000
(England and Wales only).
The Act provides for the notification of Sites of Special
Scientific Interest (SSSI) – areas of special scientific interest
by reason of their flora, fauna, or geological or physiographical
features – by the conservation agencies. The four main parts of the
regulations cover:
• Part I is concerned with the protection of wildlife
• Part II relates to the countryside and national parks (and
the designation of protected areas)
• Part III covers public rights of way
• Part IV deals with miscellaneous provisions of the Act
Countryside and Rights of Way Act 2000 (CRoW)
CRoW applies to England and Wales only and introduced duties on
the conservation agencies to conserve and enhance SSSIs. It
provides for public access on foot to certain types of land,
including mountain, moor, heath, down, and registered common land,
and contains provisions for extending this right to coastal land.
The Act amends the law relating to public rights of way, increases
protection for Sites of Special Scientific Interest (SSSI),
strengthens wildlife enforcement legislation, and provides for
better management of Areas of Outstanding Natural Beauty
(AONB).
Nature Conservation (Scotland) Bill
In Scotland, the Nature Conservation (Scotland) Bill similarly
to the CRoW Act, encourages increased measures to tackle wildlife
crime, enhanced site protection and an increased emphasis on
biodiversity and is administered by Scottish Natural Heritage.
Habitats and Birds Directive: The Habitats Regulations
Council Directive 92/43/EEC on the Conservation of Natural
Habitats and of Wild Fauna and Flora & Council Directive
79/409/EEC on the conservation of Wild Birds have been transposed
into national laws by means of the Conservation (Natural Habitats,
& c.) Regulations 1994 (as amended), and the Conservation
(Natural Habitats, & c.) Regulations (Northern Ireland) 1995.
These are commonly known as the Habitats Regulations. The
provisions of the Birds Directive are implemented through the
Wildlife & Countryside Act 1981, the Wildlife (Northern
Ireland) Order 1985, and the Nature Conservation and Amenity Lands
(Northern Ireland) Order 1985.
The European Habitats Directive is intended to promote the
maintenance of a wide variety of nature conservation interests,
taking account of economic, social, cultural requirements and
regional and local characteristics. The Habitats Directive, along
with its sister Directive; the Birds Directive, require European
Member States to act together to conserve rare or threatened
species and habitat types which are considered to be important to
Europe as a whole. To achieve this goal member states have
identified a network of sites, which have been designated as
Special Areas of Conservation under the Habitats & Species
Directive, to complement the Special Protection Areas notified
under the Birds Directive. The combined suite of designated sites
are known jointly as Natura 2000 sites.
Member States must take appropriate steps to avoid the
deterioration of the habitats or significant disturbance of species
for which the sites are designated. This means that for areas
considered to have nature conservation interests of European
importance, the maintenance of these interests – or ‘biodiversity’
– must be given the highest priority when applications for
development are received. The Directive charts a path, which places
the conservation interest of the site at its heart. Social and
economic interests cannot be taken into account at the site
designation stage, but are taken into account as the impact of a
proposal is evaluated. The overall objective is to ensure that when
development and other activities are permitted, the overall
coherence of the Natura 2000 series is not compromised.
In the case of new developments, proposals are subjected to a
series of tests to establish whether there will be a detrimental
impact on the nature conservation interest. These tests seek to
ensure that the developer of a project or plan has made all
necessary provisions to avoid or mitigate potential impacts and has
properly evaluated those residual impacts that cannot be offset
without habitat recreation measures. In the case of projects that
are considered to have a significant adverse affect on the
coherence of the Natura 2000 series, consent may only be granted on
grounds of over-riding public interest and would be accompanied by
conditions requiring those necessary compensatory measures.
Member Companies should also be aware of the Management Scheme
process that has been established for many Natura 2000 sites. These
schemes are in the process of development by a group comprising
those authorities that have a responsibility for particular
activities affecting the site (the Relevant Authorities). In most
management schemes, there is a further group the advisory group,
which provides a forum for stakeholders to provide input to the
development of management proposals. Local interest groups across a
wide variety of sectors are represented, and there is an obvious
opportunity for the marine recreation sector to actively
participate and influence proposals.
Members should know whether their premises are located within or
close to a SSSI or other protected site and contact their local
Natural England/Countryside Council for Wales or Scottish Natural
Heritage office for further information.