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Wildlife and Conservation Bill 78 of 1999-2000

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Wildlife and Conservation Bill 78 of 1999-2000 RESEARCH PAPER 00/30 The Countryside and 16 MARCH 2000 Rights of Way Bill – Wildlife and Conservation Bill 78 of 1999-2000 This paper is concerned with Parts III and IV of the Countryside and Rights of Way Bill, which is scheduled to receive its Second Reading on Monday 20 March. This paper deals with the wildlife and conservation aspects of the Bill. The provisions for protection of sites of special scientific interest (SSSIs) follow those set out in the DETR Sites of Special Scientific Interest: better protection and management. The Government’s Framework for Action document. (August 1999) Where notified SSSIs exist the Bill intends to strengthen the protections provided by such designation; improve notification procedures and introduce the power to denotify sites. The Bill also seeks to increase penalties for damaging both SSSIs and other wildlife and nature sites. The Bill will grant extended powers to wildlife inspectors for the enforcement of wildlife legislation and will provide powers for enforcing the restoration of some damaged sites and managing other sites in danger. This Bill extends to England and Wales only. Stephen McGinness SCIENCE AND ENVIRONMENT SECTION Grahame Allen SOCIAL AND GENERAL STATISTICS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 00/15 The Sexual Offences (Amendment) Bill: ‘Age of Consent’ and abuse 07.02.00 of a position of trust [Bill 55 of 1999-2000] 00/16 Licensing (Young Persons) Bill 1999-2000 [Bill 14 of 1999-2000] 09.02.00 00/17 The Parliamentary Oath 14.02.00 00/18 Postal Services Bill [Bill 54 of 1999-2000] 11.02.00 00/19 Unemployment by Constituency, January 2000 16.02.00 00/20 European Defence: from Pörtschach to Helsinki 21.02.00 00/21 Economic Indicators 01.03.00 00/22 The Health Service Commissioners (Amendment) Bill [Bill 15 of 1999-2000] 01.03.00 00/23 The Criminal Justice (Mode of Trial) (No. 2) Bill [Bill 73 of 1999-2000] 03.03.00 00/24 The National Lottery 08.03.00 00/25 The Regulation of Investigatory Powers Bill [Bill 64 of 1999-2000] 03.03.00 00/26 The Warm Homes and Energy Conservation Bill (Revised edition) [Bill 16 of 1999-2000] 07.03.00 00/27 The Race Relations Amendment Bill [HL] Bill 60 of 1999-2000 08.03.00 00/28 Unemployment by Constituency, February 2000 15.03.00 00/29 Unemployment by Constituency, Revised rates 15.03.00 Research Papers are available as PDF files: • to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk • within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. Any comments on Research Papers should be sent to the Research Publications Officer, Room 407, 1 Derby Gate, London, SW1A 2DG or e-mailed to [email protected] ISSN 1368-8456 Summary of main points The wildlife and nature conservation provisions within the Bill have been anticipated for a considerable time. Since Labour won the last General Election with a promise to improve wildlife protection in their manifesto, there has been speculation as to the extent of improvements to wildlife law. While the provisions of the Bill have, in general, been welcomed by most wildlife and nature conservation groups, there has been some disappointment expressed at the fact that the legislation has not been more wide ranging. There is no inclusion of Areas of Outstanding Natural Beauty within statutory protection measures; there is no legal underpinning of the process resulting in Biodiversity Action Plans; there is no duty on local authorities to maintain wildlife sites and there is no mention of marine habitats or marine species protection. The response from landowners has been one of qualified welcome. It is felt that the powers granted by the Bill should be seen as measures of last resort for use when reasonable management agreements cannot be reached with the owners/occupiers of an SSSI. There has also been a general feeling, from all concerned, that the Government must ensure that the changes and improvements in management and enforcement are accompanied by adequate funding for the conservation agencies (English Nature and the Countryside Council for Wales). As the Government have announced increased funding for English Nature this is more an issue for the CCW as the Welsh Assembly is now responsible for the funding of such activity. CONTENTS I Introduction 7 II Nature Conservation Sites and Legislation 9 A. Statistical Data on Wildlife and Nature Conservation 15 1. Prosecutions and convictions under the Wildlife and Countryside Act 1981 15 2. Sites of Special Scientific Interest (SSSI) 16 III Recent Parliamentary Debate 21 A. The Areas of Outstanding Natural Beauty Bill [HL] 