The Wildlife and Countryside Act 1981 is the main piece of legislation for the UK and for implementing preceding EU conventions. It protects both species and sites of UK importance. The Act is divided into four parts, this document deals only with Part I, which is concerned with the protection of wildlife.

Introduction

The Wildlife and Countryside Act 1981 (as amended) is the principle mechanism for the legislative protection of wildlife in Great Britain. It does not extend to Northern Ireland, the Channel Islands or the Isle of Man. This legislation is the means by which the Convention on the Conservation of European Wildlife and Natural Habitats (the 'Bern Convention') and the European Union Directives on the Conservation of Wild Birds (79/409/EEC) and Natural Habitats and Wild Fauna and Flora (92/43/FFC) are implemented in Great Britain. Similar legislation is enacted to fulfil these obligations elsewhere in the United Kingdom. The Wildlife and Countryside Act is divided into four parts.

• Part I is concerned with the protection of wildlife;
• Part II relates to the countryside and national parks (and the designation of protected areas);
• Part III covers public rights of way;
• Part IV deals with miscellaneous provisions.

This document deals only with Part I.

The Wildlife and Countryside Act 1981 only applies to 'wild animals'; these are defined as those that are living wild or were living wild before being captured or killed. It does not apply to captive bred animals being held in captivity. However, animals in gardens (e.g. newts in garden ponds) and captive bred animals that have been released to the wild are likely to be included in this definition.

The Wildlife and Countryside also prohibits the release of non-native species into the wild (Section 14). This is to prevent the release of exotic species that could threaten our native wildlife. Some populations of non-native species, such as the marsh frog Rana ridibunda, alpine newt Triturus alpestris and wall lizard Podarcis muralis have become established in the wild in Britain. The legislation does not prohibit capturing and keeping these animals but it makes re-releasing them an offence.

There are 'defences' provided by the legislation. These are cases where acts that would otherwise be prohibited by the legislation are permitted. Notably these allow things to happen that are reasonable, unpredictable and unavoidable, such as running over a badger on the road.

Licensing

Everything prohibited by the Wildlife and Countryside Act 1981 can be made legal by licensing by the proper authority. For example scientific study that requires capturing protected animals can be allowed by obtaining a license. Trade in the more widespread species is also permitted if licensed.

Other Legislation

Other legislation provides protection for wildlife, or specific groups of wildlife. For example:

• The Ground Game Act 1880,
• The Protection of Animals Act 1911,
• The Whaling Industry (Regulation) Act 1934,
• The Conservation of Seals Act 1970,
• The Salmon and Freshwater Fisheries Act 1975,
• The Dangerous Wild Animals Act 1976,
• The Animals (Scientific Procedures) Act 1986,
• The Deer Act 1991,
• The Protection of Badgers Act 1992

(some of these Acts have parallel legislation in Scotland and Northern Ireland)

History

Two major pieces of legislation protecting wildlife in Britain pre-dated and were repealed by the passing of the Wildlife and Countryside Act 1981. These were The Protection of Birds Acts of 1954, 1964 and 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975.

Although passed in 1981, the majority of Part I of the Wildlife and Countryside Act (all except Section 12) was not brought into effect until 28 September 1982. The Statutory Instrument bringing the legislation into effect was SI 1982 No. 1217 (C 39) 'The Wildlife and Countryside Act 1981 (commencement no. 5) Order 1982'.

Since the passing of the Wildlife and Countryside Act 1981 there have been amendments to the text of the Act, through Amendment Acts and other legislation, (e.g. Local Government Act 1985, Water Act 1989, Environmental Protection Act 1990), and to the lists of protected species, through Variations to the Schedules Orders.

There is a statutory five yearly review of Schedules 5 and Schedule 8 (protected animals other than birds and protected plants) undertaken by the statutory conservation agencies and coordinated through the Joint Nature Conservation Committee. Changes can be made by the Secretary of State at any time, following representation if it is considered necessary because of a threat of extinction or in response to international obligations. Amendments up to January 1994 follow.

• Wildlife and Countryside (Amendment) Act 1985
• Wildlife and Countryside (Service of Notices) Act 1985
• Wildlife and Countryside (Amendment) Act 1991

Variations to the schedules:

• SI 1988 No. 288 - amended Schedule 5 and 8
• SI 1989 No. 906 - amended Schedule 5
• SI 1991 No. 367 - amended Schedule 5
• SI 1992 No. 320 - amended Schedule 9
• SI 1992 No. 2350 - amended Schedule 5 and 8
• SI 1992 No. 2674 - amended Schedule 9
• SI 1992 No. 3010 - amended Schedule 2 and 3

European Legislation

The Ramsar Convention, 1976

Requires the conservation of internationally important wetlands. Their legally protected status is as a SSSIs, protected by the Wildlife and Countryside Act.

The Bern Convention, 1979

Requires the protection of endangered and vulnerable species of fauna and flora in Europe, and their habitats. Appendices list species for which exploitation and other factors should be controlled. Legal implementation for the relatively few UK species is by the Wildlife and Countryside Act and the EU Habitats Directive.

The Bonn Convention, 1979 & 1994

Requires the protection of migratory animals, from the Arctic to Africa. As for the Bern Convention, legal implementation has to date been through the Wildlife and Countryside Act, EU Council Directive on Wild Birds and EU Habitats Directive.

The EU "Birds Directive" (Directive on the Conservation of Wild Birds), 1979

This is designed to protect wild birds, and to provide sufficient diversity of habitats for all species so as to maintain populations at an ecologically sound level. It lists birds of special conservation concern requiring special conservation measures, and includes selection of areas most suitable for them to be designated as Special Protection Areas (SPAs). Furthermore it lists birds for which hunting and sale and other activities are allowed, but otherwise affords a strong degree of protection to all birds ("reverse listing" formula).

Legal implementation is by three mechanisms. The European Commission can investigate complaints of breach of the Directive. Secondly this Directive had much influence on the Wildlife and Countryside Act and many of its requirements are included in that legislation. Thirdly, SPAs have a limited amount of stronger protection than SSSIs, as provided by the Conservation (Natural Habitats, &c.) Regulations, 1994 (see below). Special Areas of Conservation (SACs) share this protection. SPAs and SACs together form a network of protected sites across the EU called "Natura 2000".

The EU Habitats Directive (Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora), 1992

Complements the EU Directive on the Conservation of Wild Birds and covers species other than birds. Habitats and species of "community interest" are identified, according to certain criteria, and these must be maintained at "favourable conservation status", again as specified by particular criteria. The mechanism for protection is through designation of Special Areas of Conservation (SACs), both for habitats and for certain species. There are also measures for the protection of certain species, including dormouse, which were not previously protected by other legislation.

The legal instrument for implementing the Directive in the UK is the Conservation (Natural Habitats, &c.) Regulations, 1992. These provide (a) for the protection of species listed in the Habitats Directive, and (b) for the conservation of habitats, namely the SACs designated under the Habitats Directive and the SPAs designated under the Birds Directive. As noted, this protection could be somewhat stronger than that afforded to SSSIs, particularly as regards existing planning permissions. Conservation bodies have pointed out loopholes, however, in both species and habitat protection.

Bibliography

1. DEPARTMENT OF THE ENVIRONMENT, 1992. Protecting Britain's Wildlife; Leaflet
2. HMSO, 1981. The Wildlife and Countryside Act 1981. Chapter 69. HMSO, London