The Wildlife and Countryside Act 1981 applies to England, Wales and Scotland. In Northern Ireland, the Nature Conservation and Amenity Lands (NI) Order 1985 and Wildlife (NI) Order 1985 includes the protection of plants and animals.
SSSIs and ASSIs
Under the Wildlife and Countryside Act 1981, SSSIs are identified by the relevant nature conservation agency. In Northern Ireland, the designation of ASSIs is the responsibility of the Department of the Environment. Identified sites must be notified to the landowner, occupier, EA or SEPA and the relevant planning authority.
SSSIs and ASSIs include many areas of waterway and wetland. For example, in England, English Nature has selected 26 rivers for notification as SSSIs. Notification is carried out in consultation with EA and riparian owners, following which management objectives are drawn up. These objectives may include improved water quality, the reduction of abstraction or other measures to maintain or increase flows, and projects to improve the habitat of the river and the land alongside it. From the 26 river SSSIs, six pilot sites have been selected for the Water Fringe Habitat Scheme, administered by MAFF, under which 10 or 20 year agreements can be made to manage waterside land in a way which benefits wildlife in the water and on the bankside.
Species protection
Under Section 1, Part 1 of the Wildlife and Countryside Act 1981 it is an offence to take, damage or destroy the nest of any wild bird while the nest is either in use or being built. Section 2 permits the killing or taking of certain birds, outside the close season from February 1st to August 31st, including coot, tufted duck, gadwall, goldeneye, Canada goose, greylag goose, pink-footed goose, white-fronted goose (England and Wales only), mallard, moorhen, pintail, golden plover, pochard, shoveler, common snipe, teal and widgeon. Section 9 makes it an offence for a person intentionally to take, kill or injure any wild animal listed in Schedule 5 of the Act, or to damage, destroy or obstruct access to any place used for shelter by such an animal. Great crested newts, natterjack toads, otters, sturgeon, medicinal leech, fairy shrimp and fen raft spider are amongst those fully protected, with other species receiving partial protection. Under Section 13, it is an offence to intentionally pick, uproot or destroy any wild plant named in Schedule
8 (a list of threatened species requiring special protection), or, not being an authorised person, to intentionally uproot any wild plant. This means that no wild plant may be dug up without the landowner ’s permission, and even the landowner may not uproot a Schedule 8 plant. Under Section 14, it is an offence to release or allow to escape into the wild any animal not normally resident or a regular visitor to Great Britain. Section A also makes it an offence to plant, or allow to become established, giant hogweed or Japanese knotweed.
International Conventions and European Directives
International Conventions and European Directives may also apply to the UK, and are implemented through a combination of wildlife protection legislation, general statutory duties and guidance from central government. Of particular note is the Convention on Wetlands of International Importance 1971, known as the Ramsar Convention, which aims to conserve wetlands and promote their sustainable use. European Directives include the EU Directive on the Conservation of Wild Birds (1979), and EU Directive on the Conservation of Natural Habitats and of Wild Flora and Fauna (1992). These international agreements require measures not only to classify and protect sites, but to incorporate conservation measures in land and water policies and in decision making procedures. The protection of sites for migratory birds is of particular importance.
Under the EU Directive on the Conservation of Wild Birds, over 77 sites have been designated in the UK as Special Protection Areas, and 69 sites have been designated under the Ramsar Convention. Some of these sites are included under both, and most are also SSSIs or ASSIs.
