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WMA: the Habitats Directive

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WMA: the Habitats Directive The Habitats Directive Implications for the Water Management Alliance About this Information The Conservation (Natural Habitats & c) Regulations became law in 1994. Sheet The regulations transpose the European Habitats Directive into UK law, and Internal Drainage Boards (IDB’s) are bound by this legislation with This sheet is produced for respect to work which may affect European wildlife sites. members of Drainage Boards, particularly those With two new sites under consideration for Norfolk, it is a good time to within the Water remind all board members of our duties under this legislation, the Management Alliance. significance of which is only now being fully appreciated. It aims to remind members of the requirements of the What are European Sites? What Type of Work is Covered? Habitats Directive European sites are defined in the All work affecting a European Site is Regulations with regard to Regulations as Special Protection covered by the Habitats Directive. the activities of IDB’s. Areas (SPAs) classified under the However, only work which is likely to EC Birds Directive, and Special ‘significantly affect the special interest The responsibility rests with Areas of Conservation (SAC’s) of the site ` will require an appropriate members to ensure these including those candidates sites assessment. As the European Sites requirements are met. submitted by Government to the within the drainage districts tend to be European Commission. of interest for their wetland features, As a Board Member What this will include any work which may Should I Do? Confusingly, these may often be lower water levels and lead to a drying referred to variously as European out of the site. Make yourself aware of the sites , Sites of Community location of all the European Importance or Natura 2000 sites. Sympathetic ditch management sites within your district. (carried out in line with the procedures (Maps are available from In Norfolk there are many terrestrial set out in the Alliance’s Standard the office) European sites, within the districts Maintenance Operations document.) of the Water Management Alliance . does not have a significant effect, and Understand the relationship In addition the wash and North therefore will not need an appropriate between the Land Drainage Norfolk Coast is now a marine assessment. The Alliance Officers Act and the Regulations. In SAC. always work in close liaison with situations when they appear Natural England during any works to conflict, generally the carried out on a designated wildlife Implications for Drainage Boards Regulations have priority. site. All work affecting a European Site is covered by the Habitats Directive Support officers in their However, when the maintenance work in exercising their functions. This efforts to meet the is likely to have a significant effect, means that IDBs must not cause a requirements of the for example clearing a drain which has deterioration, or significant Regulations not been cleared for some time, disturbance to any European site replacing a sluice, enlarging, when carrying out any of our work. straightening , or ‘improving` a drainage channel or system , then this will require an appropriate assessment. Water Vole, Picture courtesy Rob Strachan Updates in Legislation Vertebrates Vertebrates It is an offence to deliberately pick, On 21 August 2007 an protected from protected from collect, cut, uproot or destroy a wild intentional or deliberate amendment to the Conservation plant of a European protected reckless disturbance disturbance under (Natural Habitats &c.) under the WCA the Habitats species. It is also an offence for any Regulations 1994 came into 1981 (‘Schedule 5 Regulations 1994 purpose to possess, sell or exchange species) (‘European force. Protected Species’). such a plant. Basking shark European protected animal Bats (all species) Bats (all species) The recent amendments to the species and their breeding sites Burbot (extinct in Habitat Regulations have removed UK) or resting places are protected many of the defences. This includes Whales, dolphins and Cetacea (all species) under Regulation 39. It is an porpoises* the commonly relied upon offence for anyone to Common dormouse Common dormouse 'incidental result defence', which deliberately capture, injure or kill Great crested newt Great crested newt previously covered acts that were Marine turtles (all Marine turtles (all any such animal or to the incidental result of an otherwise UK species) species) deliberately take or destroy their lawful activity and which could not Natterjack Toad Natterjack Toad eggs. It is an offence to damage Otter Otter or destroy a breeding or resting reasonably have been avoided. Pine marten place of such an animal. It is also Red squirrel In circumstances where best Sand lizard Sand lizard an offence to have in one's practice guidance either cannot be Smooth snake Smooth snake possession or control, any live or followed or is not applicable, Sturgeon Sturgeon dead European protected species. licences can be obtained to allow Walrus Water Vole persons to carry out activities that The threshold above which a Wildcat Wildcat would otherwise be prohibited, person will commit the offence without committing an offence. of deliberately disturbing a wild Please note that Natural Natural England has powers to animal of a European protected England can only issue a grant licences in England for the species has been raised. licence if it is satisfied that the purposes below: activity meets one of the above Now, a person will commit an purposes and is also satisfied offence only if he deliberately • preserving public health that there is no satisfactory disturbs such animals in a way as or public safety or other alternative, and that the action to be likely significantly to affect imperative reasons of authorised will not be (a) the ability of any significant detrimental to the maintenance groups of animals of that species • preventing the spread of of the population of the species to survive, breed, or rear or disease concerned at a favourable nurture their young, or (b) the conservation status in their local distribution of abundance • preventing serious natural range. Following the of that species. damage to livestock, amendment it will be possible foodstuffs for livestock, to carry out some activities Please note that the existing crops, vegetables, fruit, under a general licence rather offences under the Wildlife and growing timber or any than applying in each Countryside Act (1981) as other form of property or individual case for a separate amended which cover to fisheries; specific/individual licence. obstruction of places used for • science or education, shelter or protection, disturbance conservation, ringing or and sale still apply to European marking; protected species. • possession of species or derivatives. Further Information The following information may be useful for specific case studies and is available from King’s Lynn Office for members of the Water Management Alliance Boards. www.wlma.org.uk .
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