1998/99 21 B. The Wildlife Bill [Bill 252] 1997-98 23 IV Sites of Special Scientific Interest 25 A. Protection and Management 25 B. Criticisms of the SSSI system 26 C. SSSI Adjournment Debate 28 V The Current Bill 32 A. Immediate Reaction to the Bill 32 1. Non-Governmental Organisations 32 2. Government Agencies and Political Parties 34 B. Provisions of the Bill 36 1. Sites of Special Scientific Interest 36 2. Enforcement of Wildlife Legislation 38 3. Other Provisions of the Bill for the Countryside 39 RESEARCH PAPER 00/30 I Introduction The countryside holds a special place in the hearts of many people both urban and rural: there exists an idyllic picture of “England’s green and pleasant land”. There is little truly wild countryside left in England and Wales and, for many people, the view of the countryside is not wild woods and mountains but rolling fields and well managed hedges. There is no precise definition of ‘countryside’ used by the Countryside Agency but it generally refers to land outside built up areas. The Department of the Environment carried out a Countryside Survey which reported that 88% of England is countryside of which over 70% is arable land or managed grassland.1 Rural areas are defined as those wards or postcode sectors which are outside settlements of 10,000 or more people. Rural parishes are those which have a resident population of 10,000 or less. There are 9,677 such parishes in England.2 The character of the land tends to reflect the history of the area and the use to which the land has been put over the past few centuries. The Countryside Agency have launched a Countryside Character Initiative that aims to: look at the whole of England’s countryside - rather than just specific designated areas - and provide a consistent national framework within which more detailed local landscape assessments would sit.3 In the past, conservation of the countryside has been approached in a less holistic fashion, attempting to identify the important bits and provide protection for those. This has led to a piecemeal approach and a patchwork of legislation which is not held, by wildlife groups and conservation agencies, to have accomplished the conservation of the countryside nor the wildlife that once flourished in it.4 The State of the Countryside 19995 reports that over half the English population wish to live in the countryside but that a third of the population expressed some concern about the quality of countryside. The 1996 British Social Attitudes Survey reported that 47% of respondents believed the countryside to have changed for the worse over the previous 20 years, as opposed to the 12% that believed it to have changed for the better. It was also noted that whilst fewer than half of those living in cities or the suburbs were content with their way of life, 89% of countryside dwellers were content with living there. 1 Department of Environment, Countryside Survey 1990, January 1993 2 The Countryside Agency, The state of the countryside 1999 3 http://www.countryside.gov.uk/what/cci1.htm 4 Graham Harvey, The Killing of the Countryside, 1997 5 The Countryside Agency, The state of the countryside, 1999 7 RESEARCH PAPER 00/30 The three main concerns expressed with regard to the countryside were development, pollution and the removal of hedges and woods. These concerns were expressed by at least twice as often as other concerns.6 The Labour Party in their 1997 election manifesto promised to ‘ensure greater protection for wildlife’. There has been considerable speculation since the election amongst wildlife and countryside groups as to the nature of a countryside bill. Among the hopes of these organisations have been: • stronger penalties for wildlife crime • better protection for wildlife sites such as SSSI and AONB; • better protection for hedgerows and landscape features; • the legal underpinning of the Biodiversity Action Plan; and • some consideration of how the marine environment might be protected. In Scotland, responsibility for the environment is now largely devolved. Thus the Scottish Parliament will be responsible for producing legislation to update or alter the Wildlife and Countryside Act 1981 (WCA) as it applies in Scotland. Schedule 10 of the current Bill makes consequential amendments to the WCA to reflect this change. 6 Countryside Commission, Public Attitudes to the Countryside, 1997 8 RESEARCH PAPER 00/30 II Nature Conservation Sites and Legislation There have been only a few major Acts of Parliament which address the countryside and the preservation of wildlife and wildlife habitats. The first of these, the National Parks and Access to the Countryside Act 1949, provided the beginnings of many of the bodies and mechanisms used today.
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