Part I
BACKGROUND
1. INTRODUCTION
1.1 English Nature is the statutory body
that champions the conservation and enhancement of the wildlife
and geological features of England. We work for wildlife in partnership
with others, by:
— advising—Government, other
agencies, local authorities, interest groups, businesses, communities
and individuals on nature conservation in England;
— regulating—activities affecting
the special nature conservation sites in England;
— enabling—others to manage land
for nature conservation, through grants, projects and information;
and
— enthusing—and advocating nature
conservation for all and biodiversity as a key test of sustainable
development.
1.2 We have statutory responsibilities for
Sites of Special Scientific Interest (SSSIs), a subset of which
are managed as National Nature Reserves.
There are 4,111 SSSIs in England, covering over
1,076,704 hectares, or about 7.6% of England. The sites range
from small areas that protect populations of a single species,
to large expanses of moorland or mudflat. SSSIs play a key role
in achieving the nation's biodiversity goals, they contribute
to peoples' quality of life and they bring benefits to the rural
economy. The condition of SSSIs is a key measure of the Government's
commitment to reducing the rate of biodiversity loss by 2010.
The Government has set a Public Service Agreement target that
95% of SSSI land area should be in "favourable" condition
by 2010. Legislative powers to protect and manage SSSIs will help
to achieve this target.
1.3 This evidence focuses upon English Nature's
role as a prosecuting authority in relation to SSSIs under Part
II of the Wildlife & Countryside Act 1981 as substituted by
Schedule 9 to the Countryside & Rights of Way Act 2000 and
its advisory role in relation to enforcement and prosecutions
of protected species under Part I of the Wildlife & Countryside
Act 1981 (as amended).
2. ENGLISH NATURE'S
ENFORCEMENT AND
REGULATORY DUTIES
2.1 Species: duties and role
2.1.1 English Nature has a statutory duty
to issue licences under the Wildlife and Countryside Act 1981,
The Habitat Regulations 1994, The Deer Act 1991 and the Protection
of Badgers Act 1992. We issue over 3,000 (3,011 in year 2003-04)
English Nature licences a year. The bulk of these licences enable
scientific and conservation work on protected species. This is
one of the major service delivery areas of English Nature. It
should be noted that we issue 97% of licence applications within
15 working days.
2.1.2 In addition, English Nature has a
duty to advise the Department for Environment, Food and Rural
Affairs (Defra) on policy development and the nature conservation
implications of their licences (approximately 900 European Protected
Species consultations are dealt with per year).
2.1.3 We also have a lead role on species
legislation issues and provide advice on licensing policy and
species legislation to English Nature staff and a wide range of
external customers.
2.2 SSSI: legislation
2.2.1 Section 28 of Part II of the Wildlife
and Countryside Act 1981 as substituted by Schedule 9 to the Countryside
and Rights of Way Act 2000 ("the Wildlife and Countryside
Act") gives English Nature duties, powers and responsibilities
in respect of SSSIs to make sure they are protected and managed
effectively now and in the future.
2.2.2 Section 28(1) and sections 28 A to
D concern the notification of land as a SSSI, the variation of
the details of the notification, the notification of additional
land of similar interest, enlargement of a site to include other
special interest features and the denotification of a site where
it is no longer of special interest. These processes provide for
objections and representations to be made which English Nature
considers before confirming with or without amendment or withdrawing
the notification.
2.2.3 The notification of land as a SSSI
has a number of legal consequences. Firstly under section 28E,
the owner or occupier of land included in a SSSI may not carry
out, cause or permit to be carried out on that land, any operation
specified in the notification as being likely to damage the special
interest features of the SSSI, unless English Nature has been
given notice of a proposal to carry it out (specifying its nature
and the land on which it is proposed to be carried out) and the
operation is carried out either in accordance with the terms of
a management agreement, management scheme or management notice
with English Nature or with English Nature's written consent.
