Memorandum from English Nature
EXECUTIVE SUMMARY
(a) English Nature aims to be a firm but fair regulator
of wildlife crime in its capacity as an enforcement body for offences
(under Part II of the Wildlife and Countryside Act 1981 as substituted
by Schedule 9 to the Countryside and Rights of Way Act 2000),
relating to the protection and enhancement of Sites of Special
Scientific Interest (SSSIs). We recognise also the importance
of our advisory role in relation to wildlife crime offences (under
Part I of the Wildlife and Countryside Act 1981 (as amended) and
the Habitats Regulations) as they apply to nationally and internationally
protected species.
(b) We consider that we use our enforcement
powers appropriately and effectively dependent on the circumstances
of the offence and the impact and effect on the SSSI.
(c) The best way of protecting wildlife
sites is to build and maintain effective relationships with owners
and occupiers of SSSIs and public bodies, to create both understanding
and a climate for the delivery of their responsibilities. This
avoids the need to use enforcement powers in the majority of cases.
(d) We believe certain wildlife crime affecting
SSSIs is increasing. Reported incidents of damage by owners and
occupiers of SSSIs has increased by 74%[1]
from January 2001 to April 2004. There has also been a 168%[2]
increase in reported incidents of damage by third parties (neither
owners nor occupiers of SSSIs).
(e) In a few specific areas, wildlife crime
can threaten the conservation of both species and designated sites
and it is important that legislation is robustly prosecuted and
that courts recognise the seriousness of the offence.
(f) The legislative powers under national
and European law to manage and protect SSSIs and Natura 2000 sites[3]
are powerful but we have identified additional powers that would
enhance English Nature's ability to take enforcement action and
afford further protection to nationally and internationally important
nature conservation sites. Similarly, the legislation protecting
species is generally robust but we identify some specific improvements
that may be appropriate.
(g) We recognise that we cannot tackle some
aspects of environmental crime on our own. We must work with other
parties to tackle this through the appropriate mechanisms and
legislative provisions. We are working with the police to encourage
and inform the prioritisation of their wildlife crime enforcement
action in line with nature conservation objectives.
1 27 cases (in year 2001-02) increasing to 47 cases
(year 2003-04). Back
2
22 cases (in year 2001-02) increasing to 59 cases (year 2003-04). Back
3
Known as Special Areas of Conservation and Special Protection
Areas. Back
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