Essex Wildlife Trust, Abbotts Hall Farm, Gt Wigborough, Colchester, Essex CO5 7RZ
Legislation Protecting Wildlife
Wildlife legislation is complicated, with some animals and plants enjoying greater protection than others and an array of exceptions and qualifications.
A summary of recent legislation is given below but, in general, if you suspect anyone of taking, injuring or killing any bird or animal they are probably committing an offence.
If you suspect anyone of picking or uprooting any plant from the wild, or without the owner's permission, they are probably committing an offence.
For some specially protected species, disturbance alone constitutes an offence, and this also constrains how we go about management work on our reserves.
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act was passed in 1981 principally to implement the EC Birds Directive but it also set the baseline for the protection of all wild species in the British Isles.
In general the law prohibits the intentional killing, injuring or taking of any bird, animal or plant from the wild.
There are however numerous special cases, exclusions and permitted operations contained in the appended schedules. These include:
| Schedule | ||
1 |
Birds protected by special penalties, including from disturbance at their nests. |
|
2 |
Birds regarded as quarry or pest species and which may be killed or taken. |
|
3 |
Birds which may be sold. |
|
4 |
Birds which must be registered and ringed if kept in captivity. |
|
5 |
Animals which may not be killed, kept or traded and whose habitat is also protected. |
|
6 |
Animals which may not be killed or taken by certain methods. |
The Act is enforced by the police, with English Nature, and in some instances DEFRA, acting as licensing authority for specific exclusion permits.
The Wildlife and Countryside Act in more detail...
Countryside and Rights of Way (CroW) Act 2000
In 2000 the Countryside and Rights of Way (CroW) Act became law. It enshrines the controversial 'right to roam' (which incidentally does not apply for managed land such as Trust reserves) and deals with Rights of Way, but also strengthens the protection of Sites of Special Scientific Interest (SSSIs) and the enforcement provisions against wildlife offences in the 1981 Act.
The 1981 Act requires the prosecuting authority to demonstrate that an offence was 'intentional', which is very difficult to prove.
The CRoW Act introduces a new offence of 'reckless' disturbance of certain listed birds and animals at their nest or place of shelter. This means that ignorance of their presence is not a reliable defence: a developer (probably) and a wildlife organisation such as the Trust (certainly) would be expected to take precautions to make sure that protected species were not at risk before undertaking activities that might be damaging.
Badger Protection Act 1992
The Badger Protection Act was passed in 1992 to protect badgers from persecution or interference. There are various special exclusions and permitted acts which can be carried out under the act (including the control of badgers to control Bovine TB) for which licences must be obtained from English Nature or DEFRA, depending on location and circumstances of the sett.
In summary, it is illegal to interfere in any way with badgers or with any sett in current use without a licence, except that hunts may block sett entrances temporarily, in a non-damaging way, to prevent foxes taking refuge in them from a hunt. This may only be done by people authorised by both the landholder and the hunt.
Habitats Regulations
The Habitats' Regulations Habitats Directive. These define the SPAs (Special Protection Areas) and SACs (Special Areas for Conservation) required by the Directive and also set out a separate schedule of protected species from that in the Wildlife and Countryside Act, notably great crested newts, bats, dormice and otters.
Species are listed in two annexes:
- Annex IIa protects sites favourable to the species;
- Annex IVa protects against capture, killing, disturbance and damage to breeding sites or resting places.
Other Laws
In addition to the regulations summarised above, there is also the Deer Act (1992), the Conservation of Seals Act (1970) and the Hedgerow Regulations (1997), which restrict the removal of ancient or other significant hedgerows.