English Nature's decision in relation to such consents may be
the subject of an appeal to the Secretary of State. An owner or
occupier of a SSSI who contravenes these requirements without
a reasonable excuse is guilty of a criminal offence under section
28P. Such a reasonable excuse may exist if the operation carried
out is an emergency operation, if it was authorised by certain
planning permission or if it was permitted by certain public bodies
in other circumstances; this is not an exhaustive list.
2.2.4 Under section 28G, public bodies are
required to take reasonable steps in the exercise of their own
functions, to further the conservation and enhancement of the
SSSI, where those functions affect SSSIs. Such public bodies are
also required to follow a specific procedure which requires them
to take account of English Nature's advice if they propose to
carry out, or to give their consent for, any operations that are
likely to effect the SSSI. Failure to comply with certain obligations
is a criminal offence.
2.2.5 English Nature may also enter into
a voluntary agreement with owners and occupiers of any land within
a SSSI for the purposes of conserving or restoring the special
interest features for which the site was notified. Should voluntary
management not be forthcoming we can then, after offering a management
agreement and formal consultation, serve a management scheme under
section 28J for all or part of the SSSI. We will consider any
objections and representations made and within nine months from
serving the scheme, confirm it with or without amendment.
2.2.6 If it appears to English Nature that
the management scheme is not being adhered to, then we may serve
a management notice under section 28K. The effect of the management
notice will be to require the owner(s) or occupier(s) to carry
out the work on the land in accordance with the management scheme.
Anyone served with a management notice has a right of appeal to
the Secretary of State. Failure to comply with any requirement
of the management notice without a reasonable excuse is a criminal
offence and also entitles English Nature to enter the land and
carry out the works required and recover any expenses reasonably
incurred.
2.2.7 Under section 28N, English Nature
may also acquire all or any part of a SSSI compulsorily if we
are satisfied that we are unable to conclude an agreement as the
management of the land on reasonable terms or if the agreement
is breached in such a way that the land is not being managed satisfactorily.
If English Nature acquires land by compulsory order, compensation
will be paid in accordance with land compensation and compulsory
purchase legislation.
2.2.8 Section 28P provides for a range of
offences (amongst those mentioned above) and given at Annex 1.
Under section 28Q an owner or occupier of a SSSI must inform us
of a change of ownership or occupation within a SSSI; again failure
to comply is an offence. Section 28R has been extended to provide
us with byelaw making powers on SSSIs.
2.2.9 We also have powers of entry to land
within SSSIs in specific circumstances under section 51 of the
Wildlife and Countryside Act.
2.3 SSSI: enforcement role and approach
2.3.1 We are the prosecuting authority for
section 28 of the legislation and can take appropriate enforcement
action when the law is broken and when SSSIs are damaged, disturbed
or destroyed. We consider that we are a firm but fair regulator
in relation to our public enforcement role. There are general
enforcement principles that apply to the way in which we approach
every case and how we decide what enforcement action to take.
We aim to use a range of enforcement options appropriately, effectively
and quickly to deal with these criminal offences.
2.3.2 The police lead on enforcement of
any offences in contravention of Part I of the Wildlife &
Countryside Act 1981 (as amended). English Nature has an advisory
role in relation to the investigation and prosecution of these
species offences.
2.3.3 We work with over 32,000 separate
owners and occupiers, the majority of whom work hard to conserve
SSSIs. We recognise that the best way of managing and protecting
SSSIs is to build and maintain good relationships with owners
and occupiers and public organisations. In doing this, we aim
to create an understanding of their responsibilities, which we
hope will reduce the damage and disturbance caused to SSSIs and
the need to take enforcement action.
2.3.4 However, we will not hesitate to use
our enforcement powers to protect and restore the special interest
features of SSSIs; in a small number of cases this results in
a prosecution. It is worth noting that some of the enforcement
action that we take is in response to activities which are carried
out by those who neither own nor occupy land within a SSSI.
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