Environmental Law

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Who makes UK environmental laws?

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European parliament (Strasbourg and Brussels) produce legislation that must be acted on by member states

UK government (palace of Westminster). Produces primary legislation for England and Wales

National assembly for WAles (Senedd, Cardiff Bay). Has devolved powers in some areas, such as health, education, planning and some conservation related activities.

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Regulations

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These are directly applicable in all member states and are binding

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Directives

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These are binding on member stats but they decide how they should be implemented in order to achieve the required aim then legislate to bring that about

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Decisions

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These are binding on whom they are directed to and can include companies as well as member states

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National parks and Access to the Countryside Act 1949

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Gave powers to the Nature Conservancy Council to designate Site of Special Scientific interest (SSSIs) and National Nature Reserves (NNRs)

Also for local authorities to designate Local Nature Reserves (LNRs)

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The Ramsar Convention (1971)

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For Wetlands of International Importance especially Waterfowl habitat

Ratified by the UK in 1976

Seeks to promote conservation and wise use of wetlands, particularly those which support internationally significant numbers of water birds.

Involves the designation of Ramsar sites. E.g. The Severn Estuary.

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Convention on the Conservation of European Wildlife and Natural Habitats 1979 (The Bern Convention)

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Adopted in Bern Switzerland in 1979. Signed by a broad coalition of European countries and not just member states.

Principal aims: Ensure conservation and protection of wild plant and animal species and their natural habitats (Listed in appendices I and II of the convention.

To increase cooperation between contracting parties

To regulate the exploitation of those species (including migratory species) listed in appendix 3.

Implemented by the European Union through the Birds Directive (1979) and the Habitats Directive (1992)

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The Birds Directive (1979)

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The European Community Council Directive on the Conservation of Wild Birds (79/409/EEC) was the first piece of EU legislation on conservation.

Sets out all the general rules for the conservation of all naturally occurring wild birds, their nests, eggs and habitats.

Requires member states to designate Special Protection Areas (SPAs) for the protection of certain species

Implemented in the UK largely through the Wildlife and Countryside Act 1981

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Wildlife and Countryside Act (1981)

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Part 1: Several species lists, known as schedules. These are subject to occasional revision, schedules 5 (animals) and 8 (plants) of the act are reviewed every 5 years. This act provides varying degrees of protection for the listed species of flora and fauna, including comprehensive protection of wild birds and their nests and eggs

Introduced the designation of Marine Nature reserves

Enabled the former Nature Conservancy Council to publicly identify SSIs and to negotiate management agreements with owners in the event that they wanted to carry out activities that might damage or destroy the 'interest' for which the site had been identified.

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Schedules of The Wildlife and Countryside Act 1981

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Schedule 1 - Birds which are protected by species penalties

Schedule 2 - Birds which may be killed or taken

Schedule 3 - Birds which may be sold.

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 (introduction of new species)

Schedule 10- Amendments of the Endangered species (Import and Export) Act 1976

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The Habitats Directive (1992)

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The European Community Council Directive on the Conservation of Natural Habitats of Wild Fauna and Flora (92/43/EEC) aims to protect the European Union's biodiversity.

Requires member states to designate Special Areas of Conservation (SACs) - sites of European importance for listed habitats and species.

SACs must be maintained at or restored to favourable conservation status, and should be protected from damaging plans or projects.

Also requires member states to provide strict protection for specified flora and fauna outside of designated sites (i.e. European Protected Species).

SACs and SPAs form a European network of sites called 'Natura 2000'

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The Habitats Directive (1992)

Habitats listed in Annex I

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Coastal lagoons

Humid dune slacks

Machairs

Hard oligo-mesotrophic waters with benthic vegetation of Chara spp.

Molina (purple moor-grass) meadows on calcareous, peaty or clayey-silt-laden soils

Active raised bogs

blanket bogs

Limestone pavements

Old sessile oak woods with Ilex (holly) and Blechnum (hard fern)

Caledonian forest

Taxus baccata (yew) woods

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Conservation (Natural habitats &c.) Regulations 1994

Habitats regulations 1994

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Formally transposes the requirements of the Habitats Directive into National Law

Build on existing nature conservation legislation for the protection of habitats and species by introducing requirements for assessing plans and projects affecting European designations and licensing certain activities affecting European Protected Species.

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Species of animals Protected by European Law via the Conservation (Natural Habitats &c.) regulations 1994

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Bats, Horseshoe (All species) - Rhinolophidae

Bats, Typical (all species) - Vespertillonidae

Butterfly, Large blue - Maculinea arion

Cat, wild

Dolphins, porpoises and Whales (all species)

Dormouse

Pool frog

Sand Lizard

Fisher's Estuarine Moth

Great crested newt

Common Otter

Lesser Whirlpool Ram's-horn snail

Smooth Snake

Stugeon

Natterjack toad

Marine Turtles

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Species of Animals Protected by European Law via the Conservation (Natural Habitats & c.) Regulations 1994

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Under regulation 39 if the habitats Regulations, subject to certain defenses or in the absence of a licence (regulations 40 and 44), it is unlawful to:

Deliberately kill

Deliberately capture

Deliberately disturb

Deliberately take or destroy the eggs of

A wild animal of a European protected species or even to:

Damage or destroy a breeding site or resting place of a wild animal of a European protected species.

