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National and European legislation, along with Government planning policy, drives much of the demand for ecological consultancy and in relation to planning applications, can be confusing and frustrating. A brief summary of some relevant policy and legislation relating to biodiversity can be found below. This is for informational purposes only, for specialist advice contact us.
Legislation:
The Wildlife and Countryside Act is one of the most important pieces of wildlife legislation in Great Britain. The Act makes it an offence (subject to exceptions) to intentionally kill, injure, or take any wild bird or their eggs or nests. It also makes it an offence (subject to exceptions) to intentionally kill, injure, or take, possess, or trade in certain wild animals and prohibits interference with places used for shelter or protection, or intentionally disturbing animals occupying such places. Since the passing of the Act, various amendments have been made, most significantly through the Countryside and Rights of Way (CRoW) Act 2000.
The Habitat Regulations transpose the European Community Habitats Directive (on the conservation of natural habitats and of wild fauna and flora) into national law. The Regulations provide for the designation and protection of 'European Sites' and the protection of 'European Protected Species'. The Regulations make it an offence (subject to exceptions) to pick, collect, cut, uproot, destroy, or trade in certain plants, or deliberately capture, injure, kill, disturb, or trade in certain animals. It is also an offence to damage or destroy a breeding or resting place of such animals. It is also an offence to possess or control, any live or dead European Protected Species. However, these actions can be made lawful through the granting of licences by the appropriate authorities.
Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 states that "Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity". Section 41 of the NERC Act places a duty on the Secretary of State to publish, review and revise lists of living organisms and types of habitat in England that are of Principal Importance for the purpose of conserving English biodiversity. It also requires the Secretary of State to take, and promote the taking of steps to further the conservation of the listed organisms and habitats.
For advice on Wildlife Legislation and how the law might affect your project or site, contact us.
Policy:
The goal of the UK Biodiversity Action Plan (UK BAP) is to conserve and enhance biodiversity within the UK in line with international commitments. An updated list of priority species and habitats was published in 2007, which is the result of the most comprehensive analysis by experts ever undertaken in the UK and contains 1149 species and 65 habitats. The list has increased in numbers since the original BAP list was compiled ten years ago because the review involved a more rigorous analysis of a wider range of species and habitats. Some species that are perceived as common and widespread are newly included because they are in decline or under threat.
Planning Policy Statement 9 (PPS9): Biodiversity and Geological Conservation sets out planning policies on protection of biodiversity and geological conservation through the planning system. Local Planning Authorities (LPA) should refuse permission where harm to protected or notable species or their habitat would result unless the need for, and benefits of, the development clearly outweigh that harm. The presence of a protected species is therefore a material consideration when a LPA is considering a development proposal that, if carried out, would be likely to result in harm to the species. In addition PPS9 requires that development should have minimal impact on biodiversity, maximise opportunities for building in beneficial biodiversity or geological features as part of good design and enhance where possible UK Biodiversity Action Plan priority habitats.
For advice on Policy and how this might affect your project or site, contact us.
Licensing:
General Licences under the Wildlife & Countryside Act 1981 are issued to allow certain actions to be carried out in relation to British wildlife that would otherwise be illegal under the legislation. Until recently (January 2008) all Wildlife & Countryside Act General Licences were issued by Defra, but this has now changed and they will in the future be issued by Natural England.
European Protected Species are animals and plants that receive legal protection under the Habitat Regulations. The Regulations were amended in 2007 and 2009 in order for the species protection provisions to be compatible with the strict species protection regime required by the EC Habitats Directive. It is now an offence to:
- Deliberately capture, injure or kill any wild animal of a European Protected Species;
- Deliberately disturb wild animals of any such species. Disturbance of animals includes in particular any disturbance which is likely to:
- impair their ability -
- to survive, to breed or reproduce, or to rear or nurture their young; or
- in the case of animals of a hibernating or migratory species, to hibernate or migrate; or
- to affect significantly the local distribution or abundance of the species to which they belong;
- Deliberately take or destroy the eggs of such an animal; or
- Deliberately damage or destroy a breeding site or resting place of such an animal.
It should be noted that the existing offences under the Wildlife and Countryside Act 1981 which cover obstruction of places used for shelter or protection, disturbance and sale still apply to European Protected Species.
Although the law provides strict protection to these species of wildlife it also allows this protection to be set aside (derogation) through the issuing of European Protected Species licences. GreenLink Ecology Ltd has substantial experience of successfully applying for licences along with designing and implementing mitigation schemes.
For advice on Licensing and the likelihood of a project requiring a licence, contact us.
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