Supplementary memorandum from the Countryside
Council for Wales
I agreed to provide the Chairman with a memorandum
in relation to the point raised in our evidence regarding common
interpretation of the legislation between ourselves and English
Nature and Scottish Natural Heritage (4.5 and 4.8 of our evidence
document and Q175 in the uncorrected evidence).
The Countryside Council for Wales acknowledges
that in some instances, there is no common approach taken by the
Statutory Nature Conservation Organisations (SNCO) in their interpretation
and implementation of wildlife legislation. This creates not only
problems for staff but gives an inappropriate message to members
of the public. This problem is most evident in the licensing and
species enforcement remits of the SNCO's. For instance CCW issues
licences for the purposes of conservation to permit habitat management
of terrestrial areas surrounding ponds known to be used by great
crested newts, as newts would also use these areas for foraging.
English Nature does not issue such licences but instead relies
on the defence in the legislation that makes an action not an
offence if it was the incidental part of a lawful operation, which
could not reasonably have been avoided.
Whereas there must be scope for individual organisational
policy and procedure, CCW is keen to ensure that the legislation,
by which the SNCO's have a statutory remit to implement, is interpreted
and applied consistently throughout the UK.
CCW therefore recommend that the Joint Nature
Conservation Committee*, undertake to seek advice and offer guidance
to the SNCO's on how to apply legislation correctly.
I trust this additional information is of interest
to the Committee. Please do not hesitate to contact me if you
require any further information.
June 2004
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