National Law and Regulations

National Law and Regulations

International agreements and directives are implemented through domestic legislation. UK legislation is also concerned with the need to protect sites and species that best represent British wildlife and geological features. The following tables lists the most significant pieces of legislation relating to wildlife and nature conservation that apply in:

Table 3A: UK National Law and Regulations: England

Legislation

Description

National Parks and Access to the Countryside Act 1949

 

Provides for the protection of sites of importance for nature conservation and is still the primary legislation under which some local sites are designated.

Wildlife and Countryside Act 1981, as amended (WCA)

 

Provides for the further protection of sites of at least national importance for nature conservation and varying levels of protection for species in need of conservation action, or other protection, within the UK.  Protection may include prohibition of some or all of: killing, injuring, disturbing, taking, sale/barter or possession of species and also protection of breeding and sheltering places.

The Hedgerows Regulations 1997

 

Allows the identification of important hedgerows which are protected under the Regulations.  Permission to remove important hedgerows must be obtained from the local planning authority.

The Water Environment (England and Wales) Regulations 2003

(the Water Framework Directive)

Under the Water Framework Directive the Environment Agency has identified 11 river basin districts in England and Wales and has prepared a river basin management plan for each.  The plans aim to ensure that all aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands meet 'good status' by 2015.  The plans are currently being implemented, following this they will be reviewed before the 2015 target.

Natural Environment and Rural Communities Act 2006 (the NERC act)

A wide ranging Act with some biodiversity components.  Places a duty on all public authorities, including local planning authorities, to consider biodiversity in their work.  Requires government departments to have regard to the Convention on Biological Diversity.  Compels the Welsh Assembly Government to approve a list of Species and Habitats of Principal Importance for the Conservation of Biodiversity (in Wales) and to take or promote steps to further their conservation.

Countryside and Rights of Way Act 2000 (CRoW)

Amends and strengthens existing legislation. For example, some offences under the Wildlife and Countryside Act can now result in imprisonment.

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.

Regulations which require operators to take steps to prevent damage to species and habitats already protected by other legislation including the Birds and Habitats Directives, but extending the protection to include habitats and species not only within, but beyond designated areas (see page 23).  Also to prevent damage to water resources, and land contamination which presents a threat to human health.  Importantly, under these regulations competent authorities (Natural England with regard to species and habitats) may request information from operators to show compliance with the regulations and if damage occurs require the relevant operator to remedy the damage.

Marine and Coastal Access Act 2009

Creates a new marine planning system covering social and economic needs as well as nature conservation.  Among other things, the Act establishes the Marine Management Organisation and enables the designation of Marine Conservation Zones (MCZs) to protect nationally important marine wildlife, habitats, geomorphology and geology.  The Act places a duty on all public authorities to protect MCZs and enables the Marine Management Organisation to create byelaws for the specific purpose of protecting a MCZ.

Marine Strategy Regulations 2010

This instrument is to enable the UK to implement the requirements of the Marine Strategy Framework Directive.

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, as amended by the The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010

Apply the Habitats Directive and the Birds Directive to activities in marine areas where the United Kingdom has jurisdiction beyond its territorial sea - broadly from 12 nautical miles to 200 nautical miles from the United Kingdom’s coastal baseline.

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

Provide for the protection of sites in the UK that support habitats and species in need of conservation across Europe and full protection of species of European importance whether occurring within designated sites or not.  The 2010 version consolidates all the amendments to the Habitats Regulations that have been made since 1994 and also implements part of the Marine and Coastal Access Act 2009.

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Table 3B: UK National Law and Regulations: Wales

Legislation

Description

National Parks and Access to the Countryside Act 1949

Provides for the protection of sites of importance for nature conservation and is still the primary legislation under which some local sites are designated.

Wildlife and Countryside Act 1981, as amended (WCA)

Provides for the further protection of sites of at least national importance for nature conservation and varying levels of protection for species in need of conservation action, or other protection, within the UK.  Protection may include prohibition of some or all of: killing, injuring, disturbing, taking, sale/barter or possession of species and also protection of breeding and sheltering places.

The Hedgerows Regulations 1997

Allows the identification of important hedgerows which are protected under the Regulations.  Permission to remove important hedgerows must be obtained from the local planning authority.

The Water Environment (England and Wales) Regulations 2003

(the Water Framework Directive)

Under the Water Framework Directive the Environment Agency has identified 11 river basin districts in England and Wales and has prepared a river basin management plan for each.  The plans aim to ensure that all aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands meet 'good status' by 2015.  The plans are currently being implemented, following this they will be reviewed before the 2015 target.

Natural Environment and Rural Communities Act 2006 (the NERC act)

A wide ranging Act with some biodiversity components.  Places a duty on all public authorities, including local planning authorities, to consider biodiversity in their work.  Requires government departments to have regard to the Convention on Biological Diversity.  Compels the Welsh Assembly Government to approve a list of Species and Habitats of Principal Importance for the Conservation of Biodiversity (in Wales) and to take or promote steps to further their conservation.

Countryside and Rights of Way Act 2000 (CRoW)

Amends and strengthens existing legislation. For example, some offences under the Wildlife and Countryside Act can now result in imprisonment.

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.

Regulations which require operators to take steps to prevent damage to species and habitats already protected by other legislation including the Birds and Habitats Directives, but extending the protection to include habitats and species not only within, but beyond designated areas.  Also to prevent damage to water resources, and land contamination which presents a threat to human health.  Importantly, under these regulations competent authorities (CCW with regard to species and habitats) may request information from operators to show compliance with the regulations and if damage occurs require the relevant operator to remedy the damage.

Marine and Coastal Access Act 2009

Creates a new marine planning system covering social and economic needs as well as nature conservation.  Under the Act the Welsh Assembly Government is responsible for developing a marine plan (or plans) for the Welsh marine area; it may also designate Marine Conservation Zones (MCZs) to protect nationally important marine wildlife, habitats geomorphology and geology.  The Act places a duty on all public authorities to protect MCZs.

Marine Strategy Regulations 2010

This instrument is to enable the UK to implement the requirements of the Marine Strategy Framework Directive.

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, as amended by the The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010

Apply the Habitats Directive and the Birds Directive to activities in marine areas where the United Kingdom has jurisdiction beyond its territorial sea - broadly from 12 nautical miles to 200 nautical miles from the United Kingdom’s coastal baseline.

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

Provide for the protection of sites in the UK that support habitats and species in need of conservation across Europe and full protection of species of European importance whether occurring within designated sites or not.  The 2010 version consolidates all the amendments to the Habitats Regulations that have been made since 1994 and also implements part of the Marine and Coastal Access Act 2009.

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