NEW POWERS TO PROTECT SSSIS
13. The Countryside and Rights of Way (CRoW) Act
2000 amended the Wildlife and Countryside Act 1981 to give EN
greater powers over the management of SSSIs. Now, if the site
is neglected or poorly managed, EN can pursue more formal legal
action and impose a management scheme or, as a last resort, compulsory
purchase. EN told us that it has initiated proceedings on four
management schemes but that it has not yet been necessary to serve
any of them, because voluntary agreements have been reached.[14]
14. EN appears to take a 'light touch' approach to
the use of the new powers given to it under the 2000 Act. It considers
them to be "a vital tool in securing positive management
of sites. [They serve] as a catalyst for voluntary agreement,
but would also remedy those few cases where agreement cannot be
reached".[15] The
Royal Society for the Protection of Birds (RSPB) believes that
greater use should be made of EN's new powers if the target is
to be met.[16] In particular,
the RSPB believes "there is a strong case for initiating
management schemes for complex sites with multiple ownership"
and does not take the view that management schemes should be seen
as "a negative, draconian or last resort step".[17]
We endorse English Nature's
balanced approach to its new powers to protect SSSIs, as long
as it continues to deliver results. It should not be afraid to
use its powers where necessary, but a voluntary management regime
agreed with landowners is clearly preferable.
The
role of other public bodies
15. Section 28G of the Wildlife and Countryside Act
places a duty on public bodies and certain private companies,
including privatised utilities, to take reasonable steps, consistent
with the proper exercise of their functions, to further the conservation
and enhancement of the features for which an SSSI has been notified.
Such bodies are referred to as 'Section 28G bodies'.
16. Some bodies, such as the water and sewerage companies,
are well aware of their new responsibilities towards SSSIs. For
others, such as local authorities, awareness was much patchier.
The Association of Local Government Ecologists said "many
[local] authorities are not even aware of the duty let alone the
PSA target".[18]
We recommend that Defra and
English Nature write to all Section 28G bodies reminding them
of their responsibilities towards SSSIs, and including information
about sites in their ownership, what steps they should take to
ensure that the sites are in favourable condition and what sources
of advice and financial assistance are available. The letter should
also emphasise the need for urgent action, given the timeframe
of the PSA target.
12 For example, the Environment Agency, Internal Drainage
Boards and water and sewerage companies. Back
13
www.english-nature.org.uk Back
14
Ev 45 [English Nature] Back
15
Ev 45 [English Nature] Back
16
Ev 8 [RSPB] Back
17
Ev 10 [RSPB] Back
18
Q66 Back
