There is a mass of international and national legislation which relates to wildlife. This section briefly describes the main pieces of legislation which it is important to be aware of. Please click on these buttons for further information.
The Convention on Biological Diversity (1992)
This convention was signed at the United Nations Earth Summit in 1992. It aims to protect the earth's variety of plant and animal species and their habitats. It requires countries to produce national action plans for the conservation of biodiversity.
The Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat was ratified by the UK in 1976. The Convention seeks to promote the conservation and wise use of wetlands, particularly those which support internationally significant numbers of water birds. This is achieved through the designation of Ramsar Sites . In Devon, the Exe Estuary is designated as a Ramsar Site.
The European Community Council Directive on the Conservation of Wild Birds (79/409/EEC) sets out general rules for the conservation of all naturally occuring wild birds, their nests, eggs and habitats. It requires member states to designate Special Protection Areas (SPAs) for protection of certain species. There are 3 SPAs within Devon.
The European Community Council Directive on the Conservation of Natural Habitats of Wild Fauna and Flora (92/43/EEC) aims to protect the European Union's biodiversity. It requires member states to designate Special Areas of Conservation (SACs) - sites of European importance for listed habitats and species. SACs must be maintained at, or restored to, favourable conservation status, and should be protected from damaging plans or projects. There are 17 candidate SACs in Devon. The Directive also requires member states to provide strict protection for specified flora and fauna outside of designated sites (ie European Protected Species).
Together, SACs and SPAs will form a European network of sites called 'Natura 2000'.
National Parks and Access to the Countryside Act 1949
This act gave powers to English Nature (then called the Nature Conservancy) to designate Sites of Special Scientific Interest (SSSIs) and National Nature Reserves (NNRs), and to local authorities to designate Local Nature Reserves (LNRs).
This act imposed a duty on local authorities and other public bodies to have regard to the desirability of conserving the "natural beauty and amenity" of the countryside - including wildlife - in the exercise of their functions relating to land.
Wildlife and Countryside Act 1981
This act provides varying degrees of protection for the listed species of flora and fauna, including comprehensive protection of wild birds and their nests and eggs. The act also introduced the designation of Marine Nature Reserves . It also revised the system for designating SSSIs and gave further powers for their protection and the introduction of management agreements.
Protection of Badgers Act 1992
This act consolidated previous badger legislation by providing comprehensive protection for badgers and their setts, with a requirement that any authorised sett disturbance or destruction be carried out under licence.
The Conservation (Natural Habitats &c.) Regulations 1994 formally transpose the requirements of the Habitats Directive into national law. They build on existing nature conservation legislation for the protection of habitats and species by introducing requirements for assessing plans and projects affecting European designations and licensing certain activities affecting European Protected Species.
Countryside and Rights of Way Act 2000
This act strengthens the protection given to SSSIs. It revises the procedures for the notification of SSSIs and for the consenting of operations which may damage the special interest of a SSSI. Local authorities have a new duty to take steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of SSSIs.
The act also strengthens the existing provisions of the Wildlife and Countryside Act 1981 for the enforcement of wildlife legislation, including a new offence of "recklessly" destroying or damaging the habitats of certain protected species.
These regulations aim to protect important hedgerows in the countryside. They make it illegal to remove most countryside hedges without first notifying the local planning authority and provide protection for 'important hedgerows'.
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
These regulations (implementing a European Directive) require an Environmental Impact Assessment to be carried out, before planning permission is granted, for certain types of major project which are judged likely to have significant environmental effects.
Further Information
Department of the Environment. 1994. Planning Policy Guidance 9: Nature Conservation. London: HMSO.
Stationery Office. 2001. Countryside and Rights of Way Act 2000: Explanatory Notes. London: The Stationery Office.
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