These offences apply to all stages of the life of the animal.

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The Convention on Biological Diversity (1992)

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In 1992 the largest ever meeting of World leaders took place at the UN Earth Summit in Rio de Janeiro

Purpose of the conference was to address the problems of environmental degredation and discuss a way forward for sustainable development in the 21st century.

150 countries inc. the UK singed the convention - a key agreement with the goal, amongst others, to conserve biodiversity.

Requires countries to produce national action plans for the conservation of biodiversity

Implemented in the UK in 1994 in the UK Biodiversity Action Plan

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UK Biodiversity Action Plan

(Not legislation!)

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Combines new and existing conservation initiatives with an emphasis on a partnership approach.

Contains 59 objectives for conserving and enhancing species and habitats as well as promoting public awareness and contributing to international conservation efforts.

391 Species Action Plans (SAPs) and 45 Habitat Action Plans (Haps) were published for the UKs most threatened species (i.e. "Priority") species and habitats.

Plans describe the status of each habitat and species, outline the threats they face, set targets and objectives for their management, and propose actions necessary to achieve recovery.

The BAP process works on many different levels: Nationally (UK-Wide), Regionally (E.g. Wales), And locally (e.g. Cardiff)/ The actions of the larger scale plans are cascaded down and applied where relevant at a local level .

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Town and County Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

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These regulations implementing a European directive require an environmental Impact Assessment to be carried out, before planning permission is granted.

Schedule 1 projects: Major industr and transport infrastructure developments e.g. waste disposal facilities, major road schemes, power plants etc.

Schedule 2 projects - Urban and smaller scale industry developments. Whether and EIA is required will depend on the scale of project, proximity to urban areas and environmental sensitivity of proposed site. Normally the local Planning Authority decides if one is needed

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Environmental impact assessment (EIA)

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Broad

Includes an assessment of the possible positive or negative impacts that a proposed project may have in the environment, including the ecological, social and economic aspects.

May include effects on wildlife, pollution and effects on water catchment, visual impacts of the development, effect on local traffic and schools, availability of public open space etc.

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Ecological Impact Assessment (EcIA)

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Part of the broader EIA

Assesses the impact of the proposed development on habitats and species, particularly those protected by national and international legislation or considered to be of particular nature conservation importance.

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Countryside and Rights of Way Act 2000

(CRoW Act 2000)

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Strengthens the protection given to SSIs.

Revises procedure of the notification of SSSis and for the consenting of operations which may damage the special interest of a SSSI

Local authorities have a new duty to take steps, consistent with the proper exercise of their functions to further the conservation and enhancement of SSSIs

Also strengthens the existing provisions of the Wildlife and Countryside Act for 1981 for the enforcement of wildlife legislation, including the new offence of "recklessly" destroying or damaging the habitats of certain protected species.

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Natural Environment and Rural Communities Act 2006 (NERC Act)

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2.1 section 40 of the NERC Act 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 40(3) also states that 'conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat'

2.2 section 41 states that the secretary of State will produce a list of living organisms and types of habitat which are of principal important for the purpose of conserving biodiversity. (Section 41 list in Scotland and England, Section 42 in Wales!)

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The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010)

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The principal means by which the habitats Directive is now enacted in England and Wales.

Updates the legislation and consolidate all the many amendments which have been made to the regulations since they were first made in 1994

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Protection of Badgers Act 1992

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Primarily concerned with animal welfare and the need to protect badgers from activities such as baiting and deliberate harm.

Makes it an offence to:
Willfully kill, injure, take, possess or cruel ill-treat a badger, or attempt to do so

To intentionally or recklessly interfere with a sett (this includes disturbing badgers whilst they are occupying a sett as well as damaging or destroying a sett or obstructing access to it.

Any authorized sett disturbance or destruction needs to be carried out under licence (e.g. Present cull)

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Wild Mammals (Protection) Act 1996

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Offers a degree of protection to individuals of all wild species of mammal. An animal welfare law rather than a nature conservation law.

All mammals are protected from deliberate acts of cruelty by this act. e.g. if someone kicks a hedgehog they can be fined up to £5,000

Some exceptions such as mercy killing, any lawful hunting, shooting or coursing or any lawful pest control.

Badgers, grey seals and wild deer have their own legislation.

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Hedgerows regulations 1997

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Aim to protect important hedgerows in the countryside

Illegal to remove most countryside hedges without first notifying the local planning authority and provide protections for 'important hedgerows'